1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REPRIMAND 6 ARTHUR RAY BOWMAN ) 7 8 On December 8, 2010, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Arthur Ray Bowman 10 (Bowman) in which the Commission charged him with Gross Neglect of Duty pursuant 11 to OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5), OAR 584-020- 12 0020(2)(d), OAR 584-020-0025(2)(a) and OAR 584-020-0040(4)(d). The Notice was l3 sent via U.S. First Class Mail and US. Certified Mail Receipt 7010 0290 0001 6831 14 4787 to the address on file with the Commission. The Certified Mail was signed for by 15 Arthur Bowman on December 10, 2010. The Notice of Opportunity of Hearing, dated 16 December 8, 2010, and signed by Victoria Chamberlain, Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE." 24 25 Bowman did not request a hearing. The Commission, therefore, finds Bowman to be in 26 default and enters the following findings of fact, conclusions of law and order, based on 27 the files and records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Bowman has been licensed as a teacher in Oregon since July 1, 1976. Bowman's 30 current Standard Teaching License, with a Standard Technology Education 31 endorsement, issued on November 21, 2005, expired on November 20, 2010. 32 During aII relevant times, Bowman was employed by the Klamath Falls City Schools. PAGE 1-DEFAULT ORDER OF LICENSE REPRIMAND - BOWMAN, ARTHUR RAY 1 2. On November 17, 2009, male student JS, swung a piece of copper wire toward 2 Bowman. Bowman reacted by turning toward the student, grabbing his face, 3 applying pressure with his thumb while pushing JS back into his seat. Witnesses 4 described this movement as a head lock or bear hug with Bowman's fingers leaving 5 scratches on JS’s face. Bowman's actions resulted in JS receiving two 1.5 inch 6 scratches to his face that bled. 7 CONCLUSIONS OF LAW 8 Arthur Ray Bowman's conduct described in paragraph 2 above constitutes gross 9 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it 10 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020- 11 0020(2)(d) (Skill in the supervision of students),OAR 584-020-0025(2)(a) (Establishing 12 and maintaining classroom management that is conducive to learning);and OAR 584~ 13 020-0040(4)(d) (Unreasonable physical force against students, fellow employees, or 14 visitors to the school, except as permitted under ORS 339.250). 15 The Commission's authority to impose discipline in this matter is based upon 16 ORS 342.175. 17 FINAL ORDER 18 The Commission hereby imposes a Public Reprimand on the Iicensure of Arthur 19 Ray Bowman. Av 20 IT IS SO ORDERED THIS £26 day of January, 2012. 21 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 t 24 By: 25 lctoria Cha ' ecutive Director 26 27 28 29 30 31 PAGE 2-DEFAULT ORDER OF LICENSE REPRIMAND - BOWMAN, ARTHUR RAY 1 NOTICE OF APPEAL OR RIGHTS 2 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 4 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 5 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 6 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF LICENSE REPRIMAND — BOWMAN, ARTHUR RAY CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified MaiI-—Return Receipt Requested, addressed to: Arthur Ray Bowman 1935 Auburn St Klamath Falls, OR 97601-2202 {1 Dated this £4 day of January, 2012. By: M Pa Liddell Investigative Assistant PAGE 1— CERTIFICATE OF MAILING-BOWMAN, ARTHUR RAY