_—____—_———_—_— 7 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION / _' “j 2 OF THE STATE 0F OREGON .11-"3 3 1 213??’ 3 In the Matter of the ) STIPULATION OF FACTS AND . ‘ , 4 Educator License of: ) FINAL ORDER OF DENIAL OF ~ - 5 ) APPLICATION AND . 6 JONATHAN ALLAN BILDEN ) REVOCATION OF RIGHT TO APPLY I g ‘ 9 On or about May 26, 2015, the Teacher Standards and Practices Commission I 1O (Commission) received an application for a Charter School Registry-Administrator from 1 1 Jonathan Allan Bilden (Bilden). Due to an affirmative answer on question number one of the 12 application’s character questions, Bilden’s application was referred to investigations. 13 Subsequent investigation indicated that applicant Bilden may have violated professional 14 standards. 1 5 After review of the matters alleged, Bilden and the Commission agree that their 16 respective interests, together with the public interest, are best served by a stipulation to certain 17 facts, the denial of Bilden’s application for his Oregon educator license / registration, and the 1 8 revocation of Bilden’s right to apply for an Oregon educator license / registration. 19 This document sets forth the facts upon which the parties have agreed and the stipulated 2O sanction to be imposed. Bilden stipulates that there is sufficient evidence in the Commission’s 21 files and records to support the findings of fact, conclusions of law, and order set forth below‘ 22 By signing below, Bilden acknowledges, understands, stipulates, and agrees to the 23 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 24 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 25 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 26 Order of Denial 0f Application and Revocation of Right to Apply (Stipulation and Final Order); 27 (ii) this Stipulation and Final Order is a public document and disclosed to the public upon 28 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and subject 29 to apprOVal and adoption by the Commission. If the Commission does not approve and adopt Page 1 STIPULATION OF FACTS AND FINAL ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPLY - JONATHAN ALLAN BILDEN 1 this Stipulation and Final Order, then neither Bilden nor the Commission are bound by the 2 terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it 3 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final ; 4 Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that I 5 no promises or representation has been made to induce him to sign this Stipulation and Final 6 Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order 1 7 and has been fully advised with regard to his rights thereto, or waives any and all rights to 8 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 9 entry of the Stipulated Final Order below. This Order sets forth the facts upon which the parties 1O have agreed and the sanction to be imposed. In entering into this stipulation, Bilden waives 1 1 the right to a hearing to contest the findings of fact, conclusions of law and order set forth below. 12 STIPULATION OF FACTS 13 1) Bilden has never been licensed or registered as a teacher in Oregon. On May 26, 14 2015, the Commission received Bilden’s application for a Charter School Registry - 15 Administrator. Bilden’s application was referred to investigations due to an 16 affirmative answer on question number one of the character question section. 17 During all relevant times, Bilden had been employed by the Eagle Point School 18 District as a paid boys’ basketball assistant coach and volunteer girls’ volleyball 1 9 coach. 2O 2) Bilden’s completed TSPC application for a Charter School Registry-Administrator 21 was dated May 1, 2015, and signed by Bilden. As part of the application process, 22 Bilden was required to answer a series of character questions and provide a written 23 explanation for any affirmative answers. Bilden answered “yes” to character question 24 number one, “Have you ever left any educational 0r school related employment, 25 voluntarily 0r involuntarily, while the subject of an inquiry, review or investigation 26 0f alleged misconduct? Have you ever left educational 0r school related 27 employment when you had reason to believe and investigation for misconduct was 28 underway or imminent?” Bilden provided a written explanation for his affirmative 29 answer, advising that during the 2012-2013 school year, as a volunteer girls’ Page 2 STIPULATION OF FACTS AND FINAL ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPLY — JONATHAN ALLAN BILDEN 1 volleyball coach for the Eagle Point School District, he had been investigated for 2 possible inappropriate text messages with a female student athlete. 3 3) Investigation determined Bilden had been the subject of both a school district and 4 law enforcement investigation into a report filed by a student (JR) and her parent 5 regarding allegations of inappropriate communications, with the result being n0 6 charges filed. It was further determined that between September 2012 and October 7 2012, Bilden engaged in the exchange of over 300 text messages with the female 8 student. This messaging occurred during school hours, 0n the weekends, and as late 9 as 11:15 p.m. JR told authorities that the texting made her feel uncomfortable. 1 0 _ 11 IT IS SO STIPULATED: 12 g 2]“ L312; 312377212 1 3 Jonathan lan'Bilden Dat 14 22M 2% if fZ/XO/7 15 Dr. Monica Beane, Executive Director Date 16 Teacher Standards and Practices Commission 1 7 18 CONCLUSION OF LAW 19 Jonathan Allan Bilden’s conduct as described above constitutes gross neglect of duty in 20 violation ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020- 21 0010(5) (Use professional judgment), OAR 584-020-0025(2)(e)( Using district lawful and 22 reasonable rules and regulations); OAR 584-o2o-oo4o(4)(0) as it incorporates OAR 584-020- 23 0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate interest in a 24 students personal life), OAR 584-020-0035(1)(c)(B) (Not accepting or giving or exchanging 25 romantic or overly personal gifts or notes with a student), and OAR 584-020-0035(1)(c)(D) 26 (Honoring appropriate adult boundaries with students in conduct and conversations at all 27 times). 28 Page 3 STIPULATION OF FACTS AND FINAL ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPLY — JONATHAN ALLAN BILDEN 1 The Commission’s authority to impose discipline in this matter is based upon ORS 2 342.175. 3 ORDER 4 The Commission adopts the above Stipulation of Facts, denies Jonathan Allan Bilden’s 5 application for licensure / registration, and revokes his right to apply for an educator license / 6 registration. 7 8 IT 1s so ORDERED this {Z Mday of A70‘! ,20 /Z. 9 10 TEACH ER STANDARDS AND PRACTICES COMMISSION 1 1 ,4 S I 12 By: ZZ {0W ‘flew 13 Dr. Monica Beane, Executive Director Page 4 STIPULATION OF FACTS AND FINAL ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPLY — JONATHAN ALLAN BILDEN