1 BEFORE THE TEACHERS AND STANDARDS AND PRACTICES COMMISSION ,~ 2 OF THE STATE OF OREGON ’ 3 4 In the Matter of the ) STIPULATION OF FACTS, 5 Teaching License of ) PUBLIC REPRIMAND, 6 Earnest William Evans ) ORDER OF PROBATION 7 ) 8 9 On September 23, 1998, the Teacher Standards and Practices Commission informed 10 Earnest William Evans that the Commission found sufficient evidence of violation of 11 Standards for Competent and Ethical Performance of Oregon Educators to warrant a 12 hearing regarding violation of Standards for Competent and Ethical Performance for 13 Oregon Educators. Evans requested a hearing on the allegations, but before a hearing 14 date was set, the parties have agreed that their respective interest and the interests of 15 the State are best served by a Stipulation of Facts and Order of Public Reprimand, 16 Suspension and Probation as set forth below. q l7 18 STIPULAT ION OF FACTS 19 20 1. Earnest William Evans holds a Standard Teaching License endorsed for 21 physical education and valid from November 27, 1995 to February 23, 2001. 22 23 2. On or about June 2, 1998 Evans confronted student BH during a class 24 regarding statements made to the TSPC investigator about Evans‘ activities as a 25 Driver Education instructor in July 1997‘ BH felt intimidated by the \ ‘ 26 questioning. 27 28 3. On or about July 18, 1997 Evans utilized driver education students and 29 equipment to load and transport building materials to his home during student 30 instruction time in the Driver Education Program. 3l 32 4. On or about August 20, 1997, Evans verified inaccurate hours for Driver 33 Education Students BH and SD. 34 35 5. On or about October 17, 1997, Evans received a written reprimand from his 36 employer for his inappropriate use of Driver Education equipment and students 37 and for his failure to keep accurate records. _ 38 39 6. In July 1992 and July 1993 Evans failed to deposit in sports activity club 40 accounts of the Oregon Trail School District monies collected in summer sports 41 activities 42 43 7. On or about October 4, 1993, Evans received a written reprimand from his 44 employer for failure to follow district policy governing fund-raising activities. 45 t . . PAGE 1—PROPOSED STIPULATION AND ORDER—EARNEST WILLIAM EVANS .. i i —. . . . 1 1 Earnest William Evans enters into this Stipulation of Facts with knowledge that the ‘ 2 Teacher Standards and Practices Commission will adopt and Order of Public 5 ' 3 Reprimand and Probation for two years. This Stipulation is contingent upon approval 1 4 and adoption of the Order by the Commission. If the Commission does not adopt this ‘ 5 Order, neither Mr. Evans nor the Commission are bound by these stipulations and Mr. i 6 Evans retains all rights to a hearing on the allegations. i 7 8 IT IS SO STIPULATED: 9 10 ll 2 . 12 (‘LflMé/a //~ Jo '9'!’ 13 Earnest William Evans Date l4 15 ‘ 16 1, (AW 4/4771’ 18 David V. Myton, Executive Director Date 19 Teacher Standards and Practices Commission 2O 21 22 CONCLUSIONS OF LAW 23 24 Under ORS 342.175 the Commission may find a violation of Standards for Competent ’ 25 and Ethical Performance for Oregon Educators to constitute Gross Neglect of Duty. 26 27 ORDER 28 29 The Commission issues a Public Reprimand to Earnest William Evans for violation of 3O Standards for Competent and Ethical Performance for Oregon Educators and this 31 Order constitutes the Public Reprimand. Additionally, the Commission places Evans 32 on Probation for a period of two years from the date of this Order. The probationary 33 status is subject to the following conditions: 34 35 1) Earnest William Evans shall conduct himself as a law-abiding citizen. 36 37 2) Evans shall comply with the Standards for Competent and Ethical Performance 38 for Oregon Educators under OAR 584, Division 020. 39 40 £442 4 2: l 41 Dated this ’ day of , 1998 42 43 TEACHER STANDARDS AND PRACTICES COMMISSION 44 4s - 46 3L,“ 47 By ..—________ 48 David V. Myton, Executive Director 49 DVM / cs . 50 PAGE 2—PROPOSED STIPULATION AND ORDER—EARNEST WILLIAM EVANS