,‘ i
1 ' BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the Teaching License of
4 JAMES EDWARD SMITH ' STIPULATION OF FACTS, SUSPENSION,
AND ORDER OF PROBATION
5
6 On or about January 19, 2000, the Teacher Standards and Practices Commission
7 (Commission) issued a Notice of Opportunity for Hearing to James Edward Smith (Smith) in
8 which the Commission proposed to suspend or revoke his teaching license or otherwise impose
9 discipline under ORS 342,177. Smith was charged with using inappropriate language in the
10 presence of students and using physical force against a student. The Commission and Smith
11 have now reviewed the matters alleged and agree that their respective interests, together with the
12 public interest, are best served by a stipulation to certain facts, a 90-day suspension of his license
13 and placement on probation for a period of two (2) years. This agreement sets forth the facts
14 upon which the parties have agreed and the sanctions to be imposed. In entering into this
15 stipulation, Smith waives his right to a hearing to contest any of the findings set forth below‘
16 FINDINGS OF FACT
17 1. Smith holds a current basic teaching license valid until September 5, 2001i
18 2. During the 1995-96, 1996-97 and a portion of the 1997-98 school years, Smith
19 was employed as a teacher at Lost River Junior/Senior High School, Klamath County School
20 District (District).
21 3. On April 17, 1998 Principal Breckner issued a letter of reprimand to Smith for the
22 use of profanity in his classroom on or about April 8, 1998. He had previously been warned in
. , 23 ///
Page l - STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION
GMC/tjh/GEN48384DOC $521832: 802:3:er
. $332; 532.2335"

. 1 writing by Vice-President Duncan on January 28, 1998, for an incident of inappropriate language
2 in the presence of a student.
3 4. On August 24, 1998, Smith was placed on a Plan of Assistance. The plan
4 included required improvements in classroom management techniques,
5 5. On October l3, 1998, Smith responded to an incident of three students engaged in
6 physical horseplay in class. Smith told the students to quit and then in substance told one of the
7 students that he could demonstrate a way to get out the grasp of an individual if grabbed from
8 behind. Smith’s intent was to discourage the students from using a choke hold on one another.
9 The student grabbed Smith from behind and began choking Smith. In order to break free of the
10 student, Smith hit or grabbed the student in the groin. The student released Smith.
11 6. As a result of the incident described in Findings of Fact No. 5, Smith was
’ 12 suspended with pay beginning October 19, 1998.
13 7. In a letter dated October 20, 1998, from Greg Thede, personnel director, Smith
14 was advised that Thede was considering recommending Smith be dismissed as a probationary
15 teacher. Thede advised:
16 This consideration is based upon the above-described incident, which the District
considers, by itself, to be a very serious matter. It is also based upon the fact that
17 you are currently n a plan of assistance which is addressing two major
performance deficiencies, one of which relates to effective classroom
18 management. In other words, this consideration of dismissal is based upon what
appears to be a clearly documented inability on your part to manage your
19 classroom and the students.
20 The purpose of this letter is to inform you that the District’s administration will
recommend to the Board of Directors that you be dismissed as a probationary
21 teacher. The reason for this proposed dismissal will be your inability to
effectively mange your class room and the students.
22
‘ 23 ///
Page 2 - STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION
GMC/tJh/GEN483 84.DOC Department of Justice
l 162 Court Street NE
Salem, OR 97310
(503) 378-6003

' 1 8. Before the scheduled pre-dismissal hearing scheduled for November 19, 1998,
2 Smith and the District discussed and agreed upon the framework for a settlement agreement.
3 The agreement was executed in late November 1998, and provided for Smith‘s resignation on
4 November 30, 1998, with the payment of salary and benefits through December 31, 1998. The
5 agreement called for the District to advise prospective employers that Smith resigned for
6 “personal reasons.”
7 Smith enters into this Stipulation of Facts with the knowledge that TSPC will adopt an
8 Order requiring the suspension of his license, placing Smith on two years of probation and
9 imposing additional conditions while on probation. This stipulation is contingent upon the
10 approval and adoption of the Order by the Commission. If the Commission does not adopt this
11 Order, neither Smith nor the Commission are bound by these stipulations and he retains all rights
’ 12 to a hearing on the allegations.
13
14 IT IS SO STIPULATED:
15
16 g/Z 5d
Jam dward Smith Da e
17
l
8 QM @lli" r/afl 041
19 David V. Myton, Executive Director Date
Teacher Standards and Practices Commission
20
21 CONCLUSIONS OF LAW
22 1. On or about January 28, 1998, and on or about April 8, 1998, Smith violated OAR
. 23 584-020-0040(4)(n) when he used inappropriate language in the classroom.
Page 3 - STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION
GMC/tjh/GEN483 84.DOC Department of Justice
1l62 Court Street NE
Salem, OR 97310
(503) 378-6003

. 1 2. On or about October 13, 1998, Smith violated OAR 584-020-0040(4)(d) and (f)
2 when he exercised poor judgment and used unreasonable physical force against MH, a male
3 student.
4 OPINION
5 In consideration of the fact that Smith did not direct profanity at students and the student
6 with whom Smith engaged in unreasonable physical force did not sustain physical injury, the
7 Commission concludes the sanction of Embed and probation is appropriate. @
8 ' ORDER
9 The Commission suspends Smith’s license for a period of 90-days commencing
10 September 1, 2000. Smith will also be placed on probation for a period 0f two (2) years subject
1 1 to the following conditions:
. 12 1. Smith shall comply with all Commission requirement, including but not limited
13 to, those articulated in OR 584 chapter 2O — the standards for competent and ethical performance
14 by Oregon educators.
15 2. Smith will notify the Commission’s Executive Director of and employment as a
16 licensed teacher in this state or else where and any discipline or investigation occurring while
17 employed as a teacher and during the period of this probation.
18 3. Smith will provide to the Commission such information as requested to verify that
19 he has complied with the conditions of probation, including a statement from his employing
20 district that he has complied with the standards for competent and ethical performance.
21 Violation of any terms of probation shall constitute a basis for the Commission to revoke
22 Smith’s license, alter first providing to Smith notice and an opportunity.
. 23 ///
Page 4 - STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION
GMC/tjh/GEN483 84.DOC piggncnotzgt giggle;
$222‘; $582331"

s"- ' "
iv
. 1 DATED this M day of ggéd: 2000.
2 TEACHER STANDARDS AND PRACTICES COMMISSION
3
4 By:
David V. Myton, Executive Director
5
6 Approved as to form:
7
s '3 r? - <70
o Bishop Date
9 tt rney for James Edward Smith _
10
11 M4) Mp
Gary C Co dy Date
. 12 Attorney for TSPC
13
14
15
16
17
18
19
20
21
22
o 23
Page 5 — STIPULATION OF FACTS, SUSPENSION, AND ORDER OF PROBATION
GMC/ljl'l/GEN483 84,DOC Department of Justice
1162 Court Street N1".
Salem, OR 97310
(503) 3784003