1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ OF THE STATE OF OREGON 3 4 In the Matter of the ) 5 Administrative License of ) DEFAULT ORDER OF 6 DAVID SHERMAN GILES ) LICENSE REVOCATION 7 8 On May 16, 2003, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to David Sherman Giles (Giles) in which the 10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. 11 First Class Mail and U.S. Certified Mail Receipt 7002 3150 0004 3439 2506 t0 the address 12 Mr. Giles provided to the Commission. The U.S. Certified Mail Receipt was signed and dated 13 received on May 27, 2003. The Notice of Opportunity of Hearing, dated May 16, 2003, and 14 signed by Victoria Chamberlain, Executive Director, stated: 15 "You, David Sherman Giles, are entitled to a hearing on the proposed action of 16 the Commission. If you want a hearing, you must file a written request for a 7 hearing with the Commission within 21 days of the date of this notice. Attached ‘ to this notice is a copy of the procedures, right of representation and other rights 9 of parties relating to the conduct of a hearing as required under ORS 20 183.413(2).” 21 22 Mr. Giles did not request a hearing. The Commission, therefore, finds Mr. Giles 23 to be in default and enters the following findings of fact, conclusions of law and order, 24 based on the files and records of the Commission concerning this matter. 25 FINDINGS OF FACT 26 1. On October 14, 1999, the Commission issued a Standard Administrative License to 27 Mr. Giles valid until June 15, 2005, with a Standard Administrator Endorsement. 28 2. Mr. Giles served as a Principal at Baker Middle School, Baker School District 29 beginning in September of 1998 until his resignation in lieu of termination on October 9, 2002. ' PAGE 1 — DEFAULT ORDER OF LICENSE REVOCATION - GILES 1 3. During his employment as Principal of Baker Middle School, Mr. Giles created an '2 intimidating, hostile and offensive working environment for a female staff member he supervised 3 by repeatedly hugging and kissing her in the work place. 4 4. On or about June 6, 1995, Mr. Giles failed to disclose on Application for Educator 5 License Form C-1 for a Basic Administrative License that he resigned in lieu of termination in 6 December of 1993 when confronted about an inappropriate relationship with a female staff 7 member he supervised as a building principal in the Wasatch County School District, Heber I 8 City, Utah. 9 CONCLUSIONS OF LAW 10 Mr. Giles’ conduct towards a female employee whom he supervised at Baker Middle 11 School violated OAR 584-020-OO40(4)(I), by creating an intimidating, hostile and offensive 12 working environment. Mr. Giles violated OAR 584-020-0040(4)(c) when he failed to disclose to 3 the Commission that he had not completed a contract when he resigned in lieu of termination for ‘t engaging in an inappropriate relationship with a female staff member while serving as building 15 principal in Utah. This misconduct constitutes Gross Neglect of Duty. The Commission's 16 authority to impose discipline in this matter is based upon ORS 342.175. 17 / // 18 l/l 19 /// . PAGE 2 — DEFAULT ORDER OF LICENSE REVOCATION - GILES 1 .2 ORDER 3 The Commission hereby revokes the Oregon Standard Administrative License issued to 4 David Sherman Giles. 2*” 5 IT IS SO ORDERED this day of August 2003. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 / . 9 ictoria Chaw'ain, Execut e Director 10 11 NOTICE OF APPEAL OR RIGHTS 12 13 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 14 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 15 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 16 183.482 TO THE OREGON COURT OF APPEALS. ' PAGE 3 — DEFAULT ORDER OF LICENSE REVOCATION - GILES 1 CERTIFICATE OF MAILING Q I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular U.S. mail and by U.S. Certified Mail-Return Receipt Requested, addressed 5 to: 6 7 David Sherman Giles 8 PO Box 2916 9 ( Mesquite, NV 89024 10 17/” 11 Dated this I day of August 2003. 12 . 13 7 . *4 72/ 4M) 15 By: _ c‘ 16 Mel y Hans n, ecutive Assistant . PAGE 1 — CERTIFICATE OF MAILING - GILES