1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS, ORDER OF

4 Teaching License of: ) SUSPENSION, AGREEMENT

g DANIEL P. BAXTER ) NOT TO REAPPLY

7 On or about September 10, 2008, the Teacher Standards and Practices Commission

8 (Commission) received a report indicating that Mr. Baxter may have engaged in conduct

9 constituting gross neglect of duty.
10 The Commission charged Mr. Baxter with gross neglect of duty and issued a Notice of
11 Opportunity for Hearing on March 6, 2009. After review of the matters alleged, Mr. Baxter and
12 the Commission agree that their respective interests, together with the public interest, are best
13 sewed by a stipulation to certain facts, the suspension of his license for one year and an
14 agreement that Mr. Baxter will not reapply for a license when his current Iicense expires or at
15 any future time.
16 By signing below, Mr. Bax-ter acknowledges, understands, stipulates, and agrees to the
17 following: (i) he has been fuIly advised of his rights to notice and a hearing to contest the
18 findings of fact, conclusions of law, and order set forth beIow, and fulIy and finally waives all
19 such rights and any rights to appeaI or othenuise challenge this Stipulation of Facts and Final
20 Order of Revocation of Right to Apply (Stipulation and Final Order); (ii) this Stipulation and Final
21 Order is a puinc document and disclosed to the public upon request by the Commission;
22 (iii) this Stipulation and FinaI Order is contingent upon and subject to approval and adoption by
23 the Commission. If the Commission does not approve and adopt this Stipulation and FinaI
24 Order, then neither Mr. Baxter nor the Commission are bound by the terms herein; (iv) he has
25 fully read this StipuIation and Final Order, and understands it compIetely; (v) he
26 voluntarily, without any force or duress, enters into this Stipulation and Final Order and
27 consents to issuance and entry of the Stipulated Final Order below; (vi) he states that

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1 no promise or representation has been made to induce him to sign this Stipulation and
2 Final Order; and (vii) he has consulted with an attorney regarding this Stipulation and
3 Final Order and has been fully advised with regard to his rights thereto, or waives any
4 and aII rights to consult with an attorney prior to entering into this Stipulation and Final
5 Order and issuance and entry of the Stipulated Final Order below. This Order sets forth
6 the facts upon which the parties have agreed and the sanction to be imposed. Mr.
7 Baxter stipuIates that there are sufficient facts contained in the Commission's fiIes and
8 records to support the findings of fact and conctusions of law set forth below. In ‘
9 entering into this stipulation, Mr. Baxter waives the right to a hearing to contest the j
10 findings of fact, conclusions of law and order set forth below.
11 STIPULATION OF FACTS
12 1. The Commission has Iicensed Mr. Baxter since August 18, 2004. Mr. Baxter
13 currently holds an Initial l Teaching License valid from August 19, 2007 to January 22, 2011.
14 2. During the 2007-2008 school year, Mr. Baxter was employed by the Hood River
15 County School District and taught at Cascade Locks Community School.
16 3. On more than one occasion during the 2006-2008 school years, Mr. Baxter used
17 terms such as "cute," "adorable," and “beautiful' when describing or addressing students in his
18 classes. Two of the students, LB and MM, reported feeling uncomfortable when Mr. Baxter
19 addressed them with these or similar terms.
20 4. During May or June of 2008, student LB wrote the words “Hi Mr. Baxter" on a sheet of
21 paper during class. In response, Mr. Baxter wrote on the same paper the foIlowing: “Hey -
22 Back @ you. When you are 1B and out of school we should talk. Take care." Mr. Baxter
23 admitted writing these words to deflect further discussion of a question LB posed to him eartier
24 regarding the use of ilIegaI substances.
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1 5. Dun'ng the 2007-2008 school year, Mr. Baxter used his personal MySpaoe account

2 to contact students SF and LB and commented on matters of a personal nature.

3 IT IS SO TIPULAT D A GRE TO:

4' @Q (3112552 zlzvlzo/o

5 Daniel Peter Baxter Date

8 ictoria C - r- r = xecutive Director Date

9 Teacher Standards and Practices Commission w
10 CONCLUSIONS OF LAW
11 1. Mr. Baxtefs conduct described in paragraphs 3, and 4 above constitutes gross
12 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(o) as it incorporates
13 584-020-0035(1)(c)(D) (honoring appropriate adult boundaries with students in conduct and
14 conversations at all times): and OAR 584-020-0040(4)(n) as it incorporates 584-020-0010(5)
15 (use professional judgment).
16 2. Mr. Baxter's conduct described in paragraph 5 above constitutes gross neglect of
17 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(o) as it incorporates OAR 584-
18 020-0035(1)(c)(A) and (D) (not demonstrating or expressing professionally inappropriate
19 interest in a student's personal Iife), (honoring appropriate adult boundaries with students in
20 conduct and conversations at aII times): and OAR 584-020-0040(4)(n) as it incorporates 584-
21 020-0010(5) (use professional judgment).
22 The Commission has the authority to impose discipIine in this matter under ORS
23 342.120 through 342.430 and OAR Chapter 584.
24 FINAL ORDER
25 The Commission adopts and incorporates herein the above finding of facts,
26 conclusions of law, and based thereon, suspends Mr. Baxtefs license for 1 year commencing
27 the date this order is approved by the commission. Mr. Baxter agrees not to reapply for an
28 Oregon Iicense when his current license expires or at any time in the future.

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1 Issued and dated this [2 day Mot 0. ‘
2 TEACHER STANDARDS AND PRACTICES COMMISSION
3 STATE OF 9 REGON
4 0 / / -
5 = .1 . ,l/i it! All/11M M
6 ictoria ham - I w ive Director
/

7

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