1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULA'HON OF FACTS AND

4 Educator License of ) FINAL ORDER OF SUSPENSION

5 TOM S. WHITEFORD ) AND PROBATION

6 0n or about December 30, 2015, the Teacher Standards and Practices Commission

7 (Commission) received a report from the Oregon City School district alleging that Tom S. Whiteford

8 (Whiteford) had violated Professional Standards and Practices.

9 After review of the matters alleged, Whiteford and the Commission agree that their respective
10 interests, together with the public interest, are best served by a stipulation to certain facts, the
1 1 imposition of a sixty (60) day suspension of Whiteford’s Oregon educator license, and a two (2) year
12 period of probation to commence upon reinstatement of Whiteford’s Oregon educator license.
13 This document sets forth the facts upon which the parties have agreed and the stipulated
14 sanction to be imposed. Whiteford stipulates that there is sufficient evidence in the Commission's
15 ﬁles and records to support the ﬁndings of fact, conclusions of law, and order set forth below.
16 By signing below, Whiteford acknowledges, understands, stipulates, and agrees to the
17 following: (i) he has been fully advised of his rights to notice and a hearing to contest the ﬁndings of
18 fact, conclusions of law, and order set forth below, and fully and ﬁnally waives all such rights and any
19 rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and
20 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and
21 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is
22 contingent upon and subject to approval and adoption by the Commission. If the Commission does
23 not approve and adopt this Stipulation and Final Order, then neither Whiteford nor the Commission
24 are hound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands
25 it completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final
26 Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no
27 promises or representation has been made to induce him to sign this Stipulation and Final Order; and
28 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully

Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- TOM S.
WHITEFORD

1 advised with regard to his rights thereto, or waives any and all rights t0 consult with an attorney prior .
2 to entering into this Stipulation and Final Order and issuance and entry 0f the Stipulated Final Order
3 below.

4 STIPULATION OF FACTS

5 1) Whiteford has been licensed as an Educator in Oregon since April 16, 1992. Whiteford holds a

6 Professional Teaching License, with an endorsement in Elementary — Multiple Subjects (PK-12),

7 valid from November 26, 2016, through November 25, 2021. During all relevant times, Whiteford

8 was employed by the Oregon City School District.

9 2) On December 30, 2015, the Commission received information from the Oregon City School district
10 indicating Whiteford may have committed acts which constitute gross neglect of duty. The district
11 reported Whiteford failed to adhere to a February 17, 2015, Letter of Reprimand and last chance
12 type agreement related to an incident that occurred on or about February 6, 2015, in which
13 Whiteford was found to have been under the inﬂuence of alcohol on school grounds.

14 3) Investigation determined that on February 6, 2015, school ofﬁcials were notiﬁed by staff that

15 Whiteford appeared intoxicated in the classroom. Whiteford was confronted about the allegation
16 and agreed to take a breath test. Whiteford submitted two breath samples at a local clinic, and

17 both tests indicated Whiteford was under the inﬂuence of alcohol. School oﬁcials issued

18 Whiteford a written reprimand and placed him on an agreement to complete related alcohol

19 treatment. On December 2, 2015, a school official observed Whiteford exhibiting signs of

20 intoxication on school grounds. Oﬂicials requested and Whiteford agreed to be tested for alcohol.
21 Whiteford participated in two test samples, one at 11:44 AM with a test results of .089 BAC and
22 the second test at 12:02 PM with a test results of .085 BAC. Both test results indicated Whiteford
23 was under the inﬂuence of alcohol and over the presumptive legal limit by Oregon law as related to
24 driving under the inﬂuence (.08 BAC).

25 4) The Oregon City School District advised Whiteford they would be seeking his termination based
26 on the ﬁndings that Whiteford was under the inﬂuence of alcohol on school property, a violation of
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- TOM S.

WHITEFORD

1 local policy, and because of Whiteford’s failure to comply with the last chance agreement. On

2 December 8, 2015, Whiteford submitted his resignation in lieu of termination.

3 IT IS SO STIP TED:

4 In Millie” W3 [I]

5 Torn S. Whiteford Date

6 ﬁgﬁmmé I/‘///z

7 Trent Dan wski, Co-Interim Executive Director Date

8 Teacher Standards and Practices Commission

9
10 CONCLUSIONS OF LAW
1 1 Tom S. Whiteford ’s conduct described above constitutes gross neglect of duty in violation of
12 ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use
13 professional judgment), OAR 584-020-0025(2)(e) (Using district lawﬁil and reasonable rules and
14 regulations); and OAR 584-020-0040(4)(g) (Appearing on duty or at any district-sponsored activity
15 while under the inﬂuence of alcohol or any controlled substance).
16 The Commission's authority to impose discipline in this matter is based upon ORS 342.175.
1 7 ORDER
18 The Commission hereby adopts and incorporates herein the above stipulation of facts,
19 conclusions of law, and based thereon hereby imposes a sixty (60) day suspension upon Whitefords
20 Oregon educator license as follows: I
21 Tom S. Whiteford‘s Oregon educator license is hereby suspended for sixty (60) days following
22 the adoption of this order.
23 Furthermore, the Commission imposes a two (2) year period of probation upon Whiteford to
24 commence upon reinstatement of his Oregon educator license and subject to the following terms and
25 conditions of probation:
26 1. Whiteford shall comply with the Standards for Competent and Ethical Performance of
27 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.

Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- TOM S.
WHITEFORD

1 2. Whiteford has provided a favorable evaluation / treatment report (Alcohol treatment
2 program completed March 9, 2016) from an approved provider, meeting commission
3 standards for such.
4 3. Whiteford will continue any recommended counseling or treatment related to his
5 alcohol treatment plan.
6 4. Whitford’s suspension shall be considered effective starting November 3, 2017, and as
7 of the execution of this order, considered completed in full (60 days) as approved by
8 the Commission at the January 19, 2018, Commission meeting.
9 Violation of any term or condition of probation shall constitute an independent basis for the
10 Commission to revoke Whitford’s Oregon educator license or otherwise impose discipline, after ﬁrst
1 1 providing Shoff with notice and opportunity for hearing
1 2
13 IT IS SO ORDERED this L4 day of January, 2018.
14 TEACHER STANDARDS AND PRACTICES COMMISSION
15 é; é é’ i
1 6 By:
17 Dr. Anthony Rosi Exec ' Director
Page 4 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- TOM S.
WHITEFORD

CERTIFICATE OF MAILING

I HEREBY CERTIFY that I served the foregoing Stipulation 0f Facts and Final Order of Suspension
and Probation, certiﬁed by me as such, by mailing U.S. First Class Mail and U.S. Certiﬁed Mail —
Return Receipt Requested, addressed to:

Tom S. Whiteford

18029 Chikaree DR

Oregon City, OR 97045
DATED this Q94»: day oflanuary, 2018.
By: W

y Sheldon
Investigative Assistant

Certiﬁcate of Mailing e Tom S. Whiteford
Data Classiﬁcation Level: 2 e Limited
DO: Sheldon