l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter 0f the ) DEFAULT ORDER

S Educator License of ) OF REVOCATION

6 T L JOE SHEPHERD )

7

8

9 On June 13, 2016, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to T L Joe Shepherd (Shepherd) in which the
11 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First
12 Class Mail and U.S. Certified Mail Receipt 7015 0640 0004 7539 7011 t0 the address on file
13 with the Commission. The Notice designated the Commission file as the record for purposes
14 of proving a prima facie case. The Certified Mail was returned signed t0 the Commission 0n
15 June 20, 2016. The first class mail was not returned to the Commission and is assumed t0
16 have been delivered. The Notice of Opportunity of Hearing, dated June 13, 2016, and signed
17 by Victoria Chamberlain, Executive Director, stated:
l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Shepherd did not request a hearing. The Commission, therefore, finds Shepherd to be in

‘ 27 default and enters the following findings 0f fact, conclusions of law, and final order, based
i 28 on the files and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Shepherd has been licensed as a teacher in Oregon since September 14, 1993.
31 Shepherd currently holds a Career and Technical Education II Teaching License,
32 with endorsements in Agricultural Science and Technology (CTE/ HS) and
33 Manufacturing Technology (CTE/HS), valid from September 5, 2013, through
34 September 4, 2016. During all relevant times, Shepherd was employed by the North
3 5 Marion School District.
36 2. On June 9, 2014, the Commission received a complaint alleging Shepherd had
37 engaged in “Uncomfortable student — teacher conduct”. Investigation determined
PAGE 1-DEFAULT ORDER OF REVOCATION- T L JOE SHEPHERD

1 that related complaints had also been filed and investigated at the school district
2 level. Investigation indicated a pattern of improper conduct on Shepherds part,
3 including:
4
5 a. December 2011, Shepherd and his construction students performed electrical
6 work on the school field house without proper permits. Shepherd was disciplined
7 with a written reprimand and one day suspension without pay for being
8 dishonest, exposing the district to liability and fines, and setting a poor example
9 to students.
lO .
11 b. May 2011, Shepherd was issued a written reprimand and a day off without pay for
12 poking a student with a stick to get him out 0f the shop area, leaving a red mark
13 on the student’s skin. Shepherd also inappropriately made reference to the use of
14 a nail puller as a “Dumbass Bar” towards an instructor and in the presence of
15 students.
l6
17 c. November 2011, Shepherd was issued a written reprimand for patting a student
18 on the face with his hands and calling another student an “insubordinate ass”, in
19 the presence of other students.
20
21 d. October 2012, Shepherd was issued a written reprimand and three days of unpaid
22 leave for slapping a student on the face with his hand.
23
24 e. May 2013, Shepherd was issued a written reprimand, given five days off without
25 pay, and instructed that this was a final warning for belittling a student.
26 Shepherd sent the student a text message calling him a “slimy weasel” and t0
27 “man up”. In class, Shepherd referred t0 students as “jackasses” and “stupid”,
28 calling the same student “The stupidest “Last Name” you had ever met” in the
29 presence of other students.
3O
31 f. June 2014, Shepherd was issued a written reprimand and five days of unpaid leave. 1
32 This district reprimand was for the same conduct that was reported to the i
PAGE 2-DEFAULT ORDER OF REVOCATION- T L JOE SHEPHERD

1 Commission June 9, 2014, specifically, using pet names like “princess”, “darling”,
2 and “beautiful” towards a female student making her uncomfortable. Shepherd also
3 poked or tickled the same student in the ribs when she was blocking Shepherds
4 entrance to the school concession stand. '
5 .
6 CONCLUSIONS OF LAW
7 Shepherds conduct described above constitutes gross neglect of duty in in violation
8 of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(1)
9 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584-
10 o2o-ooro(5) (Use professional judgment), OAR 584-020-0030(2)(b) (Skill in
1 1 communicating with administrators, students, staff, parents, and other patrons); and
12 OAR 584-020-0040(4)(0) as it incorporates, OAR 584-020-0035(1)(c)(D) (Honoring
13 appropriate adult boundaries with students in conduct and conversations at all times).
14
15 The Commission's authority to impose discipline in this matter is based upon ORS
16 342.175.
17 FINAL ORDER
18 The Commission hereby rapkes T L Joe Shepherds Educator License.
19 IT IS SO ORDERED THIS IS f day of August, 2016.
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21 By: H‘ l
22 Dr. Monica Beane, Executive Director
23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
27 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
28 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
29 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REVOCATION- T L JOE SHEPHERD

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of final order, certified by me as such, by
mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to:
T L Joe Shepherd
28201 S Barlow Rd
Aurora, OR 97002-9304
A
Dated this [5 day of August, 2016.
' /
By: \_
Pa heldon
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING—— T L JOE SHEPHERD