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 ) FINAL ORDER OF REPRIMAND

5 ADAM J. DAVIS ) AND PROBATION

6 On or about February 12, 2007, the Teacher Standards and Practices Commission

7 (Commission) received a report from the Superintendent of the Reynolds School District indicating

8 that Adam J. Davis (Davis) used unreasonable physical force on a female student.

9 Mr. Davis fully cooperated with the Commission's investigation. After review of the matters
1O alleged, Mr, Davis and the Commission agree that their respective interests, together with the public
11 interest, are best served by a stipulation to certain facts, the imposition of a Public Reprimand and a
12 two (2) year probation.
13 This document sets forth the facts upon which the parties have agreed and the stipulated
14 sanction to be imposed. Mr. Davis stipulates that there is sufﬁcient evidence in the Commission's ﬁles
15 and records to support the findings of fact, conclusions of law, and order set forth below.
16 By signing below, Mr. Davis acknowledges, understands, stipulates, and agrees to the

17 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of
18 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any
19 rights to appeal or othenivise challenge this Stipulation of Facts, Final Order of Reprimand and
20 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and
21 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is

22 contingent upon and subject to approval and adoption by the Commission. If the Commission does
23 not approve and adopt this Stipulation and Final Order, then neither Mr. Davis nor the Commission
24 are bound by the terms herein; (iv) he has futly read this Stipulation and Final Order, and understands
25 it completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final

26 Order and consents to issuance and entry of the Slipulated Final Order below; (vi) he states that no
27 promises or representation has been made to induce him to sign this Stipulation and Final Order; and
28 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully

Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - DAVIS 2‘

1 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior
2 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order
3 below.
4 STIPULATION 0F FACTS '
5 1. The Commission has licensed Adam Davis since September 13, 2004. Mr. Davis currently
6 holds an initial Teaching License with multiple subjects and multiple subjects self contained
7 endorsements and with elementary and middle level authorizations valid through April 6, 2008. He
8 also holds a Conditional Permit valid December 6, 2006, through December 5, 2009, for a Physical
9 Education Endorsement valid for the Middle and High School authorization levels.
1O 2. In 2004 the Commission disciplined Mr. Davis for sewing without proper licensure between
11 2001 and 2003 in the Reynolds School District.
12 3. On or about February 6, 2007, Davis playfully pinched a students nose playfully leaving a
13 bruise. Mr. Davis admits to "flicking" the same student on the head with his fingers the previous day.
14 4. Mr. Davis was placed on administrative leave following this incident. Although police
15 investigated no criminal prosecution resulted from this incident.
16 IT IS SOSTIPU T :
17 t, ///, ow; (9/ r lé ' 800$)
18 Adam . a s ‘ Date
19 dﬁé g iglébu/ML) amid/“6?
20 ctoria Chamb ' ,E)eoUtiye Director Date
21 Teacher Standards and Practices Commission
22 CONCLUSIONS OF LAW
23 Adam J. Davis used unreasonable physical force against a female students when he pinched
24 her nose leaving a bruise. This misconduct constitutes Gross Neglect of Duty in violation of OAR
25 584-020-0040(4)(d). Unreasonable physical force against students, fellow employees, or visitors to
26 the school, except as permitted under ORS 339.250. The Commission has authority to impose
27 discipline in this matter under ORS 342.120 through 342.430 and OAR Chapter 584.
28 / / /
Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - DAVIS

1 ORDER
2 The Commission hereby adopts and incorporates herein the above findings of fact and
3 imposes a Public Reprimand on Adam J. Davis. This Stipulation of Facts, Order and Probation
4 constitute the Reprimand. _
5 Furthermore, the Commission places Mr. Davis on Probation for a period of two (2) years from
6 the date of this order subject to the following terms and conditions of probation:
7 1. During the period of his probation, Mr. Davis shall submit to the Commission
8 documentation that he has undergone training, approved in advance by the Commission, which
9 addresses interaction with students, specifically appropriate physical contact with students.
10 2. Mr. Davis shall provide reports every six (6) months during his probation, on or before
11 August 7, 2008; February 7, 2009; August 7, 2009; and February 7, 2010;
12 2. Mr. Davis shall comply with the Standards for Competent and Ethical Performance of
13 Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020.
14 Violation of any term or condition of probation shall constitute an independent basis for the
15 Commission to revoke Mr. Davis’ licensure or otherwise impose discipline, after first providing Mr.
16 Davis with notice and opportunity for hearing.
17 Issued and dated this Lﬁay/ of February, 2008.
18 TEACHER STANDARDS AND PRACTICES COMMISSION
1 9 STATWEGON ~
5? t. May/1.... 1 _
22 ctoria Cha - - ecutive Director
23 Appro ed as to to : .
24 W
25 Aruna A. Masi , # 3241
26 Attorney for Adam J. Davis Account # 43203
Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - DAVIS