1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION AND
4 Teaching License of ) FINAL ORDER OF REPRIMAND
5 ERIC ALAN SMITH ) AND PROBATION
g On or about March 24, 2008, the Teacher Standards and Practices Commission
8 (Commission) received a report indicating possible inappropriate conduct by Eric Alan
9 Smith (Smith), an educator in the Medford School District.
10 After review of the matters alleged, Mr. Smith and the Commission agree that
11 their respective interests, together with the public interest, are best served by a
12 stipulation to certain facts and the imposition of a Public Reprimand and four-year
13 probation on Mr. Smith's Standard Teaching License. ,
14 By signing below, Mr. Smith acknowledges, understands, stipulates, and agrees
15 to the following: (i) he has been fully advised of his rights to notice and a hearing to
16 contest the findings of fact, conclusions of law, and order set forth below, and fully and
17 finally waives all such rights and any rights to appeal or otherwise challenge this
18 Stipulation and Final Order of Suspension and Probation (Stipulation and Final Order);
19 (tii) this Stipulation and Final Order is a public document and disclosed to the public upon
20 request to the Commission; (iii) this Stipulation and Final Order is contingent upon and
21 subject to approval and adoption by the Commission. If the Commission does not
22 approve and adopt this Stipulation and Final Order, then neither Mr. Smith nor the
23 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and
24 Final Order, and understands it completely; (v) he voluntarily, without any force or
25 duress, enters into this Stipulation and Final Order and consents to issuance and entry
26 of the Stipulated Final Order below; (vi) he states that no promise or representation has
27 been made to induce him to sign this Stipulation and Final Order; and (vii) he has
28 consulted with an attorney regarding this Stipulation and Final Order and has been fully
Page 1 STIPULATION AND ORDER OF REPRIMAND a PROBATION - SMITH

1 advised with regard to his rights thereto, or waives any and all rights to consult with an
2 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
3 the Stipulated Final Order below; (viii) Mr. Smith denies the allegations but stipulates
4 that the Commission has sufficient evidence in its files from which it makes the
5 findings of fact below:.
6 FINDINGS OF FACT
7 1. The Commission has licensed Mr. Smith since September 11, 1978. Mr. Smith currently
8 holds a Standard Teaching License with a Standard Music endorsement, issued
9 November 3, 2006 and valid until November 2, 2011. During all relevant times Mr. Smith
10 was employed as a music teaching in the Medford School District.
11 2. During the 2007-2008 school year Mr. Smith hugged, then kissed a seven year old
- 12 female student on the back of the neck. ,
13 IT IS SO STIPULATED:
1;‘ f. ~ 1.1M #111770
16 Eri T-‘Tfl mith _ , Date
12 Mo ,1”. 4.4 .. 401% r/Q
19 t i oria Cham- a xecutive Director Date
20 Teacher Standards and Practices Commission
21 CONCLUSION OF LAW
22 Mr. Smith's conduct toward a female student in one of his classes constitutes gross
23 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(0) as it incorporates
24 OAR 584-020-0035(1)(c)(D)(Honoring appropriate adult boundaries with students in conduct
25 and conversations atail times); and OAR 584-020-0040(n) as it incorporates OAR 584-020-
26 001 0(5) (Use of professional judgment).
27 ///
28 /// ‘
Page 2 STIPULATION AND ORDER OF REPRIMAND a PROBATION - SMITH

1 ORDER
2 The Commission adopts and incorporates herein the above findings of fact and
3 conclusions of law, and based thereon, imposes a Public Reprimand on Mr. Eric Smith's
4 Standard Teaching License. '
‘ 5 Furthermore, the Commission places Mr. Smith on probation for a period of tour
6 (4) years from the date ot this order subject to the following terms and conditions:
7 1. Mr. Smith will submit documentation that he has undergone an evaluation by
8 a mental health professional acceptable to the Commission. The evaluator
9 provided a written report to the Commission attesting that: (a) Mr. Smith is fit
10 to work with children and teenagers, and (b) that Mr. Smith understands
11 appropriate teacher student boundaries. Mr. Smith shall, at his own initiative
' 12 and expense, comply with treatment and/or counseling recommended by the
13 individual who completed the evaluation described above. Mr. Smith shall
14 authorize and sign any consent forms necessary for the treatment provider or
15 counselor to furnish records to ordiscuss Mr. Smith's treatment with the
16 Commission.
17 2. During the period of this probation, Mr. Smith shall submit reports of his
18 compliance with any recommended treatment plan to the Executive Director
19 annually.
20 3. Mr. Smith shall comply with the Standards for Competent and Ethical
21 Performance of Oregon Educators under Oregon Administrative Rules .
22 Chapter 584, Division 020.
23 i/
24 i/
25 //
Page 3 STIPULATION AND ORDER OF REPRIMAND a PROBATION - SMITH

1 Failure to comply with these terms constitutes an independent basis for the
2 Commission to revoke Mr. Smith's license or otherwise impose discipline, after first
3 providing him with notice and opportunity for hearing.
4 Issued and dated this 41 1 ‘day of February , 2011.
5 TEACHER STANDARDS AND PRACTICES COMMISSION
6 STATE OF OREGON
7 MM A
8 By W0
9 Vi ria Chamb aIn, Executive Director
Page 4 STIPULATION AND ORDER OF REPRIMAND a PROBATION - SMITH