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 5 DAVID LESTER NEESE ) PUBLIC REPRIMAND g On 0r about October 5, 2013, the Teacher Standards and Practices Commission 8 (Commission) received a report from the Klamath County School District indicating that 9 David Lester Neese (Neese) had violated professional standards. 10 After review of the matters alleged, Neese and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation t0 12 certain facts, and the imposition of a Public Reprimand. 13 By signing below, Neese acknowledges, understands, stipulates, and agrees to the 14 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 15 findings of fact, conclusions of law, and order set forth below, and fully and finally 16 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 17 Facts and Final Order of Public Reprimand (Stipulation and Final Order); (ii) this 18 Stipulation and Final Order is a public document and disclosed to the public upon 19 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 20 subject to approval and adoption by the Commission. If the Commission does not 21 approve and adopt this Stipulation and Final Order, then neither Neese nor the 22 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 23 Final Order, and understands it completely; (v) he voluntarily, without any force or 24 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 25 the Stipulated Final Order below; (vi) he states that no promise or representation has 26 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 28 advised with regard to his rights thereto, or waives any and all rights to consult with an 29 attorney prior to entering into this Stipulation and Fina] Order and issuance and entry of 30 the Stipulated Final Order below. 31 STIPULATION OF FACT S 32 1. The Commission has licensed David Lester Neese since October 1, 2004. Neeses 33 current Initial II Teaching License with an endorsement in Agriculture Science 34 and Technology (HS, PTE), is valid from April 10, 2012, through April 9, 2015. Page 1 STIPULATION 0F FACTS AND FINAL ORDER OF REPRIMAND- DAVID LESTER NEESE 1 During all relevant times, Neese was employed by the Klamath County School 2 District. 3 2. On October 7, 2013, while operating a school bus containing ten students 4 returning from a fieldtrip, Neese allowed himself to become distracted, which 5 resulted in a traffic accident. While operating the school bus at approximately 45 6 miles per hour, Neese drove the bus into the ditch along the shoulder of the 7 roadway. This caused damage to the bus and a fence. Neese was able t0 remove B the bus from the ditch and complete the transport, and no injuries were reported 9 at that time. 1 0 1 1 IT IS’ SO STIPULATEL'. 12 gay” a W 6151/5’ 33 Davrd er Neese Date :4 ' “ 15 4M0 é'oli' /$ 16 Victoria Chamberl , xecutive Director Date 17 Teacher Standards and Practices Commission 18 19 CONCLUSION 0F LAW 20 On or about February 27, 2014, Neese violated professional standards as 21 described above. This conduct constitutes gross neglect of duty in violation of ORS 22 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 23 professional judgment), and OAR 584-020-0025(2)(e)(Using district lawfirl and 24 reasonable rules and regulations). 25 26 The Commission’s authority to impose discipline in this matter is based upon 27 ORS 342.175. 28 //l' 29 /// 3° /// 31 /// Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- DAVID LESTER NEESE 1 ORDER 2 The Commission hereby adopts and incorporates herein the above findings of fact, 3 conclusions of law, and based thereon hereby irnposes a public reprimand upon Neese’s 4 educators license. B? V 1 L‘ ._/ 5 Issued and dated this 5 day of , 204i. 6 TEACHER STANDARDS PRACTICES COMMISSION 7 STATE OF RECON 8 M t 9 B‘ , M.) 10 Victoria Charn ' ', Executive Director Page 3 STIPULATION OF FACTS AND FINAL ORDER 0F REPRIMAND- DAVID LESTER NEESE CERTIFICATE OF MAILING l HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Public Reprimand, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: David Lester Neese 975 SW l-Iill Drive Willamina, OR 97396-2827 DATED this 3Q Hiiay of July, 2015. By: , 7 4 d" M (g tty Liddell ' Investigative Assistant Certificate of Mailing — David Lester Neese Data Classification Level: Either 2- Published 0r 3 — Confidential DO: Liddell