1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACl'S AND 4 Educator License 0f ) FINAL ORDER OF SUSPENSION 5 BRADFORD LEE DALTON ) AND PROBATION 6 On or about September 17, 2013, the Teacher Standards and Practices Commission 7 (Commission) received a report from the Astoria School District alleging that Bradford Lee Dalton 8 (Dalton) had violated Professional Standards and Practices. 9 After review of the matters alleged, Dalton and the Commission agree that their respective 1O interests, together with the public interest, are best served by a stipulation to certain facts, the 1 1 imposition of a 6o day suspension of educator license, and a two (2) year period of probation. 12 This document sets forth the facts upon which the parties have agreed and the stipulated 13 sanction to be imposed. Dalton stipulates that there is suflicient evidence in the Oommission‘s files 14 and records to support the findings of fact, conclusions of law, and order set forth below. 15 By signing below, Dalton acknowledges, understands, stipulates, and agrees to the following: 16 (i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact, 17 conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights 18 to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and 19 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and 20 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 21 contingent upon and subject to approval and adoption by the Commission. If the Commission does 22 not approve and adopt this Stipulation and Final Order, then neither Dalton nor the Commission are 23 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it 24 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Order 25 and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises 26 or representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he 27 has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised 28 with regard to his rights thereto, or waives any and all rights to consult with an attorney prior to Page 1 STIPULATION OF FACTS, 60 DAY $USPENSION- BRADFORD LEE DALTON 1 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 2 below. 3 STIPULATION OF FACI‘ S 4 1) Dalton has been licensed as an Educator in Oregon since August 20, 2003. Dalton holds an Initial 5 I Teaching License, with endorsements in Advanced Mathematics (HS, ML), Chemistry (HS, ML), 6 Physical Education (ML/ HS), and Multiple Subjects (MIDLVL); valid December 10, 2012, thru 7 December 9, 2015. During all relevant times, Dalton was employed by the Astoria School District. 8 2) 0n August 25, 2013, Dalton was arrested on charges stemming from a domestic corporal 9 punishment incident between Dalton and his then 11 year old daughter, SD, which occurred at 10 Dalton’s residence on July 30, 2013. Dalton’s daughter, SD, was in private school at the time of 1 1 the incident, but is currently attending school in the Astoria School District. While the incident did 12 not result in bruising, Dalton’s physical contact caused redness to his daughter’s shoulders and 1 3 buttocks. 14 3) Dalton was originally charged with Assault IV (ORS 163.160) and Strangulation (ORS 163.187), 15 both class C felonies. Dalton acknowledged spanking his daughter, but denied assaulting or 16 strangling her. The State and Dalton agreed to enter into a plea agreement on November 13, 2013, 17 in which the State dropped all felony charges and Dalton plead guilty to Assault IV , a class A 18 misdemeanor, stating that “I recklessly caused physical injury (impairment) to my daughter [* * *] 19 when she hit her back on a table in kitchen.” Dalton was sentenced to eighteen months’ probation 20 with requirements to participate in assessments and treatment as directed. 21 22 4) Dalton successfully completed required assessments and treatment program. Dalton continues to 23 participate in family counseling. 24 5) Dalton has no known history of anger management problems in the classroom or prior domestic 25 violence. 26 27 1 28 Page 2 STIPULATION OF FACTS, 6O DAY SUSPENSION- BRADFORD LEE DALTON 1 IT IS SO STIPULATED: 2 arise/1 M 3 Bra ‘mu-e Dalt / I . Date 4 MZ’/4111.21./1 r 2 3/7213’ 5 ctoria Cham - Y am, ecutive Director Date 6 Teacher St I u rds and Practices Commission 7 CONCLUSIONS 0F LAW 8 Bradford Lee Dalton’s conduct described in sections two and three above constitutes gross 9 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(0) as it incorporates OAR 1O 584-020-0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the law, 1 1 exemplifying personal integrity and honesty). This conduct also constitutes gross unfitness in 12 violation of ORS 342.175(1)(c); OAR 584-o2o-oo4o(5)(c) (Conviction of violating any federal, state, 13 or local law. A conviction includes any final judgment of conviction by a court whether as the result 14 of guilty plea, no contest plea or any other means), and OAR 584-020-0040(5)(e) (Admission of or 15 engaging in acts constituting criminal conduct, even in the absence of a conviction). 16 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 1 7 ORDER 18 The Commission hereby adopts and incorporates herein the above stipulation of facts, 19 conclusions of law, and based thereon hereby imposes a 60 day suspension upon Dalton’s Educator 20 License as follows: 21 Bradford Lee Dalton’s Educator License is hereby suspended for 60 days following the 22 adoption of this order. 23 Furthermore, the Commission imposes a period of two years of probation upon Dalton to 24 commence upon reinstatement of his license and subject to the following terms and conditions of 25 probation: 26 1. Dalton shall comply with the Standards for Competent and Ethical Performance of Oregon 27 Educators under Oregon Administrative Rules Chapter 584, Division 020. 28 2. Dalton will continue to participate in any ongoing counseling recommended by his current ‘ 29 provider. Page 3 STIPULATION OF FACTS, 60 DAY SUSPENSION- BRADFORD LEE DALTON 1 2 Violation of any term or condition of probation shall constitute an independent basis for the 3 Commission to revoke Dalton’s educator license or otherwise impose discipline, after first providing 4 Dalton with notice and opportunity for heating. 5 6 7 rr 1s so ORDERED this flay of M50 Ad 8 TEACHER STAN DARDS AND PRACFICES COMMISSION 9 ‘ Z g i . 1 O By: 11 Victoria Chamberl ' , utive Director Page 4 STIPULATION OF FACTS, 60 DAY SUSPENSION- BRADFORD LEE DALTON CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension and Probation, certified by me as such, by mailing US First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Bradford Lee Dalton 165 Kensington Ave Astoria, OR 97103-6416 DATED this [8%ay of November, 2015. i‘ / By: P i ell I estigative Assistant Certificate of Mailing — Bradford Lee Dalton Data Classification Level: l - Published DO: Liddell