F 'l BEFORE THE . TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON In the Matter of the ) STIPULATION OF FACTS Teaching License of ) AND ORDER OF THOMAS SCOTT MILLER ) SUSPENSION ) On or about February l4, 2001, the Teacher Standards and Practices Commission (Commission) received a report from Ioseph Rodriguez, Superintendent, Hillsboro School District, indicating that Thomas Scott Miller resigned his position pending the outcome 0f an investigation of alleged inappropriate supervision of a field trip and also for allegedly verbally threatening a student. On or about May 9, 2001, the Commission notified Thomas Scott Miller of that report, provided him a copy of that report and invited his response. 1 Mr. Miller fully cooperated with the Commission's investigation. After ’ review of the matters alleged, Mr. Miller and the Commission agree that their respective interests, together with the public interest, are best served by a stipulation to certain facts and an Order of suspension. This Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. In entering into this stipulation, Mr. Miller waives the right to a hearing to contest the finding of fact, conclusion of law and order set forth below. Mr. Miller understands that the Commission will suspend his right to apply for a teaching license for ninety (90) days. This stipulation is contingent upon approval and adoption of the Order by the Commission. If the Commission does not adopt this Order, neither Mr. Miller nor the Commission are bound by these stipulations, and Mr. Miller retains all rights to a hearing on the allegations. STIPULATION OF FACTS I. On December 23, 1997, the Commission issued a License of Accomplishment to Mr. Miller, valid until December 23, 1999, at the request of , \ Hillsboro School District. On March 6, 2000, the Commission issued a Teacher Page 1 - ORDER (Thomas Scott Miller) ' Transitional License to Mr. Miller valid until March 6, 2001, restricted to Hillsboro School District. 2. Mr. Miller was employed by the Hillsboro School District, as a teacher at Glencoe High School from January 5, 1998, until his resignation in lieu of termination February 13, 2001. Mr. Miller had no prior I(-12 teaching experience, nor has he completed a teacher education program. 3. On January 12, 2001, Mr. Miller took students on a field trip to downtown Portland. Mr. Miller violated district policy in failing to secure appropriate transportation and supervision for the students. 4. On January 23, 2001, while supervising a study hall, Mr. Miller told a student that he had seen the student walking on the road. Mr. Miller told the student that he drove around Hillsboro in a Sherman tank, that he had a .45 caliber Colt handgun in his glove box, and that he would shoot the student. Mr. Miller maintains that he said this in a joking manner and was joking with the student. The student reported that he was unsure as to whether or not Mr. Miller was joking. ' 5. Mr. Miller accepts responsibility for his behavior and acknowledges that his behavior was inappropriate. ULTIMATE FINDINGS OF FACT 1. Mr. Miller violated District policy regarding the transportation of students and supervision of students and used poor professional judgment during a school sponsored field trip. 2. Mr. Miller failed to demonstrate skill in communicating with students and failed t0 use professional judgment by making inappropriate comments to a student in class that could be perceived as threatening. CONCLUSIONS OF LAW l. Thomas Scott Miller failed to supervise students during a school- sponsored field trip. This behavior constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(n) as set forth in OAR 584-020-0010(5) and 584-020- 0025(2)(e). Page 2 - ORDER (Thomas Scott Miller) 2. Thomas Scott Miller made inappropriate comments to a student in . class. This behavior constitutes gross neglect of duty in violation of OAR 584-020-0040(n) as set forth in OAR 584-020-0030(2)(b). IT IS SO STIPULATED: / / M m WM MM T omas Scott Miller Date ‘ 14/7 Z o! David V. M n Exec i e Director Date Teacher Standards and Practices Commission ORDER The Commission suspends the right of Thomas Scott Miller to apply for an Oregon Teaching License effective July 13, 2001, for a period of ninety (90) days. . Dated this l z kday of July 2001 TEACHER STANDARDS AND PRACTICES COMMISSION By: M David V. Myton, Execu ive Director APPROVED AS TO FORM Thoma A. Smith, oss# £400 1 Attorney for Thomas Scott Miller l Page 3 - ORDER (Thomas Scott Miller)