RFOPn/ED 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSIONJAN 2 2 3}}2 2 OF THE STATE OF OREGON and giggiiegégfirtHQ 3 4 In the Matter of the ) STIPULATION OF FACTS, 5 Teaching License of ) ORDER OF REPRIMAND t; RICHARD LANCE WADDELL g AND PROBATION 8 On or about August 17, 2001, the Teacher Standards and Practices Commission 9 (Commission) received a report from Brock Henderson, a licensed educator, indicating 10 that the Richard Lance Waddell (Waddell) slapped a student forcefully on side of his 11 football helmet while serving as a substitute teacher and coach at Chemawa Indian 12 School on November 2, 2000. The records indicate that the incident was investigated by 13 Bureau of Indian Affairs Law Enforcement. No criminal charges were filed in this 14 matter. 15 Mr. Waddell fully cooperated with the Commission's investigation. After review of 16 the matters alleged, Mr. Waddell and the Commission agree that their respective 17 interests, together with the public interest, are best served by a stipulation to certain 18 facts and the imposition of a Public Reprimand, followed by a period of probation of two 19 (2) years. This Order sets forth the facts upon which the parties have agreed and the 20 sanction to be imposed. In entering into this stipulation, Mr. Waddell waives the right to 21 a hearing to contest the findings of fact, conclusion of law and order set forth below. 22 STIPULATION OF FACTS 23 1. Mr. Waddell holds a Standard Oregon Teaching License with Standard 24 Physical Education and Standard Health Education Endorsements valid until September 25 29, 2006. There are no prior complaints on file with the Commission. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - WADDELL 1 2. Mr. Waddell is currently employed by Chemawa Indian School. Prior to his ' 2 employment with Chemawa Indian School, he served as a classroom teacher for 3 twenty-two years in the South Umpqua School District. There are no prior or 4 subsequent unreasonable physical force incidents documented in his personnel files. 5 3. On or about October 30, 2000, Mr. Waddell became angry when he heard a I 6 student using profanity prior to the start of a football game. When the student did not 1 7 respond to Mr. Waddell’s verbal cues to stop using profanity, Mr. Waddell slapped the , 8 top, left front of the students helmet. Mr. Waddell immediately apologized to the 9 student. Mr. Waddell also immediately reported the incident to administration and 1O personally explained the situation to the parent of the student. 11 4. Mr. Waddell accepts responsibility for his behavior and acknowledges his 12 behavior was inappropriate. .13 This stipulation is contingent upon approval and adoption of the Order by the 14 Commission. If the Commission does not adopt this Order, neither Mr. Waddell nor the 15 Commission are bound by these Stipulations and Mr. Waddell retains all rights to a 16 hearing on the allegations. . 17 lT IS SO STIPULATED: 18 19 g QQMJZZM 11/7 [0L 20 Richard Waddell Date 21 t 22 [QM/“$1412 gLL/ 1/7”} 23 David V. Myton, Execut' e Director Date 24 Teacher Standards and Practices Commission O . , Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - WADDELL 1 CONCLUSION 0F LAW . 2 Mr. Waddell’ s physical contact on or about October 30, 2000, with the student 3 was unreasonable and violated OAR 584-020-0040(4)(d). 4 ORDER 5 The Commission imposes a Public Reprimand on Mr. Waddell. This Stipulation 6 of Facts, Order and Probation constitutes the Reprimand. Furthermore, the 7 Commission imposes a two (2) year probation upon Mr. Waddell subject to the following 8 condition: 9 1. Mr. Waddell shall comply with all Standards for Competent and Ethical 10 Performance under Chapter OAR 584,-Division 020. 11 Violation of this probation may constitute an independent basis for the 12 Commission to impose discipline, up to and including revocation of Mr. Waddell’s '13 teaching license subject Mr. Waddell’s right to a hearing on the issue of whether he 14 violated probation. 15 Dated this i day of mom. 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 p l g I 18 By: WM LIV- I 19 David V.Myton, Executiv Director 20 Approved as to form: I 21 22 2M flit‘. M 23 Aruna Masih, OSB #97324 3% Attorney for Richard Waddell [010702] O Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - WADDELL