07/27/0o 11:49 FAX 15413440870 K1nko's_Eugene_0R @002 1 , l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISiSION 2 OF THE STATE OF OREGON ; 3 In the Matter of the Teaching License of ) i ) SURRENDER 0F TEACHIiNG 4 GERALD LEE WALTERS ) LICENSE, STIPULATION |AND ) ORDER l 5 l 6 On November 22, 1999, Teacher Standards and Practices Commission (Ciommission) 7 issued a Notice of Opportunity for Hearing to Gerald Lee Walters in which the (1‘0mmission 8 proposed to suspend or revoke the teaching license of Mr. Walters or otherwise irupose 9 discipline under ORS 342.177, based on the alleged misconduct identified in theiNotice. Mr. | 10 Walters requested a hearing through his attorney, Thomas Doyle, on November 350, 1999. The ll Commission and Mr. Walters have now reviewed the matters alleged in the Notiice and have 12 agreed that their respective interests together with the public interest are best seri/ed by a l g 3 surrender of Mr. Walters’ teaching license and a stipulation to certain facts. Meralters I 14 continues to deny wrongdoing. However, he stipulates that there are suflicient filacts in the 15 record to support the factual findings set forth below, and he acknowledges and honsents to the 16 Commission making these findings. ln entering this stipulation, Mr. Walters wdiives his right 17 to a hearing and understands that the Commission will adopt the findings of facti, accept the I 18 surrender of his teaching license and revoke his teaching license. 19 FINDINGS OF FACT % 20 1. Mr. Walters holds a Standard Oregon Teaching License. He has |held a teaching 21 license in Oregon since July 1976. He was employed as a teacher by the Euge Ie School n‘ 22 District from August 1976 until August 1999 when he resigned his position with the district. 23 2. As a school employee, Mr. Walters had a mandatory duty to malie a report to i 24 the State Office for Services to Children and Families or to a law enforcement aifency if Mr. 25 Walters had reasonable cause to believe child abuse had occurred, including sexual contact 26 between an adult and a person under 18 years of age. i i Page 1 - SURRENDER OF TEACHING LICENSE, STIPULATION AND ORDILR F:\tklil\ldp\WaltemStipOtd.de l 07/27/0c 11:49 FAX 15413440870 Kinko'sjugeneLOR @003 1 1 y ' ' . l 3. During the winter and summer of 1997, Mr. Walters lived with an!adult male 2 roorrn'nate. In February 1997 and again in July 1997, the roommate had physical ‘sexual 3 contact with a 15-year old male student. The July sexual contact occurred at the iesidence of 4 the roommate and Mr. Walters. i 5 4. The Commission finds that in July 1997, Mr. Walters became aw+9 that 6 sexual contact had occurred between the roommate and the student. Mr. Walters idenies that he 7 knew of this sexual contact at that time. i 8 5. The Commission finds that Mr. Walters failed to report this inforrilation to the 9 State Office for Services to Children and Families or to a law enforcement agenciy. Mr. 10 Walters denies any wrongdoing because he did not know of the sexual contact. i ll 6. During the summer of 1997, Mr. Walters began a correspondence: through email 12 with a 13-year old student. i 13 7. During these email exchanges, Mr. Walters and the young man disclosed to one ~ 14 another that each of them was gay. i 15 8. In the fall of 1997, Mr. Walters and the student met in person folljbwing a l6 dramatic production of “The Rocky Horror Show" at a Eugene theater. i l7 9. In the fall of 1998, the student, who was then age 14, successfullyil auditioned 18 for a small part in a new production of the play. i l9 10. On about November 7, 1998, Mr. Walters and the student attendefd a party at the 20 house of a cast member following a production of the play. i 21 11. The Commission finds that during the party, Mt. Walters had sexéual contact 22 with the student by kissing him on the mouth and by touching his back, waist arid penis 23 outside his clothing. Mr. Walters denies these allegations. ‘ 24 12. Afler leaving the party, Mr. Walters, the student and several other people shared 25 a car ride home. The Commission finds that, during the ride, Mr. Walters had slcxual contact . 26 ' i l Page 2 - SURRENDER OF TEACHING LICENSE, STIPULATION AND ORDER F:\lk%i\ldp\w.lhfs\slipofl.wpd 07/27/051 11:50 FAX 15413440870 Kinko'sjugenema I004 i » c o . 1 with the student by placing his hands inside the student’s trousers and touching tlile student’s 2 penis. Mr. Walters denies these allegations. i 3 13. In support of Mr. Walters’ denial of the above allegations, Mr. Wzilters points to 4 witnesses who were present during the alleged incidents but who did not see‘ any iiiexual 5 contact. Mr. Walters also denies wrongdoing as to the other allegations. i i 6 7 gill-Liaise gr 271w l - 8 Gerald Lee Walters Da e i 9 Mk’ fl>rl””_ _ Ti _ David V, Myt Date g 10 Executive Director i 11 CONCLUSIONS OF LAW I 12 1. Mr. Walters failed to report an incident of child abuse in violatiori of ORS 13 4l9B.010 when he had reasonable cause to believe that sexual contact had occmied between a ‘ 14 15-year old student and Mr. Walters’ roommate. This action constitutes gross niaglect of duty 15 in violation of OAR 584-020-0040(4)(o) and gross unfitness under OAR 584-02L)-0040(S)(e). 16 2. Mr. Walters had sexual contact with a 14-year old student. This j 17 action constitutes gross neglect of duty in violation cf OAR 584-020-0040(4)(i)i 18 Based on the foregoing, the Commission accepts the surrender of the tealiming license 19 of Gerald Lee Walters and revokes Mr. Walters’ teaching license. i 20 IT IS SO ORDERED this Kitty of iii; 2000. . 21 TEACHER STANDARDS AND PRACTICES Ci)MMIS SION 22 . i 24 David V. Myton, Exec tive Director i 25 i . 26 i Page 3 - SURRENDER OF TEACHING LICENSE, STIPULATION AND 0RDiFR FNTmldealtemStipOrdwpd g