1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) STIPULATION OF FACTS

5 Administrative License of ) AND ORDER

6 DALE ALFRED BACHMAN ) OF PUBLIC REPRIMAND

7 l

B

9 On September 26, 1997, the Teacher Standards and Practices Commission informed Dale
1O Alfred Bachman, through his attorney, Gary R. Ackley, that the Commission found sufficient
1 1 evidence of violation of Standards for Competent and Ethical Performance of Oregon Educators
12 to warrant a hearing regarding gross neglect of duty to act on knowledge of sexual abuse and
13 sexual harassment of students. Mr. Ackley requested a hearing on Mr. Bachman's behalf on
14 the allegations, but before a hean'ng date was set, the parties have agreed that their respective
15 interest and the interests of the State are best served by a Stipulation of Facts and Order of
16 Reprimand as set forth below.
17
18 FINDINGS OF FACT
19
20 1. Dale Alfred Bachman holds a Standard Administrative License endorsed for
21 administrator and valid from July 31, 1996 to August 1, 2001.
22
23 2. Bachman was employed by Springfield School District as a Vice-Principal and Athletic
24 Director at Thurston High School during 1992-96 when the alleged incidents occurred.
'25
26 3. In 1994, Bachman failed to report his knowledge of sex abuse (under ORS 4193005] of
27 female students by assistant coach, Fred Mondou, to the District Director of Secondary
28 Education, Children's Services Division, or law enforcement authorities.
29
30 4. In 1995, Bachman observed Rick Miller, an assistant volunteer volleyball coach, sitting
31 in a restaurant booth with a female member of the high school volleyball team. Based
32 on this observation, Bachman suspected that Miller and the student might be dating.
33 Although Bachman spoke to Miller and asked Head Coach Weiseth about whether Miller
34 and the student were involved, which both Miller and Weiseth denied, Bachman erred
35 by not conducting an investigation and by not interviewing the student or other players
36 0n the team.
3 7
38 5. On or about September 17, 1996, Bachman failed to demonstrate skill in managing the
39 school, its students, staff and programs as required by lawful district policies when a
4O female student reported to him that Warren Weiseth had sexually harassed her.
41 Bachman reported Weiseth‘s inappropriate behavior to his supervisor, Wayne Hill,
42 however, Bachman failed to conduct an adequate investigation to determine if the
43 allegations were accurate, and he did not report the allegation of inappropriate behavior
44 to other district administrators.
45
46 6. During the 1992-93 school years, Bachman failed to take appropriate action against
47 wrestling coaching staff involved in the "atomic sit-up“ activity.
48
49 7. The above incidents are evidence that Bachman failed to demonstrate professional
50 judgment as a Vice-Principal and Athletic Director of Thurston High School as required
51 by OAR 584-20-010(5).
$2

I PAGE 1--STIPULATION AND ORDER—-DALE ALFRED BACHMAN

.1 8. The Springfield School District investigation of Bachman's alleged negligence revealed
2 that he was hindered in his ability to fulfill his duties by his supervisor. Based in part
3 on this finding, the district chose to impose only a reprimand, a five day suspension
4 without pay, and a plan of improvement as disciplinary action for neglect of duty.
5
6 Dale Alfred Bachman enters into this Stipulation of Facts with knowledge that the Teacher
7 Standards and Practices Commission will adopt an Order of Public Reprimand for the above
8 violations of Standards for Competent and Ethical Performance of Oregon Educators and this
9 Order shall serve as the reprimand. This Stipulation is contingent upon approval and adoption
10 of the Order by the Commission. If the Commission does not adopt this Order, neither Mr.
1 1 Bachman nor the Commission are bound by these stipulations and Mr. Bachman retains all
12 rights to a hearing on the allegations.
13
14 IT IS SO STIPULATED:
15
16
‘ 17
18 M %51é éQ-LM ‘7,-y/7?’
19 Dale Alfred Bach Date
20
21
22 '
23 A/ ‘/[ /t> [ff
$4 David V. yton, Executive Director Da e
5 Teacher Standards and Practices Commission
26
2 7
'28 ULTIMATE FINDINGS OF FACT
29
30 Dale Alfred Bachman neglected his duty as a Vice-Principal and Athletic Director when he
31 failed to report allegations of sexual abuse and sexual harassment of students by his
32 subordinates.
33
34 ‘ CONCLUSIONS OF LAW
35
36 ORS 342.175 authorizes TSPC to establish Standards for Competent and Ethical Performance
37 of Oregon Educators (OAR 584, Division 20) to define gross neglect of duty. Failure to report
38 sexual abuse and sexual harassment of students by subordinates violates OAR 584-20-
39 025(3)(a) and OAR 584-20-035(3](a).
40
41 OPINION
42
43 As an educator Dale Alfred Bachman is a mandatory reporter of child abuse regardless of his
44 relationship with the alleged abuser. In this case, Bachman had supervisory responsibility for
45 the coaches, assistant coaches and volunteer assistant coaches by virtue of his position as
46 Athletic Director at Thurston High School. The district has, however, thoroughly investigated
47 this matter and determined that Bachman was hindered in exercise of his duty by his
48 supervisor. The district has also imposed a sanction for neglect of duty and has required a
49 plan of improvement focused on district and TSPC Standards. These facts are taken into
50 consideration in imposing only a Public Reprimand by TSPC.
51
' PAGE 2--STIPULATION AND ORDER--DALE ALFRED BACHMAN

. 1 ORDER
2
3 The Commission accepts the Stipulation of Facts outlined above and adopts an Order of Public
4 Reprimand for Dale Alfred Bachman for failure to report sexual abuse and sexual harassment
5 of students by subordinates and this Order shall serve as the reprimand.
6
1 7 i
8 Dated this l H day of f . , 1998.
9
10 TEACHER STANDARDS AND PRACTICES COMMISSION
11
12
‘3 ' W
14 By: ' XAAA'
15 David V. Myton, Executive Director
16
17
18 Approve to :
19
20 ’
21
22 g,
23 R. Ackley, ttomey Da
24 For Dale Alfred Bachman
.25
26
2 7
O28 —__..—__ ____.__
29 Joe McKeever, Assistant Attorney General Date
30
31
32 CERTIFICATE OF MAILING
33
34 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me
35 as such by U.S. Certified Mail with Return Receipt Requested to attorney for Dale Alfred
36 Bachman:
3 7
38 GARY R. ACKLEY
39 ATTORNEY AT LAW
4O 30 NORTH FIFTH STREET
41 COTTAGE GROVE OR 97424
42
43
44 . , , . K
45 Dated this 4" K "- day of Lg 2 @7: , 1998.
46
47
48 ' ' "
49 B . 7 C/ "
50 arlene A. Smith
51 Executive Assistant to the Commission
’ PAGE 3--STIPULATION AND ORDER-‘DALE ALFRED BACHMAN