I A; T 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSIO+ JUL 1 8 2012 g 2 0F THE STATE OF OREGON z ran 6+2ch it i “ERMMEJL'QLJ 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND SUSPENSION 5 BRUCE PICTON ) OF RIGHT TO APPLY 6 On or about November 11, 2009, the Teacher Standards and Practices Commission 7 (Commission) received a report from the South Umpqua School District alleging that Mr. Picton 8 may have engaged in gross neglect of duty. 9 After review of the matters alleged, Picton and the Commission agree that their 10 respective interests, together with the public interest, are best served by a stipulation to certain 11 facts and Suspension of Picton’s right to apply for an Oregon Teaching License for one year. 12 Picton further agrees not to apply for a teaching license from the Commission in the future. 13 This document sets forth the facts upon which the parties have agreed and the 14 stipulated sanction to be imposed. Picton stipulates that there is sufficient evidence in the 15 Commission's files and records to support the findings of fact, conclusions of law, and order set 16 forth below. 17 By signing below, Picton acknowledges, understands, stipulates, and agrees to the 18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and 21 Suspension of Right to Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order is 22 a public document and disclosed to the public upon request by the Commission; (iii) this 23 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 24 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 25 then neither Mr. Picton nor the Commission are bound by the terms herein; (iv) he has fully read 26 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any 27 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry Page 1 STIPULATION OF FACTS, ORDER OF AND SUSPENSION OF RIGHT TO APPLY - PICTON 1 of the Stipulated Final Order below; (vi) he states that no promises or representation has been 2 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 3 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his 4 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this ; 5 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.. l 6 STIPULATION OF FACTS j 7 1. The Commission licensed Picton from August 7, 1981 to March 1988. On September ‘ 8 16, 1994 the Commission denied Picton licensure based on agsuspension in the state of 9 California. On August 28, 1998, the Commission issued Picton an Emergency Teaching 1O license. Between 2001 and March 7, 2010, Picton has held a Basic teaching license 11 and Standard teaching license at various times. Mr. Picton‘s last Standard Teaching ‘ 12 license expired on March 7, 2010. ‘ 13 2. Mr. Picton began serving as Vice Principal of South Umpqua High School in the fall of ‘ 14 2007 under a conditional assignment permit issued by the Commission. While working ‘ 15 as vice principal he engaged in a sexual relationship with a subordinate female 16 employee. 17 3. After the relationship became known to the High School Principal, she directed Mr. 18 Picton to cease the relationship. Mr. Picton agreed to follow the directive, but continued 19 to have a sexual relationship with the subordinate employee. 20 ‘ OSTIPU '~ r: 21 Ab 4 m \l 1L1! IS! lDlZ/ 22 B F’ on v _ Date 23 - A1A AM. _,. M M 24 Y ictoria Cha - fixecutive Director Date 25 Teacher Standards and Practices Commission 26 /// 27 ///l Page 2 STIPULATION OF FACTS, ORDER OF AND SUSPENSION OF RIGHT TO APPLY - PICTON 1 2 CONCLUSION OF LAW 3 1. By engaging in the conduct identified in paragraph 2 above, Bruce Picton engaged in 4 Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it 5 incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of all persons and 6 respect for each individual), OAR 584-020-0010(5) (Use of professional judgment), OAR 7 584-020-0025(2)(e) (Using district lawful and reasonable rules and regulations), OAR 8 584-020-0025(3)(a) (Leadership skills in managing the school, its students, staff, and 9 programs as required by lawful and reasonable distn'ct policies, rules, and regulations, 10 state and federal laws and regulations, and other programs as assigned, and assures 11 that staff is informed of these requirements); and OAR 584-020-0040(4)(I) (Sexual 12 harassment) as that term is defined by OAR 584-020-0005(6). 13 2. By engaging in the conduct identified in paragraph 3 above, Bruce Picton engaged in 14 Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it 15 incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of all persons and 16 respect for each individual), OAR 584-020-0010(5) (Use of professional judgment), OAR 17 584-020-0025(2)(e) (Using district lawful and reasonable niles and regulations), OAR 18 584-020-0030(3)(d) (Skill in reconciling conflict); and OAR 584-020-0040(4)(I) (Sexual 19 harassment) as that term is defined by OAR 584-020-0005(6). ‘ 20 ll/ 21 l/l 22 ll/ 23 /// 24 l// 1 ‘ 25 l/l i I 26 /// a Page 3 STIPULATION OF FACTS, ORDER OF AND SUSPENSION OF RIGHT TO APPLY - PICTON l 1 ORDER 2 The Commission adopts the above Stipulation of Facts, and suspends Bruce Picton’s 3 right to apply for a Teaching License for one year. 4 Bruce Picton agrees he will not apply for a teaching license from the Commission in the 5 future. W 6 IT IS so ORDERED this i day ofEdm-iaq, 2012. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 3 272 é g gé; Z _ 9 By: 10 ictoria Cham cutive Director Page 4 STIPULATION OF FACTS, ORDER OF AND SUSPENSION OF RIGHT TO APPLY - PICTON