t BEFORE THE TEACHER STANDARDS AND PRACTICES COMlVHSSION
OF THE STATE OF OREGON
In the matter of the ) >
Teaching License of: ) STIPULATION OF FACTS AND
) AND ORDER OF REVOCATION j
JOSEPH SHERWOOD WIGGINS. ) -
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On February 23, 2004, the Superintendent of the Junction City School District :
sent a report to the Teacher Standards and Practices Commission (Commission) stating
that Joseph Sherwood Wiggins was the subject of formal complaints filed with the ‘ ‘
district due to inappropriate touching of students by Mr. Wigg'ns and that Mr. Wiggins
may have committed acts of gross neglect of duty.
Following a preliminary investigation, the Commission issued a Notice of
. Opportunity for Hearing (Notice) on August 18, 2004. On August 27, 2004, Mr. Wiggins
requested a hearing. I
After review of the matters alleged, Mr. Wiggins and the Commission agree that
their respective interests together with the public interest, are best served by a stipulation
to certain facts, surrender and revocation of Mr. Wiggins’s teaching license, and
imposition of conditions upon Mr. Wiggins’s reapplication for a teaching license.
_ ‘This Stipulation of Facts and Order sets forth the facts upon which the parties '
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have agreed, and orders revocation of Mr. Wiggins’s teaching license. Mr. Wiggins _
stipulates that there are sufficient facts contained in the Commission’s files and records to 1
support the findings of fact and conclusions of law set forth below. In entering into this i
Stipulation, Mr. Wiggins waives the light to a hearing to contest the findings of fact, i
' ‘ conclusions of law and order set forth below. Mr. Wiggins understands that the ‘
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Commission will revoke his teaching license. In signing this Stipulation, Mr. Wiggins l
also acknowledges that he has read and understands the terms of this Stipulation and
Order and understands that this Order constitutes the final resolution of the proceeding i
for the violations alleged in the Notice including any right to appeal therefrom.
This Stipulated Order is contingent upon approval and adoption by the full
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. Commission. lfthe Commission does not adopt this Order, neither Mr. Wiggins nor the 2
Commission are bound by any stipulations or other matters contained herein, and Mr.
Wiggins shall retain all rights to a hearing to contest the allegations in the Notice. i
STIPULATION OF FACTS
. Mr. Wiggins and the Commission stipulate to the following facts: ‘
l. Mr. Wiggins holds a Standard Teaching. License with an endorsement in Standard
' Music. i l
2. During the 2003 - 2004 school year, Mr. Wiggins engaged in sexual touching of i
SK, a 16-year-old female student, when he patted her on the buttock area, touched her i
neck and ears and massaged her neck. SK had heen a student of Mr. Wiggins’s since the ‘
sixth grade and was upset by Mr. Wiggins’s actions. ' i
3. On .Tune 23, 2004, as a result of his conduct toward SK, Mr. Wiggins was
convicted of harassment in Lane County Circuit Court. I
4. During the 2003 — 2004 school year, Mr. Wiggins engaged in sexual touching of
. WK, a 13-year-old female student when he put his arms around WK tightly, massaged i
her neck, placed his hand on her bra strap and played with it. i
5. On June 23, 2004, as a result of his conduct toward WK, Mr. Wiggins was j
convicted of harassment in Lane County Circuit Court. i
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6. During the 2003 — 2004 school year, Mr. Wiggins engaged in sexual touching of ‘
LW, a 14-year-old female student when he placed his hand on her breast. 1
i 7. On June 23, 2004, as a result of his conduct toward LW, Mr. Wiggins was
convicted of harassment in Lane County Circuit Court.
IT IS SO STIPULATED:
M l
. J rgilfherwood VZg/gms ‘I ‘ Date
M7221 ” 14.04 ’ M 4 ‘3:7! 'fl V
ictoria Chambe -|- Executive Director Date ‘
Teacher Standards and Practices Commission
CONCLUSIONS OF LAW
. l. “Sexual Conduct” includes “the intentional touching of the breast or sexual or
other intMate parts of a student” and “verbal or physical conduct of a sexual nature when
directed toward a student or when such conduct has the effect of unreasonably interfering . I
with a student’s educational performance or creates an intimidating, hostile or offensive I

educations environment.” OAR 584-020-0005(a) & (d). Mr. Wiggins’s acn'ons toward i ‘

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SK, WK and LW constitute sexual conduct in violation of OAR 584-020-0005 (a) & (d). i ‘

2. A gross neglect of duty is any “serious and material inattention to or breach of I l
professional responsibilities” including “any sexual conduct with a student.” OAR 5 84- i '7

020-0040(4)(i). Mr. Wiggins’s sexual conduct toward SK, WK and LW constitutes a

gross neglect of duty in violation of OAR 584-020-0040(4)(f). g f
3. “Gross unfitness“ is “any conduct which renders an educator unqualified to
perform his or her professional duties” and includes conviction of violating any state law. g
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OAR 58¢020-0040(5)(c). Mr. Wiggins’s convictions for harassment in Lane County l
Circuit Court constitute gross unfitness as an educator in violation of OAR 584-020- l
0040(5)(c).
4. The Commission may revoke the license of a teacher who has demonstrated gross
neglect of duty and gross unfitness. ORS 342.175; OAR 584-050-0027._
. DISCUSSION \
Mr. Wiggins‘s conduct was an abuse of his role as a teacher. His conduct towards
these students was alarming and has had the effect of creating an intimidating, hostile or
offensive educational environment. 1
ORDER
The Commission orders the revocation of the teaching license of Joseph .
‘ A Sherwood Wiggins. I
1r IS so ORDERED thismday 01¢‘,L , .414, -u 1,
/
g Victoria C Vlvlain, Executive Director '
Anproved as to form: A
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>7 7/62....“ i
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f V II f 0 7 / o ; ' .
' Ralph Wiser f _
Attorney foi'i'oseph Sherwood Wiggins j
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