BEFORE THE TEACHER STANDARDS AND PRACTICES cofififihii? 5 r ..
OF THE STATE OF OREGON " ‘ ‘ " i ‘a’ ED

In the Matter ofthe ) STIPULATION OF FACTS AND JUL 2 g 2016

Educator License of ) FINAL ORDER OF SUSPENSION pi.‘ a

~ Dian 5r s

DAVID ALLEN BOWER ) AND PROBATION "' "we: sawmill;

On or about March 16, 2015, the Teacher Standards and Practices Commission (Commission)
received a report from the Multnomah Education Service District (MESD) indicating that David Allen
Bower (Bower) violated professional standards and local policy in part by engaging in inappropriate
conversations with student inmates.

Bower fully cooperated with the Commission's investigation in this matter. Alter review of the
matters alleged, Bower and the Commission agree that their respective interests, together with the
public interest, are best served by a stipulation to certain facts, the imposition of a thirty (30) day
suspension of Bowefs Oregon educator license and two years of probation to commence upon
reinstatement of Bower’s Oregon educator license.

This document sets forth the facts upon which the parties have agreed and the stipulated
sanction to be imposed. Bower stipulates that there is sufficient evidence in the Commission's files

‘ and records to support the findings of fact, conclusions of law, and order set forth below.
i By signing below, Bower acknowledges, understands, stipulates, and agrees to the following:

(i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact,

conclusions of law, and order set forth below, and fully and finally waives all such rights and any

rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and

Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and

disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is

contingent upon and subject to approval and adoption by the Commission. If the Commission does
not approve and adopt this Stipulation and Final Order, then neither Bower nor the Commission are
bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it
completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final

Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no

promises or representation has been made to induce him to Sign this Stipulation and Final Order; and

(vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully

advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior

to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order
below.
STIPULATION OF FACTS

1) The Commission has licensed Bower since May 12, 2000. Bower holds an Initial II Teaching
License with endorsements in language Arts (HS, ML), Multiple Subjects (MIDLVL), and Special
Education (ML/ HS), valid from April 10, 2014, through April 9, 2017. During all relevant times,
Bower was employed by the Multnomah Education Service District (MESD), contracting with the
Yamhill County Juvenile Detention facility.

2) On March 16, 2015, the Commission received a report from the MESD alleging that Bower had
violated professional standards. Investigation determined that on February 11 and 12, 2015, Bower
engaged in improper conduct, including:

a) Engaging in inappropriate conversations with student inmates that included sexual innuendo
in an attempt to be seen as a “cool” teacher.

b) Bower shared and/or allowed to be shared confidential information regarding student inmates,
including criminal history information and backgrounds while attempting to get to know them
by asking personal questions in a group setting.

c) Bower encouraged and/0r allowed student inmates to harass a female educational assistant
(ES) by encouraging or failing to prevent bullying behaviors, sexist comments, and jokes about

her possible sexual orientation directed at ES, because of his failure to properly address his
‘ own frustrations with ES directly.
, d) In reviewing audio and video coverage of Bower’s behavior, juvenile detention managers
‘ determined that Bower’s conduct created an intimidating, hostile, and offensive environment.
They further determined that Bower’s conduct constituted a safety issue, created an unsafe
work environment, and placed educational assistant ES in an unsafe position to interact with
inmate students. ;'\\
l
e) On February 18, 2015, Bower was placed on administrative leavlé, and Bower later resigned in
lieu of termination. i l
f) Bower immediately sought voluntary counseling and has adRres/sed thb issues that led him to
engage in the behaviors identified herein. / . _ umwl 81M '
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David Allen Bower Date C’ y’ \k m
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Monica Beane, Executive Director Date
Teacher Standards and Practices Commission
CONCLUSIONS OF LAW
The above described conduct that David Allen Bower engaged in constitutes gross neglect of
duty in violation of ORS 342.175(1)(b); OAR (4)(n) as it incorporates OAR
(1) (Recognize the worth and dignity of all persons and respect for each individual), OAR
(5) (Use professional judgment), OAR (2)(b) (Skill in communicating with
administrators, students, stajf, parents, and other patrons); and OAR (4)(o) as it
incorporates, OAR (1 )(c)(D) (Honoring appropriate adult boundaries with students in
conduct and conversations at all times).
The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
ORDER
The Commission hereby adopts and incorporates herein the above stipulation of facts,
conclusions of law, and based thereon hereby imposes a thirty (30) day suspension upon Bower’s
Oregon educator license as follows:
David Allen Bower’s Educator license is hereby suspended for thirty (30) days following the
adoption of this order.
Furthermore, the Commission imposes two (2) years of probation upon Bower to commence
upon reinstatement of his license and subject to the following terms and conditions of probation:
1. Bower shall comply with the Standards for Competent and Ethical
Performance of Oregon Educators under Oregon Administrative Rules
Chapter 584, Division O20.
2. Bower will continue to participate in any ongoing counseling / therapy as
recommended by his current provider. Within sixty (60) days of the signing
of this order, Bower will provide the Commission a letter from his provider
detailing any such recommendation. Upon the completion of Bower’s
probation period, Bower will include a summary of his treatment
participation in his request for termination of his probation.
Violation of any term or condition of probation shall constitute an independent basis for the
Commission to revoke Bower’s educator license or otherwise impose discipline, alter first providing
Bower with notice and opportunity for hearing.
A 1
IT rs so ORDERED this Ii day of figusjj 20lb_. ‘

TEACHER STAN DARDS AND PRACTICES COMMISSION
By: 2 22M hfli
Monica Beane, Executive Director
Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- DAVID ALLEN
BOWER

CERTIFICATE OF MAILING
1 I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension
1 and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail —
I Return Receipt Requested, addressed to:
David Allen Bower
413 Quail Dr.
Newberg, OR 97132-9150
DATED this way of August, 2016.
e If . ‘ . '
By: _ filly ‘\(I ' ' 1.111
w Sheldon
' vestigative Assistant
Certificate of Mailing — David Allen Bower
Data Classification Level: 1 - Published 1
DO: Sheldon