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I1 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION' 5-,: i 4/0’ 2 0F THE STATE OF OREGON v" 3 In the Matter of the ) STIPULATION OF FACTS AND '. 4 Educator License of ) FINAL ORDER OF REPRIMAN D 5 MICHAEL DEAN MASON ) g On July 23, 2014, the Commission learned during the processing of Michael Dean 8 Mason’s (Mason) application for renewal of his licensure, that Mason had violated 9 professional standards employing improper and/ or out of date restraints and 1 O misreporting these events to school administrators. 1 1 After review of the matters alleged, Mason and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation to 1 3 certain facts and the imposition of a public reprimand. 14 By signing below, Mason acknowledges, understands, stipulates, and agrees to 15 the following: (i) he has been fully advised of his rights to notice and a hearing to contest 16 the findings of fact, conclusions of law, and order set forth below, and fully and finally 17 waives all such rights and any rights to appeal or otherwise challenge this Stipulation 0f 18 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation 19 and Final Order is a public document and disclosed to the public upon request by the 20 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 21 approval and adoption by the Commission. If the Commission does not approve and 22 adopt this Stipulation and Final Order, then neither Mason nor the Commission are 23 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 24 understands it completely; (v) he voluntarily, without any force or duress, enters into 25 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 26 Final Order below; (vi) he states that no promise or representation has been made to 27 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 28 attorney regarding this Stipulation and Final Order and has been fully advised with 29 regard to his rights thereto, or waives any and all rights to consult with an attorney prior 30 to entering into this Stipulation and Final Order and issuance and entry 0f the Stipulated 31 Final Order below. 32 STIPULATION 0F FACTS 33 1. Michael Dean Mason has been licensed by the Commission since August 23, 2011. 34 Mason’s Initial I Teaching License, with an endorsement in Special Education (ML/HS, Page 1 STIPULATION OF FACTS AND FlNAL ORDER OF REPRIMAND- MICHAEL DEAN MASON 1 ECE/ELE L), is valid from September, 29 2014, through September 28, 2017. During all 2 relevant times, Mason was employed by the Hermiston School District. 3 2. On July 23, 2014, Mason’s application for renewal of his license was referred to 4 investigations due to Mason’s affirmative answer on character question number one; 5 “Have you ever left any educational or school—related employment, voluntarily 0r 6 involuntarily while the subject of an inquiry, review 0r investigation of alleged 7 misconduct?.. .” Subsequent investigation determined that Mason had violated 8 professional standards; specifically, Mason engaged inappropriate physical contact with 9 students by employing improper and/or out of date restraint holds and misreported these 1O events to school officials. 1 1 3. Commission investigation determined that between September 2013, and October 2013, 12 on several occasions, Mason applied physical restraints on students that were _ 13 unapproved and/ or out dated. School district investigations determined the restraints 14 were not within policy and also concluded that Mason had not been accurate in his 1 5 reporting of the incidents either in writing or verbally when questioned. 1 6 17 IT IS SO STIPULATED: 18 - - ‘ 19 MM é 7 .2 9/5“ 20 Michae ean Maso Date 21 'r M _._, 22 em/ é ~/gl ~ /t$ 23 1ctoria Cham er , Executive Director Date 24 Teacher Standards and Practices Commission 25 CONCLUSION OF LAW 26 Michael Dean Mason employed physical restraints on students that were 27 unapproved and/ or out dated, inaccurately reported the use of these restraints, and 28 violated local school policy related to the same. This conduct constitutes gross neglect of 29 duty in violation ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 30 584-020-ooio(5) (Use professional judgment), OAR 584-020-002o(2)(d)(Skill in the 31 supervision 0f students), OAR 584-020-0030(2)(b) (Skill in communicating with Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- MICHAEL DEAN MASON 1 administrators, students, stafl, parents, and other patrons), and OAR 584—020— 2 oo25(2)(e)(Using district lawful and reasonable rules and regulations). 3 The Commission’s authority t0 impose discipline in this matter is based upon 4 ORS 342.175. 5 ORDER 6 Based on the foregoing, the Commission hereby orders as follows: 7 1. The Commission adopts and incorporates herein the above findings of fact and 8 conclusions of law, and based thereon, imposes a Public Reprimand on Michael 9 Dean Mason’s Initial I Teaching License. 1O 2. Mason is directed to successfully complete a Commission approved training 1 1 course 0n proper student restraint techniques and submit written proof to the 12 Commission within six months from the date of this order, or be subject t0 13 additional Commission investigation and possible further disciplinary action. 14 1 5 Issued and dated this fiay W, 2015 16 TEACHER STANDARDS AN PRACTICES COMMISSION > 17 STATE O REGON 18 % Zia}? é 22 é é ' , 1 9 2O 1ctoria C am erlain, Executive Director Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- MICHAEL DEAN MASON 77—-——__—_ CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand, certified by me as such, by mailing U.S. First Class Mai] and U.S. Certified Mail — Return Receipt Requested, addressed to: Michael Dean Mason 109 NE 13lh Avenue Albany, OR 97321-1601 . {l1 DATED this (Q ' day of July, 2015. By: ;__ - ' tty iddell ‘ nvestigative Assistant Certificate of Mailing — Michael Dean Mason Data Classification Level: Either 2- Published 0r 3 v Confidential DO: Liddell