1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS,

4 Educator License of: ) FINAL ORDER OF SUSPENSION

5 RICHARD ARNOLD DANIELS ) AND PROBATION

9

8 On or about January 15, February 2, March 5, 2015, and March 14, 2016, the Teacher

9 Standards and Practices Commission (Commission) received reports of possible misconduct
1O from the Crook County School District.
1 1 After review of the matters alleged, Daniels and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to certain
13 facts and suspension of his Oregon educator license followed by a period of probation and
14 fulﬁllment of specific probation requirements.
15 This document sets forth the facts upon which the parties have agreed and the stipulated
16 sanction to be imposed. Daniels stipulates that there is sufficient evidence in the Commission’s
1 7 files and records to support the findings of fact, conclusions of law, and order set forth below.
18 By signing below, Daniels acknowledges, understands, stipulates, and agrees to the
19 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
20 ﬁndings of fact, conclusions of law, and order set forth below, and fully and finally waives all
21 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
22 Order of Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final
23 Order is a public document and disclosed to the public upon request by the Commission; (iii)
24 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the
25 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
26 then neither Daniels nor the Commission are bound by the terms herein; (iv) he has fully read
27 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any
28 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry

Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION —
RICHARD A. DANIELS ,

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. This

6 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed.

7 In entering into this stipulation, Daniels waives the right to a hearing to contest the ﬁndings of

8 fact, conclusions of law and order set forth below.

9

. 10 STIPULATION OF FACTS
1 1 1) The Commission has licensed Daniels since September 14, 1998. He holds a Standard Teaching
12 License, with endorsements in Standard Language Arts (020) and Middle Level Emphasis (015),
13 valid from July 24, 2012, through July 23, 2017. He also holds an Initial Administrator License, with
14 an endorsement in Administrator (ALL LVL), valid from March 6, 2013, through July 23, 2016.
15 During all relevant times, Daniels was employed by the Crook County School District
16 2) On January 15, 2015, the Commission received a report from the Crook County School District
17 regarding multiple patron complaints on Daniels’ grading and record keeping practices.
18 Investigation determined that Daniels failed to grade assignments in a timely and accurate manner
19 and that Daniels presented inaccurate grades and information about these grades during parent
20 conferences. Audits of Daniels’ grading practices indicated a variety of discrepancies, including:
21 grades that were entered inaccurately; grades were assigned for work that was not assessed by
22 Daniels; grades not entered in a timely manner; and having multiple students grade assignments
23 and enter grades for Daniels. The district investigation determined Daniels to be untruthful in his
24 responses to questions about his grading during the investigation. On December 16, 2014, Daniels
25 was issued a written reprimand and directive regarding his grading practices.
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION —
RICHARD A. DANIELS

1 3) In the course of investigating the district report of January 15, 2015, the Commission received
2 another report from the school district on February 2, 2015. This report indicated that on or about
3 December 18, 2014, Daniels pulled a student out of class and discussed which students were
4 supportive or not supportive of Daniels in relation to the ongoing investigation of Daniels and his
5 grading improprieties. Investigation determined that district officials had previously informed
6 Daniels he was not to discuss district investigations with students. When questioned, Daniels stated
7 he pulled the student out of class to discuss an assignment she had missed. Interview of the student
8 indicated Daniels’ statement was not accurate, and he had been untruthful in his responses to
9 investigators. The district noted that Daniels had been reprimanded on December 16, 2014, and
1 O January 6, 2015, where he was speciﬁcally directed to respond to district inquires truthfully. On
1 1 January 27, 2015, the district issued Daniels another reprimand including additional directives and
12 time off without pay.
1 3 4) On March 5, 2015, the Commission received a third report from the district regarding Daniels
14 conduct. The district reported that Daniels had resigned employment on February 23, 2015. The i
15 district also reported that prior to his resignation, and in violation of previous directives, Daniels
16 had contacted students via social media and questioned them about the district’s ongoing
17 investigation into his conduct. Students reported being contacted by Daniels and being asked
1 8 questions about who was talking to the district and what they were saying about him.
19 5) On March 14, 2016, the Commission received another report from the district that Daniels had
20 contacted former students via social media and his personal cell phone. Two students reported
21 being contacted by Daniels. Both students had previously reported concerns about Daniels during
22 the district’s investigation leading up to his resignation in February 2015.
23 6) During his interview with a TSPC investigator, Daniels denied intentional misconduct but admitted
24 to alcohol dependency problems. Daniels stated his alcohol use increased prior to his resignation
25 from the district. Daniels stated that he voluntarily began outpatient alcohol dependency treatment
26 in the summer of 2014 and completed a residential treatment program after his resignation from
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION —
RICHARD A. DANIELS
.4——_—_—_—_——

. 1 the district. Daniels stated that he has continued to participate in outpatient alcohol dependency
2 treatment.
3
4 (yrssos P 1 '
5 ‘ é 1 274 / 7
6 Richard A. D p ls Date _
7 522M ﬂairg Z [iii/W
8 Dr. Monica Beane, Executive Director Date
9 Teacher Standards and Practices Commission
1 0 I
1 1 CONCLUSION OF LAW
12 1. Richard A. Daniels’ conduct as described in paragraph 2 above constitutes gross neglect of
1 3 duty in violation of ORS 342.175(1)(b); ); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR
14 . 584-020-oo1o(5) (Use professional judgment), OAR 584-020-0015(2)(b) (Skill in setting
15 instructional goals and objectives expressed as learning outcomes), OAR 584-020-
16 0015(2)(e)( Skill in the selection and use of teaching techniques conducive to student
17 learning), OAR 584-020-0020(2)(a) (Multiple ways to assess the academic progress of
18 individual students), OAR 584-020-0020(2)(b) (Skill in the application of assessment data
19 t0 assist individual student growth); OAR 584-020-0040(4)(c) (Falsiﬁcation of any
20 document or knowing misrepresentation directly related to Iicensure, employment, or
21 professional duties); and OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-
22 0035(2)(c) (Strive for continued improvement and professional growth).
23 2. Richard A. Daniels’ conduct as described in paragraph 3 above constitutes gross neglect of
24 duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR
25 584-020-oo1o(5) (Use professional judgment), (OAR 584-020-0025(2)(e) (Using district
26 lawful and reasonable rules and regulations); OAR 584-020-0040(4)(c) (Falsiﬁcation of
27 any document or knowing misrepresentation directly related to licensure, employment, or
Page 4 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION —
RICHARD A. DANIELS

1 professional duties); and OAR 584-020-004o(4)(o) as it incorporates OAR 584-020-

2 0035(1)(b) (Refrain from exploiting professional relationships with any student for

3 personal gain, or in support of persons or issues).

4 3. Richard A. Daniels’ conduct as described in paragraph 4 above constitutes gross neglect of

5 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR

6 584-020-0010(5) (Use professional judgment), (OAR 584-020-0025(2)(e) (Using district

7 lawful and reasonable rules and regulations); and OAR 584-020-0040(4)(o) as it

8 incorporates OAR 584-020-0035(1)(b) (Refrain from exploiting professional relationships

9 with any student for personal gain, or in support of persons or issues). '
1O 4. Richard A. Daniels’ conduct as described in paragraph 5 above constitutes gross neglect of
1 1 duty in violation of ORS 342.175(1)(b); OAR 584-02o-oo4o(4)(n) as it incorporates OAR
12 584-020-oo1o(5) (Use professional judgment), (OAR 584-020-0025(2)(e) (Using district
13 lawful and reasonable rules and regulations); and OAR 584-020-oo4o(4)(o) as it
14 incorporates OAR 584-020-0035(1)(b) (Refrain from exploiting professional relationships
15 with any student for personal gain, or in support of persons or issues).

16 The Commission’s authority to impose discipline in this matter is based upon ORS

1 7 342.175.

1 8 ORDER

19 The Commission hereby adopts and incorporates herein the above stipulation of facts,
20 conclusions of law, and based thereon hereby orders as follows:

21 1. Daniels’ teaching license is hereby suspended for one year from the date of this order;
22 2. Following the suspension, Daniels is placed on probation for a period of three years;

23 3. As conditions 0f probation, Daniels will comply with the following:

24 a. He will provide to the Commission conﬁrmation of continued addiction

25 treatment from a professional provider and participation in recommended

26 ongoing treatment;

Page 5 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION —
RICHARD A. DANIELS
;_———_—

1 b. He will provide to the Commission conﬁrmation of sobriety from a professional
2 provider every six months during the period of probation;

3 c. He will comply with the Standards for Competent and Ethical Performance of
4 Oregon Educators under Oregon Administrative Rules Chapter 584, Division

5 02o.

I 6 4. Violation of any term or condition of probation shall constitute an independent basis for
7 the Commission to revoke Daniels’s teaching license or otherwise impose discipline, after
8 first providing Daniels with notice and opportunity for hearing.

9

10 IT rs so ORDERED this M day of Sana; ry , 2017. '
1 1
12 TEACHER STANDARDS AND PRACTICES COMMISSION
1 3
1 4 By: Z 27¢ M w
15 Dr. Monica Beane, Executive Director

Page 6 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION —

RICHARD A. DANIELS

I

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts, 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:
Richard Arnold Daniels
232 SE Lorna LN
Prinevillc, OR 97754-2802
DATED this {grit day of February, 2017.
By:
P Sheldon
Investigative Assistant
I
Certiﬁcate of Mailing — Richard Arnold Daniels
Data Classiﬁcation Level: 1 a Published
DO: Sheldon