1 BEFORE THE TEACHER SI‘ AN DARDS AND PRACI'ICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter 0f the ) STIPULATION OF FACI'S AND 4 Educator License of ) FINAL ORDER 0F REVOCATION 5 DOUGLAS HOFMEISTER ) OF LICENSURE 6 0n or about October 3, 2012, the Teacher Standards and Practices Commission 7 (Commission) received a report from the Forest Grove School District, indicating that licensed 8 educator, Douglas Hofineister (Hofmeister), may have committed acts which constitute 9 unprofessional conduct. i 1 O After review of the matters alleged, Hofmeister and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to certain 12 facts, and the revocation of Hofmeisters Oregon educator license. 13 This document sets forth the facts upon which the parties have agreed and the stipulated 1 4 sanction to be imposed. Hofmeister stipulates that there is sufficient evidence in the 15 Commission’s files and records to support the findings of fact, conclusions of law, and order set 1 6 forth below. 17 By signing below, Hofmeister 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 Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this l 22 Stipulation and Final Order is a public document and disclosed to the public upon request by the 23 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval 24 and adoption by the Commission. If the Commission does not approve and adopt this 25 Stipulation and Final Order, then neither Hofmeister nor the Commission are bound by the 26 terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it 27 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final 28 Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION — HOFMEISTER, DOUGLAS WAYNE l 1 no promises or representation has been made to induce him to sign this Stipulation and Final 2 Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order 3 and has been fully advised with regard to his rights thereto, or waives any and all rights t0 4 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 5 entry of the Stipulated Final Order below. In entering into this stipulation, Hofrneister waives 6 the right to a hearing to contest the findings of fact, conclusions of law and order set forth below. 7 STIPULATION 0F FACTS 8 1. The Commission has licensed Hofrneister since August 9, 19:53’.r Hofmeister currently 9 holds a Standard Teaching License with an endorsement in Standard Physical Education 1 0 (018), issued July 14, 2010, and expires on July 13, 2015. During all relevant times, 1 1 Hofrneister was employed by the Forest Grove School District. 12 2. During the period May 2012 and July 2012, Hofrneister exchanged inappropriate 13 communications with a 17 year old female student, including sending the student a 14 friend request on Facebook and messages indicating that she was “hot” and he wished he 15 were 18 and still in high school and that then she could be his girl. Hofrneister 16 apologized to the student for the communications and removed all students as friends on 1 7 Faoebook. 18 3. On or about September 24, 2012, Hofrneister was questioned about the communications 19 by the District. Hofrneister was honest and cooperated in the Districts investigation, 2O including providing the District with a copy of the messages. 21 4. Hofrneister retired from his employment with the District on September 27, 2012. 22 IT IS SO STIPULATED: 23 n/taethif I;_‘”} //'95-/3 24 D 1;‘ W? i 1ste Date 2 %%fi 31/1 [Q 'i/r /fi 2 ‘Victoria "Executive Director Date 27 Teacher Standar and Practices Commission 28 29 Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION — HOFMEISTER, DOUGLAS WAYNE 1 CONCLUSION 0F LAW 2 Douglas Hofrneister engaged in unprofessional conduct as described above. This conduct 3 constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) 4 as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 584-020- 5 oo4o(4)(o) as is incorporates OAR 584~020-0035(1)(c)(A) (Not demonstrating or expressing 6 professionally inappropriate interest in a student's personal life), OAR 584-020-0035(1)(c)(B) 7 (Not accepting or giving or exchanging romantic or overly personal gifts or notes with a 8 student), OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in 9 conduct and conversation at all times); and OAR 584-020-004o(4)(f) (Any sexual conduct with 10 a student), , as defined in ORS 339.370(9) and OAR 584-o2o-ooo5(5). 1 1 ORDER 12 The Commission adopts the above Stipulation of Facts, and revokes the educator license 13 of Douglas Hofrneister. 14 IT IS SO ORDERED this Ln day of November, 2013. 1 5 TEACHER STANDARDS AND PRACTICES COMMISSION 16 ( 17 WW 18 1ctoria Chamb a , ecutive Director Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION — HOFMElSTER, DOUGLAS WAYNE l