1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF TH E STATE OF OREGON 3 ln the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL 0RD ER OF REPRIMAN D 5 RICK D UANE \NARD ) 2 On or about December 14, 2016. the Teacher Standards and Practices 8 Commission (Commission) received a report from the Salem Keizer School District 9 alleging professional misconduct on the part otlieensed educator, Rick Duane Ward 1G (Ward). 1 1 After review of the matters alleged, Ward and the Commission agree that their 12 respective interests, together nith the public interest, are best served by a stipulation to 13 certain facts and the imposition oft) Public Repriniand. 14 This Order sets forth the facts upon which the parties have agreed and the 15 sanction to be imposed. Ward stipulates that there are sufficient facts contained in the 16 Commission's tiles and records to support the findings of fact and conclusions ot'law set 17 forth below. In entering into this stipulation, Ward waives the right to a hearing, to 18 contest the findings of tact. conclusions ot'law and order set forth belo“. 19 By signing, below, Ward acknowledges, understands, stipulates, and agrees to the 20 iollom'ng: (i) he has been fully advised of his rights to notice and a hearing to contest the 21 findings of tact, conclusions of law, and order set forth below, and fully and finally 22 \YZIiY'GS all such rights and any rights to appeal or otherwise challenge this Stipulation of 23 Facts and Final Order of Reprimand (Stipulation and Final Order): (ii) this Stipulation 24 and Final Order is aipublic document and disclosed to the public upon request h) the 25 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 26 approval and adoption by the Commission. If the Commission does not approve and 27 adopt this Stipulation and Final Order, then neither \Vard nor the Commission are 28 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 29 understands it completely; (Y) he voluntarily, without an)‘ force or duress, enters into 30 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 31 Final Order below; (vi) he states that no promise or representation has been made to 32 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 33 attorney regarding this Stipulation and Final Order and has been fully advised with 34 regard to his rights thereto, or waives an) and all rights to consult with an attorney prior Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND’ RICK DUANE \NARD 1 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 2 Final Order below. 3 STIPULATION OF FACTS 4 1. The Commission has licensed Ward since J anuai'y 26, 1987. Wards Standard 5 Teaching License, with endorsements in Standard Health Education (018) and 6 Standard Physical Education (018), is \‘alid from April 6, 2014, through April 5, 7 2019. During all relevant times. Ward was employed by the Salem Kei/cr School 8 District. 9 2. On December t4, 2016. the Commission received a report from the Salem lici/er 1O School District indicating Ward may have committed an act 0f gross neglect of 1 1 duty and / or gross unfitness; specifically, that Ward was subject‘ to an 12 investigation involving, the violation oi the district policy on search and seizure 13 3v During an in\ estigation into a series otalleged thefts in the boy's gym locker area. 14 Ward disclosed to school otlticials that he had conducted searches of student gym 15 lockers and belongings for drugs and weapons. \Yzi rd explained that he had iound 16 such contraband in the past as a result of his searches. Ward also admitted that. 17 0n several occasions, he disposed of the contraband he found in the garbage. 18 4. School officials determined Wards conduct was in violation of district search and 19 seizure policy In addition, school oilicials determined that Ward failed to folio“ 20 student discipline policy upon discovery of the contraband; and tailed to tollou 21 I district policy by not reporting the discovery of contraband to administrators. 22 and by disposing of drugs and weapons in the garbage. On November 22. 2016‘ 23 school officials issued Ward a written reprimand and suspended him one day 24 i\'ithont pay. 25 26 IT IS SO STIPL'L'\TEDI a 44 Qwic Ma 29 Ric Duane War Date it’ ET gt OM W4 Zeg'lwc 32 Trent Dan wski, Co-lnterim Executive Director Date 33 Teacher Standards and Practices Commission 34 35 36 Page 2 STiPULATiON OF FACTS AND ORDER OF REPR!MAND-~ RICK DUANE WARD 1 CONCLUSION OF LAVV 2 'l'hi‘ conduct (lustrlhcd above constitutes gross neglect of duty in violation of ORS 3 342.175t1)(b); OAR 584—020-0040(4)(n) as it incorporates OAR 584-020-0010ti) 4 (Recognize the worth and dignity ofall persons and respect for each individual), OAR 5 584-020~001()(5) (Useprojéssionaljudgment), OAR 584~020—0025(2)(0) (Using 6 district laugfiil and reasonable rules and regulations). and OAR 584-020-0030(2)(h) 7 (Skill in communicating with administrators, students} stafl, parents, and other 8 patrons). 9 Tho funniilwionk nuihorii} in imposv thuciplinv in thi> mum-r i\ hwml upon 1O ORS 3421175. 1 1 ORDER 12 The Commission adopts and incorporates horcin the above findings of fact and 13 conclusions of law, and based thereon. imposes a Public Repriinand on Rick Duane 14 Ward's Oregon educator license. 15 16 17 Issued and dated this flifll day of November, 2017. 1 8 TEACHER STANDARDS AND PRACTICES COMMISSION 19 STATE OF OREGON 20 t v $51’ Q 21 b} f‘ M a ,WWWWH W 22 Trent Dunowski. Co~lntcrim Executive Diroctor Page 3 STlPULATlQN OF FACTS AND ORDER OF REPRIMAND‘ RICK DUANE WARD