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
5 DUANE ALAN WACHA ) AND PROBATION
g On or about July 5, 2001, the Teacher Standards and Practices Commission
8 (Commission) received a report from John Matt, Superintendent, Scappoose School District
9 indicating that Duane Alan Wacha (Wacha) was under investigation by Scappoose Police
10 Department concerning inappropriate interaction with a female student.
11 After review of the matters alleged, Mr. Wacha and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to certain
13 facts and a Reprimand followed by a four (4) year period of probation. Mr. Wacha understands
14 that the probation will be subject to specific conditions.
5 This Order sets forth the facts upon which the parties have agreed and the sanction to
Q be imposed. Mr. Wacha 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. Wacha waives the right to a hearing to contest the finding of
19 fact, conclusion of law and order set forth below.
20 This stipulation is contingent upon approval and adoption of the Order by the
21 Commission. If the Commission does not adopt this Order, neither Mr. Wacha nor the
22 Commission are bound by these Stipulations and Mr. Wacha retains all rights to a hearing on
23 the allegations.
24 STIPULATION OF FACTS
25 1. The Commission issued Mr. Wacha a Basic Teaching License on June 16, 1998, the
26 license expired September 5, 2001.
‘I // /
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WACHA

1 2. Mr. Wacha was employed by Scappoose School District as a teacher at Scappoose
Q High School from September 1998 until June of 2001. He completed his teaching contract with
3 the District.
4 3. While serving as a teacher at Scappoose High School, Mr. Wacha failed to maintain
5 appropriate student-teacher boundaries With VG, a female high school student by engaging in
6 the following conduct: Mr. Wacha engaged in overly personal conversations with VG;
7 Mr. Wacha expressed an inappropriate interest in VG’s personal life by discussing dating and
8 her personal life.
9 4. Mr. Wacha failed to report to his supervisor that VG had become romantically
10 attached to him.
11 5. Mr. Wacha accepts responsibility for his behavior. He is aware of and remorseful for
12 his failure to set appropriate professional student-teacher boundaries and acknowledges his
3 behavior was inappropriate.
Qt IT IS SO STIPULATED:
12 <7me 5f 3~05
17 Duane Alan Wacha Date
131%”?!2741/0/1424m ‘we;
20 ictoria Cha Win, Executive Director Date
21 Teacher Standards and Practices Commission
22 CONCLUSION OF LAW
23 Duane Alan Wacha violated OAR 584-020-0035(c) by failing to maintain an
24 appropriate professional student-teacher relationship with VG. Mr. Wacha demonstrated and
25 expressed a professionally inappropriate interest in VG’s personal life. Mr. Wacha failed to
26 report to his supervisor that VG had become romantically attached to him. This misconduct
27 constitutes Gross Neglect of Duty. The Commission's authority to impose discipline in this
. matter is based upon ORS 342.175.
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WACHA

1 ORDER
‘ Based upon the foregoing the Commission imposes a Public Reprimand on Duane Alan
3 Wacha. This Stipulation of Facts, Order of Reprimand and Probation constitute the reprimand.
4 Prior to issuance of any future licensure by the Commission, Mr. Wacha shall, at his own
5 expense, seek the assistance of a qualified counselor approved in advance by the commission,
6 regarding appropriate professional boundaries. Such counseling shall include at least eight (8)
7 one-hour sessions. Mr. Wacha will provide the counselor with a copy of this Order, the District's
8 report to the Commission and the police report in this matter. The counselor will provide the ‘
9 Commission with a report of successful program completion.
1O Furthermore, the Commission imposes a four (4) year probation upon any further license
11 the Commission issues to Mr. Wacha subject to the following conditions:
12 1. Mr. Wacha shall comply with all Standards for Competent and Ethical Performance of
13 Oregon Educators pursuant to Chapter OAR 584, Division 020.

. 2. Wacha shall provide information, as requested by the Commission, to verify that he
15 has complied with the conditions of probation, including a statement from any future employing
16 district that he has complied with the Standards for Competent and Ethical Performance under
17 Chapter OAR 584, Division 020.

18 Violation of the terms of this probation may constitute an independent basis for the
19 Commission to impose discipline, up to and including revocation of Mr. Wacha’s right to apply
20 for a teaching license, subject to Mr. Wacha’s right to a hearing on the issue of whether he
21 Vlolated probatlon. £7‘)
22 lT IS SO ORDERED this day of May 2003.
23 TEACH ,:~ STAND .- I AND PRACTICES COMMISSION

- . 3.0/1“ .l ,4///14‘ 1. l 1L
25 ictoria Cha'H'lain, Executive Director
26 Ap ved as t form:

O M
28 Aruna Masih, OSB #97324
29 Attorney for Duane Alan Wacha [042303]

Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WACHA