1 BEFORE THE TEACHIS STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STlPULATlON OF FACTS 4 Teaching License of ) AND 5 JERRY JOSEPH ACKERMAN ) FINAL ORDER OF REPRIMAND 6 On October 23, 2008, the Teacher Standards and Practices Commission (Commission) 7 received a report from Mark Moser, Human Resources Administrator, Beaverton School District, 8 reporting that Ackerman may have violated OAR 585-020-0040(4)(e). 9 Mr. Ackerman fully cooperated with the Commission's investigation. After review of the 10 matters alleged, Mr. Ackerman and the Commission agree that their respective interests, together 11 with the public interest, are best served by a stipulation to certain facts and a public reprimand. 12 This document sets forth the facts upon which the parties have agreed and the stipulated 13 sanction to be imposed. Mr. Ackerman stipulates that there is sufficient evidence in the Commission’s 14 files and records to support the findings 0f fact, conclusions of law, and order set forth below. 15 By signing below, Mr. Ackerman acknowledges, understands, stipulates, and agrees to the 16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of 17 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 18 rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Reprimand 19 (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to 20 the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon 21 and subject to approval and adoption by the Commission. if the Commission does not approve and 22 adopt this Stipulation and Final Order, then neither Mr. Ackerman nor the Commission are bound by 23 the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; ‘ 24 (v) he voiuntariiy, without any force or duress, enters into this Stipulation and Final Order and 25 consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or 26 representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he has 27 consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with 28 regard to his rights thereto, or waives any and all rights to consult with an attorney prior to entering Page 1 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - ACKERMAN 1 into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This 2 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. Mr. 3 Ackerman stipulates that there are sufficient facts contained in the Commission’s files and records to 4 support the findings of fact and conclusions of law set forth below. In entering into this stipulation, Mr. 5 Ackerman waives the right to a hearing to contest the findings of fact, conclusions of law and order set 6 forth below. 7 STIPULATION OF FACTS 8 1. The Commission has licensed Mr. Ackerman since December 5, 1995. Mr. Ackerman 9 currently holds an Initial l Teaching License valid April 23, 2007 through April 22, 2010, with an 10 endorsement in Physical Education, authorized to teach pre-kindergarten through eighth grade, 11 middle level and high school. 12 2. Mr. Ackerman is employed at the Chehalem Elementary School in the Beaverton School 1 3 District. 14 3. During the 2007-2008 school-year, administrators at Chehalem Elementary School began 15 receiving reports from coworkers regarding Ackerman’s interactions with students and staff. 16 Ackerman reportedly routinely used improper and disrespectful speech in reference to coworkers and 17 observable displays of frustration. 18 4. On October 16. 2008 the Mr. Ackerman received a letter of reprimand from the school 19 district that concluded his behavior contributed to a work place that is hostile and intimidating for 20 students and staff. 21 /// 22 /// 23 ll/ 24 /// 25 /// 26 /// Page 2 - STIPULATION OF FACTS AND FlNAL ORDER OF REPRIMAND - ACKERMAN 1 5. Mr. Ackerman was subsequently placed on administrative leave and directed to seek 2 counseling. Mr. Ackerman completed counseling and stress management training and was cleared to 3 return to work on January 6, 2009. As a condition of continued employment, Mr. Ackerman is 4 required to provide the Beaverton School District with monthly updates from his health care provider 5 regarding his fitness for duty. 6 IT IS SO STIPULATED AND AGREED T0: 7 s %h AQM 5" / 6 — fl ‘7 9 osep Ackerman Date 1o f" ‘ , . 11 CW 543/99 12 Victoria Cham r ' xecutive Director Date 13 Teacher Standards and Practices Commission 14 CONCLUSIONS 0F LAW 15 During the 2007-2008 school year Jerry Joseph Ackerman created a hostile and intimidating 16 work environment. This conduct constitutes Gross Neglect of Duty in violation of OAR 584-020- 17 0040(4)(e). The Commission has the authority to impose discipline in this matter under ORS 342.120 18 through 342.430 and OAR Chapter 584. 19 FINAL ORDER 20 The Commission adopts and incorporates herein the above finding of facts, conclusions of 21 law, and based thereon, imposes a Public Reprimand on Jerry Joseph Ackerman. This Order shall 22 serve as the Public Reprimand. 23 Issued and dated this fl day of August, 2009. 24 TEACHIS STANDARDS AND PRACTICES COMMISSION 25 STATE OF OREGON 26 $8” ‘71,2124 ' 27 swig/41 / my 28 Victoria Ch -' I ‘W xecutive Director 29 [Accnt ID: 81556] Page 3 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - ACKERMAN