1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS AND
4 Teaching License of ) FINAL ORDER OF REPRIMAND
5 GERALD DALE HOLLIS )
‘75 On or about January 13, 2010, the Teacher Standards and Practices Commission
8 (Commission) received a report from the Bend-LaPine School District, indicating Gerald
9 Dale Hollis (Hollis), acted aggressively and put a physical hold on a student.
1O After review of the matters alleged, Hollis and the Commission agree that their
1 1 respective interests, together with the public interest, are best served by a stipulation to
12 certain facts, and the imposition of a Public Reprimand on Hollis’s Standard Teaching
1 3 License.
14 By signing below, Hollis acknowledges, understands, stipulates, and agrees to the
1 5 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
16 findings of fact, conclusions of law, and order set forth below, and fully and finally
17 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
18 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation
19 and Final Order is a public document and disclosed to the public upon request to the
20 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to
21 approval and adoption by the Commission. If the Commission docs not approve and
22 adopt this Stipulation and Final Order, then neither Hollis nor the Commission are
23 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and
24 understands it completely; (v) he voluntarily, without any force 0r duress, enters into
25 this Stipulation and Final Order and consents to issuance and entry of the Stipulated
26 Final Order below; (vi) he states that no promise or representation has been made to
27 induce her to sign this Stipulation and Final Order; and (vii) he has consulted with an
28 attorney regarding this Stipulation and Final Order and has been fully advised with
Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND — HOLLIS, GERALD DALE

1 regard to his lights thereto, or waives any and all rights t0 consult with an attorney prior
2 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated
3 Final Order below. '
4 STIPULATION OF FACT S
5 1. The Commission has licensed Hollis since May 19, 2003. Hollis currently holds a
6 Limited Teaching License, with an endorsement in ROTC (pp-12), issued on May 20,
7 2009, and valid until May 19, 2012. During all relevant times, Hollis was employed by
8 the Bend-La Pine School District.
9 2. On or about December 2, 2009, Hollis placed a male student in what the student
1O described as a choke hold. Hollis denied that it was a choke hold. After the
1 1 student requested that Hollis release him, Hollis complied. Witnesses report that
12 Hollis then told the student to “get the hell out of here” 0r words to that effect.
1 3 Witnesses report that Hollis was angry and engaged in this conduct following the
14 student’s questioning of pushups that Hollis was performing.
15 3. Following the above described incident, the district interviewed students
16 regarding Hollis’ behavior. Students reported that Hollis engaged in pinching
17 students, twisting ears, grabbing and lifting students by their belts, swatting
18 students in the back of the head, twisting male students’ nipples, grabbing the
19 underwear of male students and pulling upward. Students report that this
20 conduct occurred both in a playful manner and as a means of redirecting
21 behavior or getting students’ attention.
22 4. Students reported that Hollis wrestled with them. At times such wrestling has
23 resulted in injury to students such as; testicle grabs, scratches, and ripped
24 clothing.
25 5. Students also reported that Hollis used inappropriate language and vulgarities
26 when speaking with them.
27 IT IS SO STIPULATED:
52 ,._j.£'m-Lk_ L.‘ Md
3O G - f’: Dale Hollis V / Date
2; JJJ lMM/JJ i112;
33 1ct0ria Cha , u 17in .' ecutive Director Date
34 Teacher Standards and Practices Commission
Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND - HOLLIS, GERALD DALE

1 CONCLUSION OF LAW

2 Gerald Dale Hollis placed a student in an aggressive hold and yelled at him. This

3 conduct constitutes gross neglect of duty in violation 0f ORS 342.175(1)(b); OAR 584-020-

4 oo4o(4)(n) as it incorporates OAR 584-020-001o(1) (Recognize the worth and dignity of all

5 persons and respect for each individual), OAR 584-020-0010(5) (Use 0f professional

6 judgment), OAR 584-020-0020(2)(d)(Skill in the supervision of students), OAR 584-020-

7 oo4o(4)(d) (Unreasonable physical force against students, fellow employees, or visitors to the

8 school, accept as permitted under ORS 339.250).

9 Hollis’ rough housing with students constitutes gross neglect of duty in violation of ORS
10 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-o2o-oo1o(1) (Recognize
1 1 the worth and dignity 0f all persons and respect for each individual), OAR 584-020-0010(5)
12 (Use professional judgment), OAR 584-020-0020(2)(d)(Skill in the supervision of students),
13 OAR 584-020-oo4o(4)(d) (Unreasonable physical force against students, fellow employees, 0r
14 visitors to the school, except as permitted under ORS 339.250).
15 Hollis’ wresting with students constitutes gross neglect 0f duty in violation of ORS
16 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(1) (Recognize
17 the worth and dignity of all persons and respect for each individual), OAR 584-020-0010(5)
18 (Use professional judgment), OAR 584-020-0020(2)(d)(Skill in the supervision of students),
19 OAR 584-020-0040(4)(d) (Unreasonable physical force against students, fellow employees, or
20 visitors to the school, except as permitted under ORS 339.250).
21 Hollis’ use of inappropriate language with students constitutes gross neglect of duty in
22 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-
23 0010(1) (Recognize the worth and dignity 0f all persons and respect for each individual), OAR
24 584-020-001o(5) (Use professional judgment), OAR 584—o20-0020(2)(d)(Skill in the
25 supervision of students), OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-
26 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and

Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND - HOLLIS, GERALD DALE

1 conversations at all times), and OAR 584-02o-oo4o(4)(d) (Unreasonable physical force
2 against students, fellow employees, or visitors to the school, except as permitted under ORS
3 339.250).
4 ORDER
5 The Commission adopts and incorporates herein the above findings of fact and
6 conclusions of law, and based thereon, imposes a Public Reprimand on Gerald Dale
7 Hollis’ Limited Teaching License. w
8 Issued and dated this Jfln day om.
9 TEACHER STANDARDS AND PRACTICES COMMISSION
10 STATE OF OREGON
11 Z % g Z é 2 ’ E
1 2 By
13 Vic ria hamberl ' cutive Director
Page 4 STIPULATION OF FACTS AND ORDER OF REPRIMAND — HOLLIS, GERALD DALE