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 Educator License 0f ) FINAL ORDER OF SUSPENSION

5 TIMOTHY MCDOUGALL LOVELESS )

6 On or about February 19, 2015, the Teacher Standards and Practices Commission

7 (Commission) received a report from the Oregon Department of Human Services (DHS), indicating

8 possible misconduct related to Timothy Loveless’ (Loveless) supervision of the student leadership

9 club. On April 6, 2015, the Commission received a report from Portland Public School District alleging
1 0 Loveless may have violated professional standards and local policy related to the same incident.
1 1 After review of the matters alleged, Loveless and the Commission agree that their respective
12 interests, together with the public interest, are best served by a stipulation to certain facts, and the
13 imposition of a thirty (30) day suspension of Loveless’ Oregon educator license.
14 This document sets forth the facts upon which the parties have agreed and the stipulated
1 5 sanction to be imposed. Loveless stipulates that there is sufficient evidence in the Commission’s files
16 and records to support the findings of fact, conclusions of law, and order set forth below.
17 By signing below, Loveless acknowledges, understands, stipulates, and agrees to the following:
1 8 (i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact,
19 conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights
20 to appeal 0r otherwise challenge this Stipulation of Facts and Final Order of Suspension (Stipulation
21 and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to the public
22 upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon and subject
23 to approval and adoption by the Commission. If the Commission does not approve and adopt this
24 Stipulation and Final Order, then neither Loveless nor the Commission are bound by the terms
25 herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) he
26 voluntarily, without any force or duress, enters into this Stipulation and Final Order and consents to
27 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or

28 representation has been made t0 induce him to sign this Stipulation and Final Order; and (vii) he has

Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION — TIMOTHY MCDOUGALL
LOVELESS

1 consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with
2 regard to his rights thereto, or waives any and all rights to consult with an attorney prior to entering
3 into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
4 STIPULATION OF FACTS
5 1) The Commission has licensed Loveless since June 4, 2003. Loveless holds a Professional Teaching
6 License, with an endorsement in Social Studies (PK-12), valid from November 29, 2015 through
7 January 17, 2021. During all relevant times, Loveless was employed by the Portland Public School
8 District.
9 2) On February 19, 2015, the Commission received a report forwarded from the Department of
1 O Human Services (DHS) indicating possible misconduct related to Loveless’ supervision of the
1 1 student leadership club. On April 6, 2015, the Commission received a report from Portland Public
12 School District alleging Loveless may have violated professional standards related to the same
1 3 incident.
14 For approximately two and one half years, including the 2014-2015 school year, Loveless was the
15 educator assigned to the student leadership class. Investigation determined that 0n or about
1 6 February 5, 2015, Loveless’ leadership students participated in an activity called the “Danger
17 Hike”. Loveless described the danger hike as a tradition Loveless inherited from past leadership
1 8 teachers that is designed to initiate new freshman students into the leadership class by placing
19 them in uncomfortable situations.
20 The February 5, 2015 danger hike included some events that could be defined as hazing in nature.
21 These included the following events:
22 0 Leadership upperclassmen students danced to music in a darkened classroom while the
23 freshmen were seated in chairs. The upperclassmen danced around the seated students
24 while removing layers of clothing, down to shorts and tank-top style athletic clothing.
25 Loveless was present in the classroom observing the event and failed to stop it, but he did
26 not design or plan this activity.
27 0 Leadership students entered another teacher’s health classroom. Loveless Was not present.
28 The freshmen leadership students read excerpts selected by the upperclassmen from a sex
29 education book to the health class. The readings included topics on anal sex, progressions
3O of a sexual relationship, and the effect of marriage 0n a sexual relationship. At the end 0f
31 the readings, the health class was asked t0 vote on which student gave the best reading.
32 Loveless was aware of the planned activity for students to read passages that were sexual in
33 nature to the health class, but he was not aware of the particular passages the leadership
34 upperclassmen students selected and was not present during the readings.
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION — TIMOTHY MCDOUGALL
LOVELESS

1 - The danger hike finale ends with a “Unity Drink” ritual. Loveless mixed a variety of
2 ingredients, including white vinegar; grape juice; cinnamon; soy sauce; molasses; cayenne
3 pepper; and salad dressing. While dressed in a black robe in a darkened classroom,
4 Loveless addressed the students in a solemn ritual like manner and had the students drink
5 the mixture while toasting to “Leadership”.
6 Loveless cooperated fully with both the district and Commission investigations. Loveless explained
7 that the Danger Hike was intended to foster teamwork, build unity, and prepare the students for
8 difficult leadership roles. Loveless admitted that he had failed to properly supervise the student
9 led planning and development of the events, allowed a power imbalance to exist that might have
1O made students feel pressured t0 participate even though the events were intended to be voluntary,
1 1 and failed to intervene once he had observed some events getting out of hand. The school district
12 issued Loveless a written reprimand including a five day suspension.
1 3
14
15 IT I O STIPULATED:
I » .
1e —’ M 6t,‘ 8 20 (7
17 i y Mc ougall L e ss Date
18 £2 1M“, .5" /7 .7 /7
19 Dr. Monica Beane, Executive Director Date
20 Teacher Standards and Practices Commission
21
22 CONCLUSIONS OF LAW
23 The above described conduct that Timothy McDougall Loveless engaged in constitutes gross
24 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR
25 584-020-001o(1) (Recognize the worth and dignity 0f all persons and respect for each individual),

. 26 OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0015(2)(e) (Skill in the selection
27 and use of teaching techniques conducive to student learning), and OAR 584-02o-oo2o(2)(d)(SkilI in
28 the supervision of students).

29 The Commission’s authority t0 impose discipline in this matter is based upon ORS 342.175.
3O ///
31 ///
32 ///
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION —— TIMOTHY MCDOUGALL
LOVELESS

2 ORDER
3 The Commission hereby adopts and incorporates herein the above stipulation of facts,
4 conclusions of law, and based thereon hereby imposes a thirty (30) day suspension upon Loveless’
5 Oregon educator license as follows:
6 Timothy McDougall Loveless’ Oregon educator license is hereby suspended for thirty (30) days
7 following the adoption of this order.
8
9 IT IS SO ORDERED this fiay of June, 2017.
1 0 TEACHER STANDARDS AND PRACTICES COMMISSION
1 1 _
12 By: :22 Zglgiép @Z 2 I
13 Dr. Monica Beane, Executive Director
Page 4 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION — TIMOTHY MCDOUGALL
LOVELESS