i BEFORE THE TEACHIS STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS AND

4 Educator License of ) FINAL ORDER OF REPRIMAN D

5 JOHN PATRICK MORAN ) AND PROBATION

(73 On or about June 7, 2016, the Teacher Standards and Practices Commission

8 (Commission) received a report from the SKSD indicating John Patrick Moran (Moran)

9 may have committed an act of gross neglect of duty and/or gross unfitness.
10 After review of the matters alleged, Moran and the Commission agree that their
1 1 respective interests, together with the public interest, are best served by a stipulation to
12 certain facts, the imposition of a Public Reprimand, and a period of probation.
1 3 This Order sets forth the facts upon which the parties have agreed and the
14 sanction to be imposed. Moran stipulates that there are suffieient facts contained in the
1 5 Commission’s files and records to support the findings of fact and conclusions of law set
16 forth below. In entering into this stipulation, Moran waives the right to a hearing to
17 contest the findings of fact, conclusions of law and order set forth below.
18 By signing below, Moran acknowledges, understands, stipulates, and agrees to
19 the following: (i) he has been fully advised of his rights to notice and a hearing to contest
20 the findings of fact, conclusions of law, and order set forth below, and fully and finally
21 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
22 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii)
23 this Stipulation and Final Order is a public document and disclosed to the public upon
24 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
25 subject to approval and adoption by the Commission. If the Commission does not
26 approve and adopt this Stipulation and Final Order, then neither Moran nor the
27 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and
28 Final Order, and understands it completely; (v) he voluntarily, without any force or
29 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
30 the Stipulated Fina] Order below; (vi) he states that no promise or representation has
31 been made to induce him to sign this Stipulation and Final Order; and (vii) he has
32 consulted with an attorney regarding this Stipulation and Final Order and has been fully
33 advised with regard to his rights thereto, or waives any and all rights to consult with an
34 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
35 the Stipulated Final Order below.

aaog'gAiNSTIPULATION OF FACTS AND ORDER 0F REPRIMAND wnH PROBATION - JOHN PATRICK

1 S'I'IPULATION OF FACTS
2 1. The Commission has licensed Moran since October 23, 1992. Moran's Standard
3 Teaching License, with an endorsement in Basic Elementary (016), is valid from
4 December 30, 2012, through December 29, 2017. During all relevant times,
5 Moran was employed by the Salem Keizer School District (SKSD).
6 2. On June 7, 2016, the Commission received a report fiom the SKSD indicating
7 Moran may have committed an act of gross neglect of duty and/or gross
8 unfitness. Specifically, Moran engaged in unwelcome physical contact and/or
9 inappropriate comments with a female employee in violation of sexual
1 0 harassment policy.
1 1 3. Investigation determined that during the 2015-2016 school year, Moran
12 occasionally subjected a coworker to unwanted physical contact and
1 3 inappropriate conversations. Moran’s coworker described times when Moran
14 would encourage her t0 sit next to him at meetings and then would whisper to her
1 5 inappropriate comments. She stated that on two occasions Moran touched her on
16 the thigh area in a manner that made her feel uncomfortable. The coworker asked
17 Moran to stop his behavior, and Moran would for a while but then resume his
18 conduct at a later date. Additionally, Moran sent her unwanted emails and text
19 messages. In these messages Moran stated things similar to; “You are hot in a
20 cowboy hat”, “You smell delicious”, “I love you.” and “You are HOT”. 0n April
21 28, 2016, the coworker emailed Moran and informed him that his behavior had
22 crossed over a line and needed to stop or she would have to notify her supervisor.
23 Moran stopped his behavior and later explained that he had only been “clowning
24 around”, that the messages were “A bad joke”, and that Moran’s intention was
25 only teasing in nature. School officials determined Moran’s conduct violated local
26 policy and issued Moran a letter 0f Warning and transferred him to another
27 buildirg.
28
2? IT IS SO STIPULATED:
2? fl f. 3%,: % 2/ 2017
32 ohn Patrick Moran t Da
ii’ $312 OW YAMQQo/j
35 Trent Danowski. Co-Interim Executive Director Date
36 Teacher Standards and Practices Commission
aaoglgiNSTlPULATION OF FACTS AND ORDER OF REPRIMAND WITH PROBATlON — JOHN PATRICK

1
2 CONCLUSION OF LAW
3 The conduct described above constitutes gross neglect of duty in violation of ORS
4 342.175(1)(b); OAR 584020-0040(4)(n) as it incorporates OAR 584-020-ooro(r)
5 (Recognize the worth and dignity of all persons and respect for each individual), OAR
6 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district
7 lawfirl and reasonable rules and regulations), OAR 584-020-0030(2)(b) (Skill in
8 communicating with administrators, students, stafi‘, parents, and other patrons); and
9 OAR 584-020-0040(4)(1) (Sexual harassment).

1 O

1 1 The Commission’s authority to impose discipline in this matter is based upon

12 ORS 342.175.

1 3

14 ORDER

1 5 The Commission adopts and incorporates herein the above findings of fact and

16 conclusions of law, and based thereon, imposes a Public Reprimand on John Patrick

17 Moran’s Oregon educator licenses.

18 Furthermore, the Commission imposes a period of one (1) year of probation upon

19 Moran’s licensure to commence from the date this order is signed by the Commission

20 and subject to the following conditions:

21 r. Moran shall comply with the Standards for Competent and Ethical Performance

22 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division

23 020.

24 2. Moran will complete a Commission approved training related to his conduct as

25 descrrhcd in section two (2) above and submit proof of same prior to the

26 completion of his probation period.

27

28 Issued and dated this _j_t‘2\ day of November, 2017.

29 TEACHER STANDARDS AND PRACTICES COMMISSION

30 STATE OF OREGON

$2

32 By g é ZLMmZ

33 Trent Danowski, Co-Interim Executive Director

“PlaglggNSTlPULATION OF FACTS AND ORDER OF REPRIMAND WITH PROBATION - JOHN PATRICK.