I P ) ' i. 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' 2 OF THE STATE OF OREGON 3 In the Matter of the Administrative License of STIPULATION OF FACTS, 4 ROBERT K. SHIELDS SUSPENSION AND i PROBATION ORDER 5 6 On or about July 15, 1998, the Teacher Standards and Practices Commission (the 7 “Commission”) issued a Notice of Opportunity for Hearing to Robert K. Shields (“Shields”) in 8 which the Commission proposed to suspend or revoke his teaching license or otherwise impose 9 discipline under ORS 342.177 based upon the failure to follow district business/financial 10 procedures. The Commission and Shields have now reviewed the matters alleged and agree that ll their respective interests, together with the public interest, are best served by a stipulation to 12 certain facts, the suspension of Shield’s license and the imposition of probation. This agreement ' l ' 13 sets forth the facts upon which the parties have agreed and the sanctions to be imposed. In 14 entering into this Stipulation, Shields waives his right to a hearing to contest any of the findings 15 set forth below or to contest the Commission’s Order of Suspension and Probation. 16 FINDINGS OF FACT 1 17 1. Shields was employed as a Vice Principal/Athletic Director at Oregon City High School from September 1986 to November 26, 1997. 1 8 2. Beginning at some point in 1991 through October 1997, Shields repeatedly failed to l9 follow Oregon City School District business financial procedures by diverting funds that should have been deposited in business accounts for Activities and Sports programs at 20 Oregon City High School. 21 3. Beginning at some point in 1991 through October 1997, Shields repeatedly failed to exemplify personal integrity and honesty when he diverted cash, cashed vending machine 22 checks (written to Oregon City High School); and disbursed unauthorized funds in cash to individuals and business for goods and services. Shields acknowledges the sum of 23 moneys which were improperly accounted for exceeded $10,000. Page 1 - STIPULATION OF FACTS, SUSPENSION AND PROBATION ORDER GMCIJ h\GEN04261 Department of Justice 1 152 Court sum NE Salem, OR 97310 (503)378-6003 ' l 4. Beginning at some point in 1991 through October 1997, Shields failed to exemplify personal integrity and honesty when he created and sold family passes for fall and Winter 2 sports without the knowledge of the District, and diverted the funds from those sales. 3 5. Shields admitted to the District and the Commission investigator that he used District moneys in an inappropriate and unauthorized manner. 4 6. The vast majority of these fiinds were used to benefit the Athletic Department. 5 7. Shields paid $200 restitution to the district for the personal benefit he had received from 6 these diverted funds. The District accepted that amount as restitution and did not seek criminal prosecution. 7 8. Shields denies that any funds other than described in paragraph 7 were converted to 8 unauthorized personal use and contends that the filIldS were applied to school related activities. 9 . 9. Shields recognizes the seriousness of his misconduct and agrees to the suspension of his 10 license and two years probation. 11 Shields enters into this Stipulation of Facts with knowledge that the Commission will . l2 suspend his license from December 23, 1998, through May 14, 1999, and place him on two years 13 probation for the period May 15, 1999, through May 15, 2001. The terms of probation are: 14 l. Shields shall comply with the standards for ethical and competent performance of Oregon educators. 15 2. Shields shall comply with all laws and report to the Executive Director any arrests, 16 diversions, civil compromises, or pleas within ten days of occurrence. 17 3. Shields shall comply with all employer rules, policies and directives relating to business and financial procedures. 18 4. Shields shall report to the Executive Director within ten days any employer investigations l9 of possible misconduct or any discipline received from any public school employer that is reportable to the Commission. 20 5. Shields will provide to the Commission such information as requested to verify that he 21 has complied with the conditions of probation, concluding a statement from his employing district that he has complied with the standards for competent and ethical 22 performance and with the terms of this probation. 23 /// Page 2 - STIPULATION OF FACTS, SUSPENSION AND PROBATION ORDER GMC:tjh\GEN04261 Depmmm ofJustice l 162 Court Street NE Salem, OR 97310 (503) 378-6003 ' 1 6. Violation of the terms of this probation shall constitute independent basis for the Commission to impose other disciplinary sanctions upon Shields after first giving notice 2 and opportunity for hearing. 3 This Stipulation is contingent upon approval and adoption of the Order by the 4 Commission. If the Commission does not adopt this Order, neither Shields nor the Commission 5 are bound by these Stipulations and Shields retains all rights to a hearing on the allegations. 6 IT IS SO STIPULATED: 7 8 R0 ertK- 'elds D e 9 10 ' ~ 4; 4A Jim? 11 David V. Myton . Date Teacher Standards and Practices Commission 12 . 13 CONCLUSIONS OF LAW 14 Shields actions sets forth above constitute a violation 0f OAR 584-020-0040(4) and (5). 15 /// 16 /// l7 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// Page 3 - STl'PULATION OF FACTS, SUSPENSION AND PROBATION ORDER GMC:tjh\GEN04261 Depaamentofruiaw 1162 Court Street NE Salem, OR 97310 (503) 378-6003 . 1 ORDER 2 The Commission adopts the above Findings of Fact, and suspends Shields’ administrative 3 license from December 23, 1998, through May 14, 1999. During this same time period, Shields’ 4 right to reinstate/renew his teaching license is suspended. 5 Shields will be on probation for a period of two years from May 15, 1999, subject to the 6 terms described in the Findings of Fact above. 71/ 7 DATED this g 7 day ofMQigfi 1999, 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 / 10 By: éégljffl J 31/51/7 David V. Myton, Executive Director 11 Approved as to form: o 12 13 \ u , \WJA 1’1— (2L ll ML l s Brown Da e rney for Shields 15 I 16 $7 // / . \ ‘L' /b» \_ (7)6" £7" Z? T761 17 Gary C. Cor p Date Attorney for SPC 18 l9 20 21 22 23 Page 4 - STIPULATION OF FACTS, SUSPENSION AND PROBATION ORDER GMC:tjh\GEN04261 DepmentofJustice 1162 Court Street N'E Salem, OR 97310 (503) 37s_6003