SEP. 17. 1997 3: 52PM NO. 525 F’. 2/4
l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STlPULATION AND SUSPENDED 3
4 Teaching License of ) ORDER OF REVOCATION
g BRENT ARTHUR MC CLAlN g
7 0n June 18, 1997, the Teacher Standards and Practices Commission received an application
8 for renewal cf a Standard Teaching License endorsed for Advanced Mathematicl from Brent Arthur
9 McClain. Mr. McClain answered "yes" to the character question regarding entering a plea of "no
10 contest." McClain submitted an explanation with his application. However, based upon police reports
ll obtained by TSPC, the Executive Secretary concluded that there was suificient evidence to deny
12 licensure and notified Mr. McClain by letter, dated August 4, 1997, and informed him of his
13 opportunity for hearing. Mr. McClain requested a hearing. Afier a review of the matters alleged,
l4 the parties have agremil that their respective interests, together with the publictinterest are best served
15 by a stipulation to certain facts, an Order of Revocation that will not be imposed if Mr. McClain meets
16 certain conditions, and an Order of Probation. This agreement sets forth the facts upon which the
17 parties have agreed, the sanction to be imposed and the Commission‘s Order.
< ’ l8 STIPULATED FACTS
19 The Commission and Brent Arthur McClain stipulate to the following facts, and the
20 Commission makes the following findings of fact:
21 l. Mr. McClain holds a Standard Teaching License endorsed 1n advanced mathematics.
22 He has held an Oregon Teaching License since .hme 1988.
23 2. Mr. McClain was employed by Beaverton School District in July 1996 when he was
24 convicted in Michigan’s 58th Judicial District for Disorderly Person--Window Peeper, a misdemeanon
25 3. Mr. McClain is nationally recognized as an outstanding mathematics teacher and
26 teacher educator and has an outstanding record as an educator in the Beaverbon School District and the
27 State.
28 4. Mr. McClain acknowledges that by entering this stipulation the Commission will adopt
29 a suspended order of revocation and probation as set forth below.
30 This Stipulation is contingent upon approval and adoption of the Order by the Commission. 1f
31 the Commission does not adopt this Order, neither Mr. McClain nor the Commission are bound by
32 these stipulations and Mr. McClain retains all rights to a hearing on the allegations.
PAGE 1-PROPOSED STIPULATION AND 0RDER--BRENT ARTHUR MC CLAIN

SEF'.17.1997 3:52PM “0-525 P-3/4 '
. l IT IS SO STIPULATED:
2 M _@L/is/_u_____
3 Brent Arthur McClain Date
r
4 Z [QM =Z 22% @QéD /0 431% _
5 David V. Myton, Executive Secre Date
6 Teacher Standards and Practices Commission
7 CONCLUSIONS OF LAW
8 Although Mr. McClain disputes that his behavior‘ on July 9, 1996 in Ottawa County, Michigan,
9 constitutes gross unfitness to be a teacher in Oregon, the Commission finds that conviction for
lO disorderly person~~window peeper, a misdemeanor, is evidence of gross unfitness in violation of OAR
l l 584-20-040(5).
12 OPINION
l3 Although Mr. McClain‘s actions occurred outside of school hours and off school premises, the
‘ l4 Commission believes the nature of his offense, as stipulated above, is relevant to fitness to serve as a
15 teacher. Mr. McClain’s outstanding teaching record and his potential future contributions to the
16 profession are taken into account in adopting this order with suspended revocation of his license. Ti'lllS
17 order will provide an opportunity for Mr. McClain to seek treauncnt for his sexual disorder and to
18 document his fitness as a teacher during a period of probation. ‘
l9 ORDER
2i) Based on the above findings and conclusions, the Commission orders that the teaching license
21 of Brent Arthur McClain he revoked and that such revocation shall become effective on June 30,
22 l998. However, the Order of Revocation shall not take effect if Mr. McClain meets the following
23 conditions:
24 1) McClain shall obtain a psychological evaluation at his own expense. The evaluation shall
25 specify the treatment recommended for any sexual disorder(s) identified by the evaluation. If the
26 Executive Secretary disagrees with the evaluation, TSPC may require a second evaluation by a
27 psychologist of the Executive Secretary’s choice and at McClain’s expense.
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SEP.17.1997 3: 53PM N0. 525 P. 4/4
l 2) Mr. McClain shall successfully complete a treatment program as recommended by the
2 psychologist who completes the evaluation. The treatment provider shall be selected by Mr. McClaiii
3 after receiving prior approval by the Executive Secretary. ‘
. 4 3) The treatment provider shall submit written evidence to the Executive Secretary on or

5 before April 1, 1998, stating that Mr. McClain has undergone and successfully completed treatment or

6 is currently engaged in and is committed to a program of treatment, for a sexual disorder-(s) and in the

7 professional opinion of the treatment provider, there is a high probability that Mr. McClain will not 3

8 engage in the future in sexually inappropriate or sexually illegal acts, including acts of voyeurism.

9 4) Mr. McClain shall give consent to the treatment provider to report orally and in writing on
10 his treatment to the Executive Secretary and shall consent that the Executive Secretary may speak with
ll the treatment provider concerning Mr. McClain‘s compliance and progress in the treatment program.
12 If Mr. McClain meets the above requirements, the Commission shall withdraw the Order of
13 Revocation and allow Mr. McClain’s teaching license to remain in effect, subject to a period of
l4 probation of three years beginning June 30, 1998. The probation shall be subject to the conditions
15 that Mr. McClain shall comply with any directives or recommendations of this treatment provider, that
16 he shall not engage in any illegal conduct, and that he shall comply with all Standards for Competent‘.
l7 and Ethical Performance of Oregon Educators under OAR 584, Division 20.

18 Violation of any terms of McClain's probation shall constitute a basis for the Commission to
19 charge McClain with further violation of the Standards for Competent and Ethical Performance of
. 20 Oregon Educators, after first providing McClain notice of opportunity for hearing on the issue of
21 whether he violated his probation.
22 Dated this 1% day of M, 1997.
23 TEACHER STANDARDS AND PRACTICES COMMISSION
24 By: é iZZ/ZX/ (V) Z‘ %4@
25 David V. Myton, Executive Seer
26 APPROVED AS "r0 FORM:
27 Z%§=Z 74/?!77‘
28 Sean A. L l
29 Attorney for Brent Arthur McClain
Q
PAGE 3-PROPOSED STIPULATION AND ORDER-BRENT ARTHUR MC CLAIN

.1 CERTIFICATE OF MAILING

2 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me as

3 such by U.S. Certified Mail with Return Receipt Requested to attorney for Brent Arthur Mcclain:

4 SEAN LYELL

5 BENNETT, HARTMAN, REYNOLDS & WISER

6 851 SW 6TH SUITE 1600

7 PORTLAND OR 97204-1376

8 Dated thing/i day of My, 1997.

9 B . . 004-)

10 C lene A. Smith

ll Secretary to the Commission

PAGE 4--PROPOSED STIPULATION AND ORDER--BRENT ARTHUR MC CLAlN