1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
. OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS,
4 Licensure of ) FINAL ORDER OF REPRIMAND
5 FREDERICK “CHIP” ALBERT WAFER ) AND PROBATION
6 On September 7, 2006, the Teacher Standards and Practices Commission
7 (Commission) issued a Notice of Opportunity for Hearing to Frederick “Chip” Albert Wafer
8 (Wafer) in which the Commission charged him with misconduct under ORS 342.175. On
9 September 12, 2006, Mr. Wafer requested a hearing.
1O After review of the matters alleged, Mr. Wafer and the Commission agree that their
11 respective interests, together with the public interest, are best served by a stipulation to certain
12 facts and the imposition of a Public Reprimand and one (1) year probation.
13 This document sets forth the facts upon which the parties have agreed and the
14 stipulated sanction to be imposed. Mr. Wafer stipulates that there is sufficient evidence in the
' Commission‘s files and records to support the ﬁndings of fact, conclusions of law, and order set
16 forth below.
17 By signing below, Mr. Wafer acknowledges, understands, stipulates, and agrees to the
18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
20 such rights and any rights to appeal or othenlvise challenge this Stipulation of Facts, Final Order
21 of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is
22 a public document and disclosed to the public upon request by the Commission; (iii) this
23 Stipulation and Final Order is contingent upon and subject to approval and adoption by the
24 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
25 then neither Mr. Wafer nor the Commission are bound by the terms herein; (iv) he has fully read
26 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any
. force or duress, enters into this Stipulation and Final Order and consents to issuance and entry
28 of the Stipulated Final Order below; (vi) he states that no promises or representation has been I
Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION —WAFER

1 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
. attorney regarding this Stipulation and Final Order and has been fully advised with regard to his
3 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this
4 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
5 STIPULATION OF FACTS
6 1. On April 28, 2005, the Commission adopted a Stipulation of Facts, Order of
7 Suspension and Probation suspending Mr. Wafer’s Iicensure for a period of 30 days effective on
8 April 28, 2005.
9 2t Mr. Wafer applied for a 2005 summer school position as a licensed teacher for the
10 Klamath Falls City Schools. Mr. Wafer mistakenly assumed that, because the 30-day
11 suspension period began on April 28, 2005, his license would be automatically be effective by
12 May 28, 2005, plenty of time before the June 27, 2005 start of summer school.
13 3. Upon realizing that he had to apply for reinstatement of his license following the
' suspension period, Mr. Wafer submitted a complete application for reinstatement of his
15 suspended teaching license to the Commission. The Commission received that application on
16 June 27, 2005, the same day summer school was to begin. He taught without pay from June 27
17 through July 14.
18 IT IS SO STIPULATED: /
19 W gag: 741097
20 Fre e |ck Albert Wafer ll
21
22 WM 57/6 14¢
23 ictoria Cha ' , Executive Director Date
24 Teacher Standards and Practices Commission
25 ///
26 /// .
27 ///
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29 l/l
Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION —WAFER

1 CONCLUSION OF LAW
‘ Frederick "Chip" Albert Wafer knowingly served without proper Iicensure in violation of
3 OAR 584-020-0040(4)(c), OAR 584-050-0030(2) and OAR 584-050-0030(3). This conduct
4 constitutes Gross Neglect of Duty. The Commission has the authority to impose discipline in
5 this matter under ORS 342.120 through 342.430 and OAR Chapter 584.
6 FINAL ORDER
7 The Commission hereby adopts and incorporates herein the above findings of fact and I
8 conclusion of law and based thereon hereby imposes a Public Reprimand on Frederick "Chip"
9 Wafer. This Stipulation of Facts, Order and Probation constitute the Reprimand.
1O Furthermore, the Commission imposes a one (1) year probation upon Mr. Wafer
1 1 requiring that Mr. Wafer comply with all Standards for Competent and Ethical Performance
12 under Oregon Administrative Rules, Chapter 584, Division 020.
13 Violation of the terms of this probation may constitute an independent basis for
. the Commission to impose discipline, up to and including revocation of Mr. Water's
15 Iicensure subject to Mr. Wafers right to a hearing on the issue of whether he violated
16 probation.
17 Mr. Wafer has filed a Tort Claim Notice concerning the Vacated Default Order
18 and the suspension that was imposed therein. As a result of this agreement, Mr. Wafer
19 agrees to withdraw the Tort Claim Notice, and releases the Teachers Standards and
20 Practices Commission from liability that may result from any claim surrounding the
21 events of this case.
é ﬁt
22 Issued and dated this __ day of August, 2007.
23 TEACHER STANDARDS AND PRACTICES COMMISSION
24 STATE OF REGON
25 Z g 2%
By:
€ ictoria Ch , xecutive Director
Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION —WAFER

1
2 Approved as to form:
4 {12' ._-‘ _ w "*1
5 Elizabeﬂt A. offe,'@ :1‘:ng /
6 Attorney c Frederick “Chip Alert Wafer [053007]
7
Page 4 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION —WAFER