1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON l

3 In the Matter of the ) STIPULATION OF FACTS

4 Teaching License of ) AND FINAL ORDER

5 THOMAS M. McCAFFREY ) REVOKING RIGHT TO APPLY

6 On 0r about October 26, 2007, the Teacher Standards and Practices Commission

7 (Commission) received information that Thomas M. McCaffrey was being investigated by the

8 Salem Police in connection with Sex Abuse charges.

9 After review of the matters alleged, Mr. McCaffrey 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 revocation of his right to apply for a license, and an agreement that Mr. McCaffrey not
12 apply for reinstatement of the license until meeting conditions specified in this Order.

13 This document sets forth the facts upon which the parties have agreed and the

14 stipulated sanction to be imposed. Mr. McCaffrey stipulates that there is sufficient evidence in

15 the Commission's files and records to support the findings of fact, conclusions of law, and order

16 set forth below.

17 By signing below, Mr. McCaffrey acknowledges, understands, stipulates, and agrees to

18 the 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 Final

21 Order Revoking Right to Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order

22 is 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. McCaffrey nor the Commission are bound by the terms herein; (iv) he has fully

26 read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without
PAGE 1 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - THOMAS M. MCCAFFREY

1 any force or duress, enters into this Stipulation and Final Order and consents to issuance and
2 entry of the Stipulated Final Order below; (vi) he states that no promises or representation has
3 been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with
4 an attorney regarding this Stipulation and Final Order and has been fully advised with regard to
5 his rights thereto, or waives any and all rights to consult with an attorney prior to entering into
6 this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
7 This Order sets forth the facts upon which the parties have agreed and the sanction to be
8 imposed. Mr. McCaffrey stipulates that there are sufficient facts contained in the Commission's
9 files and records to support the findings of fact and conclusions of law set forth below. In
10 entering into this stipulation, Mr. McCaffrey waives the right to a hearing to contest the findings
11 of fact, conclusions of law and order set forth below.
12 STIPULATION OF FACTS
13 1. The Commission has licensed Mr. McCaffrey since February 12, 1999. Mr.
14 McCaffrey last held an Initial I Teaching License that expired on May 18, 2009. He was last
15 employed by the Salem-Keizer School District.
l6 2. On or about October, 2007, Mr. McCaffrey was charged by the Marion County District
17 Attorney's office with two counts of Sex Abuse III. The charges were later dismissed with
18 prejudice. The charges stemmed from a 2002 incident where Mr. McCaffrey gave his 16-year
19 old stepdaughter a massage when she was completely unclothed. Mr. McCaffrey asserts that
20 his stepdaughter suffered severe scoliosis that caused her significant pain. The massaging
21 included rubbing her buttocks and the sides of her breasts.
22 IT IS SO STIPULATED AND AGREED TO:
23 fi/ W /// Z/ _ Q JLQIéLDQE i
24 Thom. . . McCaffr / Date
52 fi/Z; ‘1011.21 ML l
27 V ictoria Charm'fl' Executive Director Date
PAGE 2 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - THOMAS M. MCCAFFREY

1 Teacher Standards and Practices Commission
2 CONCLUSIONS OF LAW
3 By engaging in the conduct in paragraph 2 above, Mr. McCaffrey engaged in Gross
4 Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(f)(sexual conduct with
5 student) as defined in OAR 584-020-0005(5); OAR 584-020-0040(4)(o) as it incorporates OAR
6 584-020-0035(3)(a)(Maintain dignity of the profession by obeying the law, exemplifying personal
7 integrity and honesty); ORS 342.143(2) and OAR 584-020-0040(3(c) and (d). The Commission
8 has the authority to impose discipline in this matter under ORS 342.120 through 342.430 and
9 OAR Chapter 584.
10 FINAL ORDER
11 Based on the foregoing:
12 1. The Commission adopts and incorporates herein the above finding of facts,
13 conclusions of law, and based thereon, revokes Thomas M. McCaffrey’s right to
14 apply for a teaching license for one year.
15 2. After having his right to apply revoked for one year, Thomas M. McCaffrey will
16 not be eligible to apply for reinstatement of his license until he obtains, at his own
17 expense, a psychosexual evaluation by a licensed psychologist subject to
18 approval by the Commission.
19 3. The psychosexual evaluation required as part of any reinstatement application is
20 in addition to any other applicable requirements allowed by the Commission’s
21 statutes and rules.
22 Issued and dated this /é fictiay of February, 2010.
23 TEACHER STANDARDS AND PRACTICES COMMISSION
24 STATE OF OREGON
25 By @é gWM \
26 Mu
27 ictoria Ch rlai ecutive Director
PAGE 3 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - THOMAS M. MCCAFFREY