1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

Q OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS,

4 Teaching License of ) ORDER OF REPRIMAND

g DAVID JOHN LARSON ) AND PROBATION

7 On May 15, 2003, the Teacher Standards and Practices Commission (Commission)

8 received a report from Darce Driskel, Deputy Superintendent, Hermiston School District

9 indicating that the David John Larson (Larson) was reprimanded for inflicting corporal
10 punishment upon a student on April 11, 2003.
11 Mr. Larson fully cooperated with the Commission's investigation. After review of the
12 matters alleged, Mr. Larson and the Executive Director agree that their respective interests,
13 together with the public interest, are best served by a stipulation to certain facts, a reprimand
14 followed by a period of probation of two (2) years.

i This Order sets forth the facts upon which the parties have agreed and the sanction to
16 be imposed. Mr. Larson stipulates that there are sufficient facts contained in the Commission's
17 files and records to support the findings of fact and conclusions of law set forth below. In
18 entering into this stipulation, Mr. Larson waives the right to a hearing to contest the findings of
19 fact, conclusion of law and order set forth below. Mr. Larson understands that the Commission
20 will impose a two (2) year probation.

21 This stipulation is contingent upon approval and adoption of the Order by the
22 Commission. If the Commission does not adopt this Order, neither Mr. Larson nor the
23 Commission are bound by these Stipulations and Mr. Larson retains all rights to a hearing on
24 the allegations.
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Page 1 STIPULATION 0F FACTS, ORDER OF REPRIMAND AND PROBATION — LARSON

1 STIPULATION OF FACTS
' 1. Mr. Larson holds an Oregon Basic Teaching License issued March 20, 2001, valid
3 until March 4, 2004, with a Basic Art Endorsement.
4 2. Mr. Larson is employed by Hermiston School District as an art teacher at Sandstone
5 Middle School. He began his employment with the District in 1995.
6 3. On June 6, 2001, a student complained that Mr. Larson pushed him down the hall.
7 Mr. Larson's supervisor cautioned Mr. Larson about physical contact with students.
8 4. A parent complained that on May 11, 2002, Mr. Larson grabbed a student, her son,
9 between the shoulder and the neck and applied pressure. The student complained of pain in
10 the area of Mr. Larson's physical contact with him.
11 5. On April 11, 2003, Mr. Larson became angry about a students behavior on the
12 playground and intentionally threw a basketball at a student striking the student in the back.
13 6. Mr. Larson accepts responsibility for his behavior and acknowledges his behavior
. was inappropriate.
15 CONCLUSION OF LAW
16 Based on facts set forth above it appears that Mr. Larson’s behavior on
17 April 11, 2003, is part of a continuing pattern of behavior. David John Larson used
18 unreasonable physical force on April 11, 2003, when he intentionally struck a student in the
19 back with a basketball. This misconduct constitutes Gross Neglect of Duty in violation of OAR
20 584-020-0040(4)(d). The Commission's authority to impose discipline in this matter is based
21 upon ORS 342.175.
22 IT IS SO STIPULATED:
23 M W 92/2 [o3
24 Da '- --=~nL-- 'P Date
25 {Jig/a.‘ -/ {weal t
26 Victoria Cwain, Exec tive Director Date
‘ Teacher Standards and Practices Commission
Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — LARSON

1 ORDER
Q The Commission imposes a Public Reprimand on David John Larson. This Stipulation
3 of Facts, Order and Probation constitutes the Reprimand.
4 Furthermore, the Commission imposes a two (2) year probation upon Mr. Larson subject
5 to the following terms and conditions:
6 1. Mr. Larson shall submit, within the first six months of said probation, documentation
7 that he has completed (at his own expense), an intensive anger management program
8 regarding appropriate contact with students conducted by a qualified counselor approved in
9 advance by the Commission. This counseling shall consist of, at least nine (9) contact hours.
1O The Commission shall provide the counselor with a copy of this Order. The counselor shall
1 1 provide the Commission with a report of successful program completion. Mr. Larson shall
12 present evidence of completion of this anger management program by April 15, 2004.
13 2. Mr. Larson shall comply with all Standards for Competent and Ethical Performance
. under Oregon Administrative Rules, Chapter 584, Division 020.
15 Violation of any term or condition of this probation may constitute an independent basis
16 for the Commission to impose discipline, up to and including revocation of Mr. Larson’s teaching
17 license subject Mr. Larson’s right to a hearing on the issue of whether he violated probation.
18 IT IS SO ORDERED this %ay of October 2003.
19 . TEACHER STANDARDS AND PRACTICES COMMISSION
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21 Byt W
22 Victoria Ch Iain, Executive Director
23 Approved as to form:
24 k
25 '
26 Ralph E. iser OSB# 81423
27 Attorney for David John Larson [0908031
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Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — LARSON