1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF SUSPENSION 5 ADAM J. DAVIS ) AND PROBATION 6 On or about March 26, 2014, the Teacher Standards and Practices Commission (Commission) 7 received Davis’ Application for renewal of licensure. Review of this application indicated that Davis 8 had failed to successfully complete Commission probation requirements from previous disciplinary 9 action. Subsequent investigation determined that Adam J. Davis (Davis) violated professional 1O standards by failing to comply with Commission probation requirements. 1 1 Davis fully cooperated with the Commission's investigation in this matter. After review of the 12 matters alleged, Davis and the Commission agree that their respective interests, together with the 13 public interest, are best served by a stipulation to certain facts, the imposition of a thirty (30) day 14 suspension of his educator license, and a four (4) year period of probation. 1 5 This document sets forth the facts upon which the parties have agreed and the stipulated 16 sanction to be imposed. Davis stipulates that there is sufficient evidence in the Commission‘s files and 17 records to support the findings of fact, conclusions of law, and order set forth below. 18 By signing below, Davis acknowledges, understands, stipulates, and agrees to the following: (i) 19 he has been fully advised of his rights to notice and a hearing to contest the findings of fact, 20 conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights 21 to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and 22 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and 23 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 24 contingent upon and subject to approval and adoption by the Commission. If the Commission does 25 not approve and adopt this Stipulation and Final Order, then neither Davis nor the Commission are 26 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it 27 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Order 28 and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises Page 1 STIPULATION OF FACTS, 30 DAY SUSPENSION ~DAVIS, ADAM J. 1 or representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he 2 has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised 3 with regard to his rights thereto, or waives any and all rights to consult with an attorney prior to 4 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 5 below. 6 STIPULATION OF FACTS 7 1) The Commission has licensed Davis since July 12, 2000. Davis currently holds an Initial II 8 Teaching License issued March 31, 2011, with endorsements in Multiple Subjects (MIDLVL) and 9 Multiple Subjects Self-Contained (ELE), which was set to expire on April 6, 2014. On March 26, 10 2014, Davis made timely application for renewal of his license, which has had its expiration 1 1 pended awaiting the outcome of the investigation. During all relevant times, Davis was employed 12 by the Reynolds School District. 13 2) On February 8, 2008, the Commission adopted a Stipulation of Facts and Final Order that 14 resulted in Davis receiving a Public Reprimand as discipline by the Commission. The order 1 5 established a two (2) year period of probation, where Davis was required to undergo specific 16 training approved by the Commission and submit progress reports to the Commission every six (6) 17 months for the duration of Davis’ probation. 18 3) On March 26, 2014, Davis submitted an application for the renewal of his Initial II Teaching 19 License. Upon review, it was discovered that Davis had not completed his 2008 — 2010 probation 20 as required. On April 23, 2014, the Commission referred Davis’ application for licensure renewal 21 to the Professional Practices division for investigation. Investigation determined that according to 22 Commission records and by Davis’ own admission, Davis failed to complete or submit any of his 23 probation requirements as detailed in section two (2) above. 24 25 IT IS SO STIPlILAT/ ,7} , i , r’ 26 ~71/// W g/7190f5 27 Adam . W / '7 / ( Date A / 28 _%// 2 // ’ 41/4) A 29 Victoria Chambe“ , ecutive Director Date 3O Teacher Standards and Practices Commission 3L‘) DLL 5 it 5’) 1-4 5, 0m Page 2 STIPULATION OF FACTS, ‘R'EVOGAgeN-eF-R'I'Gi'fi-TOAPPH —DAV|S, ADAM J. 1 2 CONCLUSIONS OF LAW 3 The above described conduct that updauaigugn Davis engaged in constitutes gross neglect of 4 duty in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates, OAR 584-020- 5 0010(5) (Use professional judgment), and OAR 584-020-040(4)(k)( Violation 0f any order or rule of 6 the Commission). 7 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 8 ORDER 9 The Commission hereby adopts and incorporates herein the above stipulation of facts, 1O conclusions of law, and based thereon hereby imposes a thirty (30) day suspension upon Davis’ 1 1 Educator License as follows: 12 Adam J. Davis’ Educator License is hereby suspended for thirty (30) days following the 13 adoption of this order. 14 Furthermore, the Commission imposes four (4) years of probation upon Davis to commence 1 5 upon reinstatement of his license and subject to the following terms and conditions of probation: 16 1. Reinstatement from suspension is contingent upon completion of a Commission approved 17 training addressing appropriate physical contact with students. 18 2. Davis will submit a letter from his supervising administrator no later than June 15lh of each 19 year of probation, verifying that Davis has not had any inappropriate interactions with 20 students during the current school year, nor has he been in violation of any of the 21 Standards for Competent and Ethical Performance 0f Oregon Educators under Oregon 22 Administrative Rules Chapter 584, Division 020. 23 3. Davis shall comply with the Standards for Competent and Ethical Performance of Oregon 24 Educators under Oregon Administrative Rules Chapter 584, Diw'sion 02o. 25 Page 3 STIPULATION OF FACTS, 30 DAY SUSPENSION —DAV|S, ADAM J. 1 Violation of any term or condition of probation shall constitute an independent basis for the 2 Commission to revoke Davis’s educator license or otherwise impose discipline, after first providing 3 Davis with notice and opportunity for hearing. 4 5 6 IT IS SO ORDERED this fiday of SM! 4‘ , 20 AS. 7 TEACHER STANDARDS D PRACTICES COMMISSION 8 r 9 By, Mt) 10 Victoria Cham e lain, Executive Director Page 4 STIPULATION OF FACTS, 30 DAY SUSPENSION —DAVIS, ADAM J, CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of 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: Adam Jay Davis 6037 SE Malden Street Portland, OR 97206-8165 I; ) . DATED this [Q ' 3 day of July, 2015. //7 if if \_.-/"// 1' ' I‘ .1 By: Q ‘1,6607 fféfimwéf I Pitty Liddell Investigative Assistant Certificate of Mailing — Davis, Adam Jay Data Classification Level: 3 — Confidential DO: Liddell