z-Q ,1‘; 1 a BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the Teaching License of 4 STIPULATION OF FACTS, SUSPENSION, 5 DAVID St ROBERTS 1 AND ORDER OF PROBATION 6 On or about May 17, 2000, the Teacher Standards an Practices Commission 7 (Commission) issued a Notice of Opportunity for Hearing to David St Roberts (Roberts) in 8 which the Commission proposed to suspend or revoke his teaching license or otherwise impose 1 9 discipline under ORS 342.177. Roberts was charged with engaging in sexual harassment and 10 misuse of district equipment. The Commission and Roberts have now reviewed the matters 11 alleged and agree that their respective interests, together with the public interest, are best served , 12 by a stipulation to certain facts, a 90-day suspension of his license and placement on probation 13 for a period of four (4) years. This agreement sets forth the facts upon which the parties have 14 agreed and the sanctions to be imposed. In entering into this stipulation, Roberts waives his right 15 to a hearing to contest any of the findings set forth below‘ 16 FINDINGS OF FACT 17 l. Roberts holds a current basic teaching license valid until July 20, 2001. . 18 2. Roberts was hired October 4, 1999, to fill an unexpected special education 19 vacancy at Hillsboro High School in the Learning Resource Center. 20 /// 21 /// 22 /// a 1; 23 /// Page 1 - STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION GMC:tjh\GEN57340 DepartmenlofJusliCe 1162 Court Street NE 82%‘5'5532233? ‘r; RI . 1 3. On November l9, 1999, Roberts stood behind a female employee, took her by the 2 arms, and kissed her on the cheek. Roberts later told her in substantiate that he had, 3 “overstepped his bounds." A week or two later Roberts came back and in substance said to her, 4 “Watch out. I feel like overstepping my bounds again.” The conduct was unwelcome and 5 offensive to the employee. 6 4. On November 29, 1999, Roberts grabbed a teacher and gave her a big, chest-to- 7 chest hug, patting her back. The conduct was unwelcome and offensive to the teacher. 8 5. In November 1999, Roberts said to a teacher “Fuck you.” Leaning forward 9 Roberts followed by saying, “And I really mean it.” The conduct was unwelcome and offensive 10 to the teacher. 11 6. In November 1999, Roberts patted a teacher on the cheek in a manner that was ' 12 perceived as condescending and inappropriate. The conduct was unwelcome and offensive to the 13 teacher. 14 7. Roberts used a district computer to show a sexually explicit video of male 15 genitalia to a female staff member. When the staff member told him not to have the video of a 16 penis on the screen, he responded with “Wait, it’s better with music.” This conduct was 17 unwelcome and offensive. 18 Roberts enters into this Stipulation of Facts with the knowledge that TSPC will adopt an 19 Order requiring the suspension of his license, placing Roberts on four years of probation and 20 imposing additional conditions while on probation. This stipulation is contingent upon the 21 approval and adoption of the Order by the Commission. If the Commission does not adopt this 22 Order, neither Roberts nor the Commission are bound by these stipulations and he retains all . 23 rights to a hearing on the allegations. Page 2 - STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION GMC:tjh\GEN57340 Department autism 1162 Coufl Street NE Stanza? ‘a . 1 IT IS so STIPULATED: p 2 3 ' a Z {/2 5/0 0 David S. Roberts Da 4 \ 5 QM Wl/Wi L\r'-\ /PKJ// 00 David V. Myton, Executive Director Date 6 Teacher Standards and Practices Commission 7 CONCLUSIONS OF LAW 8 I. On or about November 1999, Roberts violated OAR 584-020-0040(4)(l) on 9 several occasions when he engaged in verbal or physical conduct of a sexual nature described in 10 the findings of fact. ll 2. On or about December 1999, Roberts violated OAR 584-020-0040(4)(n) when . 12 accepted and displayed a sexually explicit e-mail attachment video on a district computer. 13 OPINION 14 In consideration of the fact that Roberts had been away from the teaching vocation for a 15 decade and had not previously been subject to discipline, the Commission concludes the sanction l6 of suspension and probation is appropriate. l7 ORDER 18 The Commission suspends Roberts’ license for a period of 90-days commencing 19 September 1, 2000. Upon reinstatement of his teaching license, Roberts will be placed on 20 probation for a period of four (4) years subject to the following conditions: 21 l. During the period of suspension Roberts will attend sexual harassment training of 22 not less than four hours, at his own expense and as approved by the Executive Director. o a Page 3 - STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION GMC:tjh\GEN57340 Department ofJustice 1162 Court Street NE Salem, OR 97310 (503) 378-6003 if, $1 . 1 2. Roberts shall comply with all Commission requirements, including but not limited 2 to those articulated in OAR 584 Chapter 20 — the Standards for Competent and Ethical 3 Performance by Oregon Educators. 4 3. Roberts will notify the Commission’s Executive Director of employment as a 5 licensed teacher in this state or elsewhere and any discipline or investigation occurring while 6 employed as a teacher and during the period of this probation. 7 4. Roberts will provide to the Commission such information as requested to verify 8 that he has complied with the conditions of probation, including a statement from his employing 9 district that he has complied with the standards for competent and ethical performance. 10 Violation of any terms of probation shall constitute a basis for the Commission to revoke 11 Roberts’ license, alter first providing to Roberts notice and opportunity for hearing. . ' u be ' 12 DATED thlS fl day orgilaériooo. 13 TEACiliR STANDARDS AND PRACTICES COMIVIISSION 4 14 / r \ 6/’ By: Ila/M Z: é$ l 15 David V. Myton, Execu we Director 16 Approved as to form: l7 ‘ l / '0 , T )0 18 ‘I Jill III/[1,14, I 05 1 t ishop Date 19 rney for David S. Roberts 20 A’ 21 1 (a iL Gary M. ordy Date 22 Attorney for TSPC o a Page 4 - STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION GMC;tjh\GEN57340 Depmmem autism 1162 Cour! Street NE Salem, OR 97310 (503) 378-6003