\ 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 ) ORDER OF SUSPENSION 5 TIMOTHY SCOTT DIETER ) AND PROBATION g ) 8 On or about December 31, 2001, the Teacher Standards and Practices 9 Commission (Commission) received a report from Maureen Sloane, Human Resources 1O Counsel, Portland Public Schools, indicating that Timothy Scott Dieter (Dieter) resigned 11 his teaching position as a result of an inappropriate personal relationship with a student. 12 Mr. Dieter fully cooperated with the Commission's investigation. After review of 13 the matters alleged, Mr. Dieter and the Commission agree that their respective 14 interests, together with the public interest, are best served by a stipulation to certain . 15 facts and the imposition of a six (6) month suspension, followed by a period of probation 16 of four (4) years. This Order sets forth the facts upon which the parties have agreed 17 and the sanction to be imposed. In entering into this stipulation, Mr. Dieter waives the 18 right to a hearing to contest the finding of fact, conclusion of law and order set forth 19 below. 20 STIPULATION OF FACTS 21 1. The Commission has licensed Mr. Dieter since 1986. He currently holds a 22 Standard Teaching License valid September 4, 2001 through April 21, 2007, with 23 Endorsements in Standard Social Studies and Standard Drama. 24 /// O Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - DIETER . 1 2. Mr. Dieter was employed by Portland Public Schools, as a teacher at 2 Cleveland High School, from January 26, 1987, to resignation effective February 28, 3 2002. 4 3. Between the fall of 1987 and the summer of 1991, Mr. Dieter developed an 5 overly personal and professionally inappropriate relationship with a female student while 6 she attended Cleveland High School. On September 2, 1992, Portland Public Schools 7 reprimanded Mr. Dieter for an inappropriate and unprofessional relationship with the 8 female student. 9 4. During the summer and fall of 2001, Mr. Dieter sent overly personal and 1O professionally inappropriate email messages to a 17-year old female student attending 11 Cleveland High School. In these messages, Mr. Dieter requested that the female '12 student confirm her commitment to the relationship, professed his love and asked the 13 female student if she always kissed with her mouth closed. 14 5. Mr. Dieter admits that he should not have violated Standards of Competent 15 and Ethical performance of Oregon Educators by making sexual advances and 16 engaging in verbal conduct of a sexual nature when such conduct has the effect of 17 unreasonably interfering with a student's educational performance. 18 This stipulation is contingent upon approval and adoption of the Order by the 19 Commission. If the Commission does not adopt this Order, neither Mr. Dieter nor the 20 Commission are bound by these Stipulations and Mr. Dieter retains all rights to a 21 hearing on the allegations. 22 /// O Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - DIETER . 1 CONCLUSION OF LAW I 2 From 1987 to 1991 while teaching at Cleveland High School, Timothy Scott I 3 Dieter violated OAR 584-020-0040(4)(f) regarding sexual conduct of a verbal nature I 4 with a female Student. This conduct constitutes Gross Neglect of Duty. 5 In a separate matter, involving, a different female student during the 2000-2001 6 and 2001-2002 school years, at Cleveland High School, Timothy Scott Dieter violated 7 OAR 584-020-0040(4)(f) regarding sexual conduct of a verbal and physical nature with 8 a student. This misconduct constitutes Gross Neglect of Duty. The Commission's 9 authority to impose discipline in this matter is based upon ORS 342.175(1)(b). 1O IT IS SO STIPULATED: i twig; 7 WI, @z . .13 , othy co Diet r Date 12 MP Elie; 16 David V. Myton, Executiv Director Date 17 Teacher Standards and Practices Commission 18 19 ORDER 20 The Oregon Standard Teaching License of Timothy Scott Dieter is suspended for 21 a period of six (6) months beginning on May 17, 2002. At the end of this suspension 22 period, Mr. Dieter’s teaching license will be reinstated upon complete application 23 pursuant to OAR 584-050-0015(2) and verification by Mr. Dieter that he has undergone 24 an evaluation by a psychotherapist or medical professional acceptable to the 25 Commission, and the evaluator submits a written report to the Commission attesting (1) '26 Mr. Dieter is fit to work with children and teenagers, and (2) there is a high probability Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - DIETER ' 1 that he will not repeat his behavior. Any costs associated with the assessment or 2 treatment will be the responsibility of Mr. Dieter. 3 Upon the reinstatement of his teaching license, Mr. Dieter shall be placed on 4 probation by the Commission for a period of four (4) years subject to the following 5 conditions: 6 1. Mr. Dieter shall substantially comply with any treatment or counseling as 7 recommended by the individual who completed the evaluation described above. Mr. 8 Dieter shall authorize and sign any consent forms as necessary for the treatment 9 provider or counselor to furnish records to verify Mr. Dieter’s compliance with this order. 10 2. Mr. Dieter shall comply with all Standards for Competent and Ethical 11 Performance under Chapter OAR 584, Division 020. '12 Violation of the terms of this probation may constitute an independent basis for 13 the Commission to impose discipline, up to and including revocation of Mr. Dieter’s 14 teaching license subject to Mr. Dieter‘s right to a hearing on the issue of whether he 15 violated probation. 16 Dated this May of May, 2002 17 TEACHER STANDARDS AND PRACTICES COMMISSION 18 ' 19 By: pkfig éii'ijw 20 David V. Myton, Executiv Director 21 22 APPZZVED 25 T:;ZRM 23 24 Th mas K. Doyle, SB #97251 . ‘it; Attorney for Timothy Scott Dieter [0422021 Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - DIETER