1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, SURRENDER, 4 Teaching License of ) FINAL ORDER OF REVOCATION OF 5 ) RIGHT T0 APPLY FOR LICENSE 6 SHANE ADRIAN MAST ) E 9 On or about October 12, 2009, the Teacher Standards and Practices Commission 1O (Commission) received a report from the Douglas Education Service District, indicating that 1 1 Shane Adrian Mast (Mast) had been criminally charged with multiple counts of sex abuse in the 12 third degree, contributing to the sexual delinquency of a minor, and one count of furnishing 13 alcohol to a minor. Mast was acquitted of all criminal charges on July 27, 2011. 14 After review of the matters alleged, Mast and the Commission agree that their respective 15 interests, together with the public interest, are best served by a stipulation to certain facts, 16 Surrender and Revocation of Mast’s Oregon Teaching License. 17 This document sets forth the facts upon which the parties have agreed and the stipulated 1 8 sanction to be imposed. Mast stipulates that there is sufficient evidence in the Commission’s 1 9 files and records to support the findings of fact, conclusions of law, and order set forth below. 20 By signing below, Mast acknowledges, understands, stipulates, and agrees to the 21 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 22 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 23 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 24 Order of Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this 25 Stipulation and Final Order is a public document and disclosed to the public upon request by the 26 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval 27 and adoption by the Commission. If the Commission does not approve and adopt this 28 Stipulation and Final Order, then neither Mast nor the Commission are bound by the terms 29 herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION ISURRENDER — MAST, SHANE O O 1 he voluntarily, without any force or duress, enters into this Stipulation and Final Order and 2 consents t0 issuance and entry of the Stipulated Final Order below; (vi) he states that no 3 promises or representation has been made to induce him to sign this Stipulation and Final 4 Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order 5 and has been fully advised with regard to his rights thereto, or waives any and all rights to 6 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 7 entry of the Stipulated Final Order below. This Order sets forth the facts upon which the parties 8 have agreed and the sanction to be imposed. Mast stipulates that there are sufficient facts 9 contained in the Commission’s files and records to support the findings of fact and conclusions 1 0 of law set forth below. In entering into this stipulation, Mast waives the right to a hearing to 1 1 contest the findings of fact, conclusions of law and order set forth below. 12 STIPULATION OF FACTS 13 1. The Commission has licensed Mast since September 2, 2004. Mast recently held an 14 Initial I Teaching License issued May 20, 2008, that expired on May 19, 2011 and with 15 endorsements in Social Studies HS / ML and Multiple Subjects (MIDLVL). , Mast has not 16 applied for renewal of his license. 17 2. On October 12, 2009, the Commission received information from the Douglas Education 18 Service District indicating Mast had been criminally charged with multiple counts of sex 1 9 abuse in the third degree, contributing to the sexual delinquency of a minor, and one 20 count of furnishing alcohol to a minor. On July 27, 2011, Mast was acquitted of all 21 criminal charges by jury trial in Douglas County Oregon. 22 3. Mast cooperated with Commission investigators and was interviewed by the Commission 23 regarding the allegations that lead to the criminal charges. 24 4. During the course of the investigation, investigators discovered that from May 2008 to 25 June 2008 Mast exchanged an inordinate amount of text messages and phone calls with 26 a female student, the vast majority of which occurred after the student had graduated. Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION l SURRENDER — MAST, SHANE 1 On June 18, 2008, Mast became intoxicated at a bar; Mast’s roommate transported Mast 2 (unknowingly) to a female student’s residence whose parent(s) were out of town. There 3 were other students at the residence who witnessed Mast’s intoxication and behaviors 4 including Mast passing out on the floor. 5 IT IS SO STIPULATED: 6 ML 'ub O lH 7- 7 Sh- I .15- rian Mast _ Date 9 ictoria Ch -- : Weeutive Director Date 1O Teacher Standards and Practices Commission 1 1 CONCLUSION OF LAW 12 Shane Adrian Mast engaged in conversations, including inappropriate text messaging 1 3 and phone calls; with a female student regarding her personal life. Mast was present at a 14 student’s residence while under the influence of alcohol and displaying obvious signs of 1 5 intoxication. Mast’s actions were witnessed by other students and former students at the 16 residence. The homeowners (student’s parents) were not home 0r aware of this event. The 17 above conduct constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(n) as it 18 incorporates OAR 584-020—0010(5) (Use of professional judgment); OAR 584-o2o-oo4o(4)(o) 19 as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with 2O students in conduct and conversations at all times); OAR 584-020-0035(1)(c)(A) (Not 21 demonstrating or expressing professionally inappropriate interest in a students personal life), 22 and OAR 584-020-0035(3)(a) (Maintain the dignity of the profession by respecting and 23 obeying the law, exemplifying personal integrity and honesty). The Commission’s authority to 24 impose discipline in this matter is based upon ORS 342.175. 25 / / / 26 / / / 27 / / / Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION I SURRENDER — MAST, SHANE 1 ORDER 2 The Commission adopts the above Stipulation of Facts, accepts the surrender of Mast’s 3 teaching license, accepts Mast’s agreement not to reapply for licensure, and revokes right to 4 apply for the Initial I Teaching License of Shane Adrian Mast. 5' IT IS SO ORDERED this fivday of July, 2012. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 8 By: M 9 VIc oria Chamberl ' e Director ' Page 4 STIPULATION OF FACTS, ORDER OF REVOCATION / SURRENDER — MAST, SHANE CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts, Surrender, Final order of Revocation 0f Right to Apply For License, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed t0: Shane Adrian Mast PO Box 968 Drain, OR 97435-0968 +5 DATED this £5 day of July, 2012. By: . I I P Liddell I estigative Assistant m a sl, S km <1 CERTIFICATE 0F MAILING -W