O O 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF REPRIMAND 5 THOMAS FRANKLIN HOFFAR ) AND PROBATION 6 On or about June 9, 2004, the Teacher Standards and Practices Commission 7 (Commission) received a report from Peter M. Tarzian, Superintendent, Falls City School 8 District, alleging that Thomas Franklin Hoffar (Hoffar) made inappropriate comments to a female 9 student. 1O After review of the matters alleged, Mr. Hoffar and the Commission agree that their 11 respective interests, together with the public interest, are best served by a stipulation to certain 12 facts, the imposition of a Public Reprimand and a three (3) year probation. This Order sets forth 13 the facts upon which the parties have agreed and the sanction to be imposed. Mr. Hoffar 14 stipulates that there are sufficient facts contained in the Commission's files and records to . support the findings of fact and conclusions of law set forth below. In entering into this 16 stipulation, Mr. Hoffar waives the right to a hearing to contest the findings of fact, conclusion of 17 law and order set forth below. Mr. Hoffar understands that the probation will be subject to 18 specific conditions. 19 STIPULATION OF FACTS 20 1. The Commission has licensed Thomas Franklin Hoffar since August 16, 1978. 21 Mr. Hoffar currently holds a Standard Teaching License valid August 2, 2001, through 22 October 1, 2006, with endorsements in Standard General Business Education and Standard 23 Social Studies. 24 2. The Commission received a prior report from Falls City School District on 25 November 16, 2001. Mr. Hoffar completed an eight (8) hour social boundaries program with 26 Nancy Huppertz in July of 2002. The Commission adopted a resolution t0 take no further action . on October 11, 2002. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Hoffar O O 1 3. In May of 2004 a female high school student reported that Mr. Hoffar made . inappropriate comments to her. The student told school administrators that Mr. Hoffar told her 3 in class that, “The wet hair look really looked nice on her." The student also reported that on an 4 occasion in which she was wearing a shirt to school with the words “KISS ME“ printed on the 5 front of it Mr. Hoffar made a comment in class similar to, “You really don’t want me to kiss you, 6 do you?" 7 4. Mr. Hoffar beat/teaching for the Fall City School District in 1978. Mr. Hoffar retired 8 from Falls City School District effective August 18, 2004. 9 5. Mr. Hoffar recognizes that his comments to this student were inappropriate. 1O Thomas Franklin Hoffar enters into this Stipulation of Facts with the knowledge 1 1 that the Teacher Standards and Practices Commission shall place him on probation for a period 12 of three (3) years. This Stipulation is contingent upon approval and adoption of the Order by the 13 full Commission. If the Commission does not adopt this Order, neither Mr. Hoffar nor the . Commission are bound by these stipulations and Mr. Hoffar retains the right to a hearing on the 15 allegations. 16 IT IS SO STIRULATED: \ .7 Mm M 18 T o a Frankli roftar ‘ Date 19 Mfllw/u ,1.” g-Zéedsgw_ 2O Victoria Ch b- -in, Execu ive Director Date 21 Teacher Standards and Practices Commission 22 CONCLUSIONS OF LAW 23 Thomas Franklin Hoffar violated OAR 584-020-0010(5) when he failed to demonstrate a 24 commitment to use professional judgment in communicating with students. This misconduct 25 constitutes Gross Neglect of Duty. The Commission’s authority to impose discipline in this 26 matter is based upon ORS 342.175. ‘7 /// _8 /// Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Hoffar O O 1 ORDER ' The Commission imposes a Public Reprimand on Thomas Franklin Hoffar. This 3 Stipulation of Facts and Order 0f Probation constitutes the Reprimand. 4 Furthermore, the Commission imposes a three (3) year probation upon Mr. Hoffar 5 subject to the following terms and conditions: 6 1. During the first year of probation, Mr. Hoffar shall seek intensive counseling by a 7 professional acceptable to the Commission to modify his behavior in communicating with 8 students. The Commission shall furnish a copy of this order to the treatment provider together 9 with copies of any documents requested by the treatment provider. The treatment provider shall 10 provide the Commission with an outline for the treatment on or before April 30, 2005; 1 1 2. On or before March 10, 2006, the treatment provider shall submit to the Commission 12 a written report attesting that there is a high probability Mr. Hoffar will not repeat his behavior 13 regarding inappropriate communication with students. '> 3. Mr. Hoffar shall submit to the Executive Director of the Commission annual reports of 15 compliance with this probation. Mr. Hoffar shall provide these reports on or before March 10, 16 2006, March 10, 2007 and March 10, 2008. These reports shall contain information regarding 17 the location of any teaching position held during the year together with a statement indicating 18 whether or not Mr. Hoffar is aware of any allegation that he has violated a Standard for 19 Competent and Ethical Performance of Oregon Educators. 2O 4. Mr. Hoffar shall comply with all Standards for Competent and Ethical Performance 21 under Oregon Administrative Rules, Chapter 584, Division 020. 22 If Mr. Hoffar does not comply with his treatment plan based on the reports of his 23 treatment provider or as otherwise determined by the Executive Director he shall be in violation 24 of the terms of this probation. Violation of the terms of this probation may constitute an 25 independent basis for the Commission to impose discipline, up to and including revocation of ’ /// 27 /// Page s STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Hoffar 1 Mr. Hoffar‘s teaching license subject to Mr. Hoffar’s right to a hearing on the issue of whether he . violated probation. 3 IT IS SO ORDERED this 1% day of March, 2005. 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 t 6 By 7 ictoria Chambe ' , xecutive Dire tor 8 9 Approved as to form: 10 / 11 ' a’ ! laws‘. a.’ 12 Elizab-fl". Joffe, os:li?‘=1hi 7 13 Attorney for Thomas Franklin Hoffar [021605] Page 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION » Hoffar