FEB. 4. 2010 11:43AM BENNETT HARTMAN i N0. 9568 P. 2 l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE 0F OREGON 3 Inthe Matter ofthe Case No. 122208 Teaching License of 4 STIPULATION, AND ORDER SUSPENSION 5 MICHAEL RICHARD GORDON \ AND PROBATION 6 The Teacher Standards and Practices (Commission) issued aNotioe of Opportunity for 7 Hearing on January 12, 2005 to Michael Richard Gordon, in which the Commission proposed to 8 suspend, revoke or other wise impose discipline. . 9 Afier a review of the matters alleged, the Commission and Mr. Gordon have agreed that 10 their respective interests, together with the public interest, are best served by a stipulation to l l certain facts, the imposition of a 15-day suspension and an extension oert Gordon’s probation 12 for a period of four years. The Commission has taken into account the length of time that has 13 taken to resolve the case in imposing a 15-day suspension. l4 In entering into this stipulation, Mr. Gordon waives his right to a hearing to contest the 15 allegations in the Notice and understands that the Commission Will impose a 15-day suspension l6 and place him under probation for a period of four years. This stipulation and proposed order are 17 contingent on approval by the full Conuniaaion. Ifthe Commission does not approve this 18 stipulation and order, it is understood that any waiver of rights by Mr. Gordon is therefore 19 revoked. It is fimher understood that the statements contained in this stipulation may not be used 20 by either the Commission or Mr. Gordon for any reason ifthe Commission fails to approve the 21 stipulan'on and proposed order. 22 . 23 Page 1 - STIPULATION AND ORDER — MICHAR RICHARD GORDON — 699414164” mum 1:41 mm hum FEB. 4. 2010 11:43AM BENNETT HARTMAN 7 N0. 9568 p_ 3 1 2 STIPULATION 0F FACTS 3 Mr. Gordon and the Commission stipulate as follows: 4 l. Mr. Gordon holds a Standard Teaching License with endorsements in several 5 subjects, including U.S. History, Global Studies, Government. Citizenship and Economics. 6 2. Mr. Gordon was employed as a teacher and a coach with the Prospect School 7 District fi'om 1981 to 2008. Mr. Gordon is not eurrrmtly teaching in any position. s 3. The Commission pre'Viously disciplined Mr. Gordon on two separateoooasionsi 9 a. 0n July 17, 1998, the Commission issued a public reprimand and placed 10 Mr. Gordon on probation for three years based on stipulated findings of ll factthatMr.Gordonhadengagedinaseriesofinappropriatephysical 12 contacts with students and inappropriate comments to students. As a 13 condition of probation Mr. Gordon was required to attend a course or 14 workshop on sexual harassment. 15 b. On August 8, 2001, the Commission suspended Mr. Gordon’s teaching l6 license for 30 days, followed by a three-year period of probation based l7 onstipulatedfindingsoffactthatMr.Gordonhad,inthepresenoc of 18 other students, made embarrassing and humiliating statements to a male l9 high school student. As a condition of this probation, Mr. Gordon was 20 requiredtoattendaneducationalprograminsexualharassmeniand 21 boundaries with students and to direct the trainer to provide a wort of 22 Mr. Gordon's succeaful completion of the training within six months. 23 Page 2 - STIPULATION AND ORDER - MICHAEL RICHARD GORDON-GENP4145.doc W m‘ 5mm Fara 315 ; FEB. 4. 2010 11:43AM BENNETT HARTMAN to. 9568 P. 4 "C l 4. Mr. Gordon has failed to show evidence that he completed the training required in 2 the Commission's August 8, 2001 order. 3 5. In late September or early October 2003, Mr. Gordon and a group of teachers had 4 a social meeting in the classroom of a female teacher at the Prospect High School. At that time, 5 Mr. Gordon rnade a comment about observing the exposed breast of one of the female teachers 6 who was present in the room. That female teacher considered the conunent to be a disparaging 7 remark 8 6. At the time of the incident, Mr. Gordon was on probation to the Commission, as a 9 result of the August. 8, 2001 order. 1° 1, // 11 I // ‘II/4 / M Mich l ' t - don Date 12 . r ./ i 13 417/’? J7 ' /-" ' jvyv/fi _ rotoria Chem - - E i. v 've Director Date 14 Teacher Standards and Practices Commission 15 CONCLUSIONS OF LAW 16 l. Michael Richard Gordon’s comment concerning a female co-worker was l7 demeaning, embarrassing and sufficiently severe to create a hostile work 18 environment. His conduct constimted semral harassment and gross neglect of l9 duty in violation of OAR 584»020-0040(4)(1). 20 2. Mr. Gordon’s act of sexual harassment was a violation of the tenus of his 21 probation and constituted gross neglect of duty in violation of OAR 584-020- 22 0040(4)(k). 23 Page 3 - STIPULATIONAND ORDER-MICHAEL RICHARD GORDON-GENP4145.doe ; mom 1245 mum tare us FEB. 4. 2010 11:43AM BENNETT HARTMAN N0. 9568 P. 5 1 3. Mr. Gordon violated the terms of his probation by failing to ensure that a report of 2 Gordon’s successful participation in training was provided to the Commission. 3 His failure constitutes gross negbct of duty in violation of OAR 584-020- 4 0040(4)(l<). 5 ORDER 6 The Commission imposes a 15-day mspension of Michael Richard Gordon‘s license. 7 The Conunission extends Mr. Gordon's probation for a period of four years, beginning 8 with the daze of this order. Conditions of probations are: 9 a. Mr. Gordon will complete a sensitivity training course subject to approval by the 10 Commission. Before he undertakes any teaching position, Mr. Gordon agrees to provide proof to l l the Commission that he has taken the sensitivity course. 12 b. Mr. Gordon shall comply with all Standards for Competent and Ethical l3 Performance of Edmators lmder OAR 584 Division 020. l4 Violation of any of the terms of probation may constitute an independent basis for the 15 Commission to impose discipline, up to and including revocation of Mr. Gordon’s Oregon 16 Teaching License, subject to his right to a hearing on the issue of whether he violated probation. l7 In light of Mr. Gordon’s previous instances of misconduct, any future violations will be viewed 18 by the Commissionto be very serious. l9 20 1T IS so ORDERED this [Zr/M day of% 2010. 21 TEACHER STAND S AND PRACTICES COMMISSION 22 / 13 By: l fifl” ’///n 1: '1 . 41 'ietorin -: .. - Wecutive Director . Page 4 - S'l'IPDLATIONANDORDER-MICHAH. mcmxo GORDON-GBNPMMdoc arm-04 1250 5mm mu- 515