1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) DENIAL OF APPLICATION FOR 5 JOSEPH ANTHONY DIGRANDE ) LICENSURE, AND FINAL ORDER OF 6 ) REVOCATION OF RIGHT TO APPLY FOR 7 ) LICENSURE g On or about March 27, 2008, the Teacher Standards and Practices Commission 1O (Commission) received a report from Kay Baker, then interim Superintendent, Jefferson County 1 1 School District, indicating that Joseph Anthony Digrande (Digrande) may have violated OAR 12 584-020-0020 and OAR 584-020-0025 for unwanted inappropriate correspondence with a 13 teacher in a Washington state school district. 14 After review of the matters alleged, Mr. Digrande and the Commission agree that their 15 respective interests, together with the public interest, are best served by a stipulation to certain 16 facts and revocation of his teaching license, pursuant to ORS 342.175(3). 17 This Order sets forth the facts upon which the parties have stipulated to and the sanction 18 to be imposed. Mr. Digrande stipulates that there are sufficient documents and witness 19 statements contained in the Commission's files and records to support the findings of fact and ' 20 conclusions of law set forth below. By signing below, Mr. Digrande acknowledges, understands, 21 stipulates, and agrees to the following: (i) he has been fully advised of his rights to notice and a 22 hearing to contest the findings of fact, conclusions of law, and order set forth below, and fully 23 and finally waives all such rights and any rights to appeal or otherwise challenge this Stipulation 24 of Facts, Final Order of Public Reprimand (Stipulation and Final Order); (ii) this Stipulation and 25 Final Order is a public document and disclosed to the public upon request by the Commission; 26 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by 27 the Commission. If the Commission does not approve and adopt this Stipulation and Final 28 Order, then neither Mr. Digrande nor the Commission are bound by the terms herein; (iv) he has 29 fully read this Stipulation and Final Order, and understands It completely; (v) he voluntarily, Page 1 STIPULATION OF FACTS, DENIAL OF LICENSURE AND REVOCATION OF RIGHT TO APPLY - DIGRANDE 1 without any force or duress, enters into this Stipulation and Final Order and consents to 2 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or 3 representation has been made to induce his to sign this Stipulation and Final Order; and (vii) he 4 has consulted with an attorney regarding this Stipulation and Final Order and has been fully 5 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney 6 prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 7 I Final Order below. 8 This stipulation is contingent upon approval and adoption of the Order by the 9 Commission. If the Commission does not adopt this Order, neither Mr. Digrande nor the 10 Commission are bound by these Stipulations and Mr. Digrande retains all rights to a hearing on 11 the allegations. 12 STIPULATION OF FACTS 13 1. On July 30, 2007, the Commission issued a one-year Emergency School Counselor 14 License with a School Counselor endorsement valid for service in grades 5 to 1O of a middle or 15 junior high school and grades 7 through 12 in a high school, to Mr. Digrande. T'ne emergency 16 license expired on July 30, 2008. 17 2. On or about March 27, 2008, the Jefferson County School District notified the 18 Commission that Mr. Digrande may have used school district supplies and equipment to send 19 unwanted personal correspondence to a teacher in Washington. 2O 3. Mr. Digrande sent confidential student counseling data to the principal of Onalaska 21 High School in an effort to emphasize that it was important for Mr. Digrande to continue to travel 22 from Canada to Alaska to counsel students after visiting a Washington teacher he had known in 23 high school at the school she worked at. . 24 4. Mr. Digrande resigned from the Jefferson School District on March 5, 2008 while a 25 review of alleged misconduct was being performed by the District, Page 2 STIPULATION or FACTS, DENIAL OF LICENSURE AND REVOCATION 0F RIGHT TO APPLY - DIGRANDE 1 5. Between the years of 1969 and 2008, Digrande intermittently attempted to have, 2 personal, written and telephonic contact with the Washington teacher he had known in high 3 school. These repeated contacts and attempted contacts, while not threatening, were 4 sufficiently persistent and unwanted to this woman, that she does not want her current location 5 to be known by Digrande. 6 6. On March 13, 2008 TSPC, eight days after his resignation from Jefferson School 7 District received an application for an Initial Teaching License signed and dated by Mr. Digrande 8 on March 13, 2008. Mr. Digrande answered “no” to the character question asking whether he 9 left school-related employment while under investigation for alleged misconduct. 10 IT IS SO STIPULATED: 11 ‘-“ Q W lO - q ' OCR 12 Joe '4 Anthony Di-‘re Date 13 M”, ‘if/111.21 /c 1 /Q ‘9201-052 14 ictoria Chamb- {fixecutive Director Date 15 Teacher Stanards and Practices Commission 16 CONCLUSION OF LAW 17 Joseph Anthony Digrande used school district equipment for personal purposes. This 18 conduct constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(a). Mr. 19 Digrande disclosed confidential student data. This conduct constitutes Gross Neglect of Duty in 20 violation of OAR 584-020-0040(4)(h). Mr. Digrande misrepresented the nature of his separation 21 of employment from the Jefferson County School District 0n his application for educator license. 22 This conduct constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(c). Mr. 23 Digrande‘s overall conduct toward the Washington educator constitutes Gross Unfitness in 24 violation of OAR 584-020-OO40(5). The Commission’s authority to impose discipline in this 25 matter is based upon ORS 342.175. 26 /// 27 /// Page a STIPULATION OF FACTS, DENIAL OF LICENSURE AND REVOCATION 0F RIGHT TO APPLY - DIGRANDE 1 /// 2 /// 3 /// 4 ORDER 5 The Commission adopts the above Stipulation of Facts, and denies Mr. Joseph Anthony 6 Digrande‘s Application for Licensure and Revokes his Right to Apply for a License for one year. 7 IT IS SO ORDERED this fiday oriii'gdsTEooe. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 ‘ _> 10 5W 11 ictoria Cha , Executive Director 12 Page 4 STIPULATION OF FACTS, DENIAL OF LICENSURE AND REVOCATION OF RIGHT TO APPLY — DIGRANDE