1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND ORDER OF PROBATION 5 DAVID COLEMAN PARSONS ) , g On May 8, 2003, the Teacher Standards and Practices Commission (Commission) 8 adopted a Stipulation of Facts, Order of Reprimand and Probation based upon an investigation 9 indicating that David Coleman Parsons (Parsons) failed to maintain proper boundaries for 1O physical contact between a teacher and his students. The Order placed Mr. Parsons on a two 11 (2) year probation requiring that Mr. Parsons complete at least 12 contact hours of intensive 12 education in appropriate boundaries with students including sexual harassment training with 13 Dwight D. Mowry, Ph.D. 14 An investigation conducted in response to Mr, Parsons’ request for termination of 15 probation indicates that Mr. Parsons failed to complete the terms and conditions of that ' probation. 17 After review of the facts in this matter, Mr. Parsons and the Executive Director agree that 18 their respective interests, together with the public interest, are best served by a stipulation to 19 certain facts, and the continuance of probation for an additional two (2) years. 20 This Order sets forth the facts upon which the parties have agreed and the sanction to 21 be imposed. Mr. Parsons stipulates that there are sufficient facts contained in the 22 Commissions files and records to support the findings of fact and conclusions of law set forth 23 below. ln entering into this stipulation, Mr. Parsons waives the right to a hearing to contest the 24 findings of fact, conclusion of law and order set forth below. Mr. Parsons understands that the 25 Commission will continue the probation for two (2) additional years with specific conditions. 26 This stipulation is contingent upon approval and adoption of the Order by the 27 Commission. If the Commission does not adopt this Order, neither Mr. Parsons nor the . Commission are bound by these Stipulations and Mr. Parsons retains all rights to a hearing on 29 the allegations. Page 1 STIPULATION OF FACTS AND ORDER PROBATION-PARSONS, DAVID 1 STIPULATION OF FACTS . 1. Mr. Parsons holds a Standard Teaching License issued September 26, 2000, valid until 3 September 14, 2005, with endorsements in Basic Physical Education and Basic Health 4 Education. 5 2. Mr. Parsons is employed by Ontario School District as a Health and Physical 6 Education teacher. He has served the District as a teacher since 1991. 7 3. On December 14, 2005, Mr. Parsons submitted an affidavit pursuant to OAR 584- 8 USO-0015(2) seeking the termination of Probation based upon the Order adopted May 8, 2003. 9 ln that affidavit Mr. Parsons verified, “l have completed all requirements and behaviors that have 1O been requested of me." 11 4. Billing documents submitted by Mr. Parsons on January 11, 2006, indicate that Mr. 12 Parsons completed approximately 6.5 contact hours with his health care provider prior to May 8, 13 2003‘ Mr. Parsons did not see that provider again until December 23, 2005. The billing ' documents indicate that between December 23, 2005, and January 10, 2006, Mr. Parsons 15 completed approximately 5.5 contact hours with the same health care provider. 16 5. Mr. Parsons asserts that he did not understand the previous Stipulation of Facts, 17 Order of Reprimand and Probation he signed with the Commission and believed that he 18 completed the boundaries training program based upon a letter the health care provider wrote to 19 his attorney on March 7, 2003. 20 . ‘ I ‘ '. . 2. / z/aL/ 22 Davr Coleman ' -r s Date 23 t4wgmw / ‘.36? “42> 24 Victoria Chamb n, Executive Director Date 25 CONCLUSION OF LAW 26 David Coleman Parsons violated OAR 584-020-0040(4)(k) by failing to complete the ' specific conditions of the two year Probation (beginning May 9, 2003) requiring him to complete 28 at least 12 contact hours of intensive education and boundaries training with a Commission Page 2 STIPULATION OF FACTS AND ORDER PROBATION-PARSONS, DAVID 1 approved health care provider within the two year period of probation. This violation constitutes . Gross Neglect of Duty. The Commission's authority to impose discipline in this matter is based 3 upon ORS 342.175. 4 ORDER 5 The Commission adopts the above Stipulation of Facts and extends Mr. Parsons’ ‘ 6 Probation for a period of two (2) years to commence January 27, 2006 subject to the following 7 terms and conditions: 8 a. Mr. Parsons shall conduct himself as a law—abiding citizen; 9 b. Mr. Parsons shall report in writing within ten days to the Executive Director of the 1O Commission any arrest or citation for any felony, misdemeanor, or major traffic violation; 11 c. Mr. Parsons shall comply with the Standards for Competent and Ethical Performance 12 of Oregon Educators pursuant to Oregon Administrative Rules Chapter 584, Division 020; and 13 d. Mr. Parsons shall participate in monthly sessions with an approved health care . provider consisting of at least one contact hour per month or the equivalent. During the period 15 of this probation, Mr. Parsons shall submit to the executive Director of the Commission quarterly 16 reports of his compliance with the monthly treatment. Mr. Parsons shall submit these reports on 17 or before: April 27, 2006; July 27, 2006; October 27, 2006; January 26, 2007; April 27, 2007; 18 July 27, 2007; October 27, 2007; and January 26, 2008. The Commission shall provide the 19 health care provider with a copy of this Order. 20 Violation of any of the terms or conditions of probation shall constitute an independent 21 basis for the Commission to revoke Mr. Parsons‘ teaching license or othenuise impose 22 discipline, after first providing Mr. Parsons with notice and opportunity for hearing. 23 IT IS SO ORDERED this viz) day of January 2006. 24 TEACHER STANDARDS AND PRACTICES COMMISSION 25 MM é? mat/4,1,‘ é By. _ . . _ ‘ , / Victoria Chamberlai , xecutlve Director [011106a] 28 Page 3 STIPULATION OF FACTS AND ORDER PROBATION-PARSONS, DAVID