‘ ,
1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS AND
4 Educator License 0f ) FINAL ORDER OF REPRIMAN D
5 JOHN MICHAEL DAVIS ) AND PROBATION
g On October 14, 2014, the Teacher Standards and Practices Commission
8 (Commission) received an application for the renewal of John Michael Davis’ (Davis)
9 educator license. Davis affirmatively answered two application character questions
1 0 resulting in his application being referred to Professional Standards for review and
1 1 subsequent investigation.
12 After review of the matters alleged, Davis and the Commission agree that their
13 respective interests, together with the public interest, are best served by a stipulation to
14 certain facts and the imposition of a public reprimand.
15 By signing below, Davis acknowledges, understands, stipulates, and agrees to the
16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
17 findings of fact, conclusions of law, and order set forth below, and fully and finally
18 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
19 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii)
20 this Stipulation and Final Order is a public document and disclosed to the public upon
21 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
22 subject to approval and adoption by the Commission. If the Commission does not
23 approve and adopt this Stipulation and Final Order, then neither Davis nor the
24 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and
25 Final Order, and understands it completely; (v) he voluntarily, without any force or
26 duress, enters into this Stipulation and Final Order and consents t0 issuance and entry of
27 the Stipulated Final Order below; (vi) he states that no promise or representation has
28 been made to induce him t0 sign this Stipulation and Final Order; and (vii) he has
29 consulted m'th an attorney regarding this Stipulation and Final Order and has been fully
30 advised with regard t0 his rights thereto, or waives any and all rights to consult with an
31 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
32 the Stipulated Final Order below.
33 STIPULATION OF FACTS
34 1. John Michael Davis has been licensed by the Commission since October 27, 2000.
35 Davis’ Initial II Teaching License, with endorsements in Multiple Subjects (MIDLVL),
36 Social Studies (HS, ML), and Spanish (HS, ML); is valid from October 28, 2010, through
Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND WITH PROBATION- JOHN
MICHAEL DAVIS
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' a
1 October 18, 2014. 0n October 14, 2014, Davis made timely application for the renewal of
2 his license. The expiration of Davis’ license was pended while an investigation could be
3 completed regarding affirrnative answers to the Character Question portion of Davis’
4 application. During all relevant times, Davis was employed by the Eugene School
5 District.
6 2. On October 14, 2014, TSPC received Davis’ application for the renewal of his educator
7 license. Davis answered affirmatively to questions three and seven of the character '
8 question portion of the application, indicating Davis had been placed on leave by his
9 employer for alleged misconduct, and that Davis had been disciplined by a public agency
1O related to educational licensure. As required, Davis provided written explanation of his
1 1 affirmative answers. Davis’ explanations prompted an investigation by the Commission.
12 3. Investigation determined that during the 2012—2013 school year, Davis engaged in a
13 series of inappropriate student interactions:
14 a. Davis deliberately and repeatedly mispronounced the Spanish word “pagina” to
15 rhyme with “vagina” in class.
16 b. Davis made comments about female students’ clothing and failure to adhere t0
17 the school dress code, which made those students feel uncomfortable.
1 8 4. Davis independently and promptly sought counseling and treatment related to the
19 alleged conduct.
20
21 IT IS SO STIPULATED:
24 John avis Date
25 ~
26 \mM é 43 42
27 ctoria Chamber] 'n, Executive Director Date
28 Teacher Standards and Practices Commission
29
30
31 CONCLUSION OF LAW
32 John Michael Davis violated professional standards as described above. This
33 conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-
34 o2o-004o(4)(n) as it incorporates OAR 584—020-0010(1) (Recognize the worth and
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND WITH PROBATION- JOHN
MICHAEL DAVIS

1 dignity of all persons and respect for each individual), OAR 584-020-0010(5) (Use
2 professional judgment), OAR 584-020‘0025(2)(e) (Using district lawful and
3 reasonable rules and regulations), OAR 584—020-oo30(2)(b) (Skill in communicating
4 with administrators, students, stafi, parents, and other patrons), and (OAR 584-020-
5 0040(4)(o) as is incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate
6 adult boundaries with students in conduct and conversation at all times).
7 The Commission’s authority to impose discipline in this matter is based upon
8 ORS 342.175.
9 / / /
1 O ORDER
1 1 Based on the foregoing, the Commission hereby orders as follows:
12 The Commission adopts and incorporates herein the above findings of fact and
13 conclusions of law, and based thereon, imposes a Public Reprimand on John Michael
14 Davis’ Educator License.
15 Furthermore, the Commission imposes four (4) years of probation upon Davis to
1 6 commence upon finalization of this order subject to the following terms and conditions
17 of probation:
18 1. Davis shall comply with the Standards for Competent and Ethical
19 Performance of Oregon Educators under Oregon Administrative Rules
20 Chapter 584, Division 020.
21 2. Within the first year of probation, Davis will successfully complete the
22 National Association of State Directors of Teacher Education and
23 Certification (NASDTEC) course titled “Prevention and Correction”. Davis
24 will supply written proof of such compliance to the Commission within
25 the first year of his probation period.
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND WITH PROBATION— JOHN
MICHAEL DAVIS

1 3. Davis will continue to comply with any recommended, ongoing treatment
2 related to his alleged conduct.
3 Violation of any term or condition of probation shall constitute an independent basis for
4 the Commission to revoke Davis‘ educator license or otherwise impose discipline, after
5 first providing Davis with notice and opportunity for hearing.
6 .
a M 1
7 Issued and dated this £2 day of , 20 /Q.
. 8
9 TEACHER STANDARDS AND PRACTICES COMMISSION
1O STATE OF GON
1 1 6M
12 B M 4M1)
13 lctoria Charn erl ' Executive Director
Page 4 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND WITH PROBATION- JOHN
MICHAEL DAVIS

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand and
Probation, certified by me as such, by mailing US. First Class Mail and U.S. Certified Mail — Return
Receipt Requested, addressed to:
John Michael Davis
3155 Crocker Rd
Eugene, OR 974044656
DATED this (2% day of July, 2016.
BYI W
Pa Sheldon
Investigative Assistant
Certificate of Mailing i JOHN MICHAEL DAVIS
Data Classification Level: I 4 Published
DO: Sheldon