1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS
4 Teaching License of ) AND FINAL ORDER OF REVOCATION 1
5 MARSHALL H. PRICE ) OF LICENSURE
6 The Teacher Standards and Practices Commission (Commission) received a report from
7 a school district and a patron complaint indicating Price may have engaged in conduct
8 constituting gross neglect of duty and/ or gross unfitness.
9 After review of the matters alleged, Price and the Commission agree that their respective
1 O interests, together with the public interest, are best served by a stipulation t0 certain facts and
1 1 Revocation of Price’s Oregon teaching license.
12 This document sets forth the facts upon which the parties have agreed and the stipulated
13 sanction to be imposed. Price stipulates that there is sufficient evidence in the Commission’s
14 files and records to support the findings of fact, conclusions of law, and order set forth below.
15 In entering into this stipulation, Price waives the right to a hearing to contest the findings of
16 fact, conclusions of law and order set forth below.
17 By signing below, Price acknowledges, understands, stipulates, and agrees to the
18 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 of Revocation of Licensure (Stipulation and Final Order); (ii) this Stipulation and Final
22 Order is a public document and disclosed to the public upon request by the Commission; (iii)
23 this 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 Price nor the Commission are bound by the terms herein; (iv) he has fully read this
i 26 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any force
27 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the
Page 1 STIPULATION OF FACTS AND REVOCATION OF LlCENSURE- PRICE, MARSHALL

1 Stipulated Final Order below; (vi) he states that no promises or representation has been made to
2 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney
3 regarding this Stipulation and Final Order and has been fully advised with regard t0 his rights
4 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.
6 STIPULATION OF FACTS
7 1. The Commission has licensed Price since July 1, 1970. Price currently holds a Standard
8 Teaching License with an endorsement in Standard Music (018), issued March 16, 2009,
9 that expires on March 15, 2014. During the complaint time frames of 2007 — 2010, Price
1O was employed by the Corvallis School District and during the time span of 1971 — 1974
1 1 Price was employed by the Oakland School District.
12 2. On or around October of 2010, Price met with a former student, AM an adult who had
13 graduated the prior school year. During the meeting Price made the comment to AM, “If
14 there were not any students around I would lay a smack on your lips”. Price explained
15 that he said this after AM disclosed repercussions she experienced from her family and
16 church for coming out as a lesbian, as he was proud of her for standing up for herself. As
17 part of an ensuing investigation AM disclosed to investigators that Price had made
18 similar comments to her while she was still a student in prior years, approximately 2007
19 — 2009. AM advised that Price had said to her “If I was younger I would kiss you”. Price
2O explained that he had said this to make her feel better because someone had just broken
21 up with her. Price’s actions resulted in the Corvallis School District issuing Price a
22 written reprimand and mandated sexual harassment and boundaries training.
23 3. In and around 1974, patron JRC was both a student of Price’s and employed by Price as a
24 babysitter/housecleaner. J RC was then approximately 17 years old and a student in the
25 Oakland School District where Price worked as a teacher. During this time frame, Price
26 made sexual advances toward J RC, including kissing and sexually fondling J RC. Price
Page 2 STlPULATION OF FACTS AND REVOCATION OF LlCENSURE- PRICE, MARSHALL

1 waited until J RC turned age 18, and then engaged in sexual intercourse with her. During
2 this time 0f continuing sexual intercourse, J RC was still a student.
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9 l lctoria Ch . o >- - ' - , w ecutive Director Date

10 Teacher Standards and Practices Commission

1 1 / / /

12 / / /

13 / / /

14 CONCLUSION OF LAW

15 Marshall Price engaged in unprofessional conduct as described in paragraph two (2)

16 above. This conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR

17 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional judgment);

18 OAR 584-020-o4o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring

19 appropriate adult boundaries with students in conduct and conversations at all times); and

20 OAR 584-020-oo4o(4)(l) (Sexual harassment).
1 Marshall Price engaged in unprofessional conduct as described in paragraph three (3)

I 22 above. This conduct constitutes gross neglect of duty and gross unfitness in violation of ORS

23 342.175(1)(b)(1973) (Gross Neglect of Duty) and ORS 342.175(1)(c)(1973) (Any Gross

24 Unfitness).

25 The Oommission’s authority to impose discipline in this matter is based upon ORS

26 342.175.

27 / / /

Page 3 STIPULATION OF FACTS AND REVOCATION OF LICENSURE- PRICE, MARSHALL

1 ORDER
2 The Commission adopts the above Stipulation of Facts and permanently revokes
3 Marshall Price’s teaching license.
4 It is further stipulated and ordered that Price agrees not to reapply for a Commission
5 license in the future.
6 IT IS SO ORDERED this fl day of February, 2013.
7 TEACHER STANDARDS AND PRACTICES COMMISSION
8 g a; g é i‘
9 By: M)
1O 1ct0ria Cham xecutive Director
I Page 4 STIPULATION OF FACTS AND REVOCATION OF LlCENSURE- PRICE, MARSHALL