1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF TI-[E STATE OF OREGON 3 In the Matter of the | Teaching License of 4 STIPULATION OF FACTS, PUBLIC CURTIS WILKINS REPRIMAND, AND ORDER OF PROBATION 5 6 On or about September 22, 1999, the Teacher Standards and Practices Commission 7 (Commission) issued a Notice of Opportunity for Hearing to Curtis Wilkins (Wilkins) in which 8 the Commission proposed to suspend or revoke his teaching license or otherwise impose 9 discipline under ORS 342.177. Wilkins was charged with violating the personal space of 10 students and co-worker, using inappropriate verbal comments and engaging in inappropriate 11 physical contact with students. The commission and Wilkins have now reviewed the matters 12 alleged and agree that their respective interests, together with the public interest, are best served 13 by a stipulation to certain facts, the issuance of a public reprimand and placement on probation 14 for a period of one (1) year. This agreement sets forth the facts upon which the parties have . 15 agreed and the sanctions to be imposed. In entering into this stipulation, Wilkins waives his right 16 to a hearing to contest any of the findings set forth below. l7 FINDINGS OF FACT 18 Wilkins denies many of the factual allegations but agrees and stipulates that evidence in 19 the record exists to support the following Findings of Fact: V 20 l. Wilkins holds a current standard teaching license valid until November 30, 2000. 21 2. Wilkins was employed as a teacher at Toledo Middle School, Lincoln County 22 School District (District) from 1990 to 1998. 1 23 /// Page l - STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER OF PROBATION GMC/tjh/GEN56887 @5123: 52::ch 832?; $32233? . 1 3. During February 1998 Wilkins placed his hand on the shoulder of a female co- 2 worker, Gail Hill, and leaned close to her to explain something related to his teaching duties. 3 The co-worker later reported the incident as unwelcome and violative of her personal space. 4 Wilkins apologized for the teacher’s discomfort and there were no further incidents of a similar 5 nature. 6 4. During the 1997-98 school year, two female students, CM and MC, stated that, 7 while assisting them in class, Wilkins had leaned over or near to them in a manner that made 8 them feel uncomfortable. The District concluded that Wilkins violated the personal space of the 9 two students. Neither the students nor their parents initiated a complaint against Wilkins. 10 5. During the 1997-98 school year a female student, CH, accused Wilkins of 11 brushing her buttocks with his hand while she passed him in a crowded doorway. The student’s ' 12 close friend, CaC, verified the conduct. 13 6. During the 1997-98 school year a student, CoC, complained about being too hot 14 in Wilkins’ class and asked if she could open an exterior door. Wilkins denied her request and 15 commented in substance that the whole class knew she was “hot” and that she should take her 16 seat and stop being disruptive. Wilkins use of the word “hot” was inappropriate under the l7 circumstances and made the student feel uncomfortable. 18 7. The School district did not condone Wilkins actions, however the district did not 19 discipline him for any of the allegations referenced in paragraphs l through 6. 20 Wilkins enters into this Stipulation of Facts with the knowledge that the TSPC will adopt 21 an Order requiring the issuance of a public reprimand, placing Wilkins on one (1) year of 22 probation and imposing additional conditions while on probation. This stipulation is contingent . 23 upon the approval and adoption of the Order by the Commission, If the Commission does not Page 2 - STIPULATION OF FACTS, PUBLIC REPRMAND, AND ORDER OF PROBATION GMC’“‘“GEN5°887 rarerztsiizitt 8222;522:5231" . 1 adopt this Order, neither Wilkins nor the Commission are bound by these stipulations and he 2 retains all rights to a hearing on the allegations. 3 IT IS SO STIPULATED 4 5 QM 32514 éé%£ifi'z éflgeugf' /6 'LDOO Curtis Wilkins Date 6 7 AQtl/tww’ kalpk: (n 352 96 David V. Myton, Execut ve Director Date 8 Teacher Standards and Practices Commission 9 CONCLUSIONS OF LAW 1O 1. In February 1998, Wilkins violated OAR 584-020-0040(4)(n) by approaching 11 Gail Hill, a school counselor, touching her, and invading her personal space. . 12 2. During the 1997-98 academic year, Wilkins violated OAR 584-020-0040(4)(n) by l3 verbal and physical conduct towards female students CM, MC, CH and CoC. 14 OPINION 15 In consideration of the fact that Wilkins engaged in misconduct primarily out of a lack of 16 understanding of the importance of maintaining personal space, the Commission concludes the 17 sanction of public reprimand and probation is appropriate. 18 ORDER 19 The Commission issues a public reprimand against Wilkins. The Findings of Fact, 20 Conclusion of Law and Order herein shall serve as the public reprimand. Wilkins will also be 21 placed on probation for a period of one (1) year commencing on the date of this order, subject to 22 the following conditions: . 23 /// Page 3 - STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER OF PROBATION GMC/ljh/GEN56887 Department of Justice 1162 Court Street NE Salem, OR 97310 (503) 378-6003 . 1 1. Wilkins shall comply with all Commission requirements, including but not 2 limited to, those articulated in OAR Chapter 584, Division 20 — the standards for competent and 3 ethical performance by Oregon educators. ' 4 2. Wilkins will notify the Commission’s Executive Director of employment as a 5 licensed teacher in this state or elsewhere and any discipline or investigation occurring while 6 employed as a teacher and during the period of probation. 7 3. If Wilkins returns to teaching he will prior to employment or within 30 days 8 thereof, attend sexual harassment training approved by the Executive Director and at his own 9 expense of not less than four hours, The Commission will provide Wilkins with a list of persons 10 who or organizations that conduct training on an individual basis. 11 4. Wilkins will provide to the Commission such information as requested by the ‘ 12 Executive Director to verify that he has complied with the conditions of probation, including a l3 statement from his employing district that he has complied with the standards for competent and l4 ethical performance. 15 Violation of any terms of probation shall constitute an independent basis for the l6 Commission to impose discipline on Wilkins’ license, afler first providing Wilkins notice and an l7 opportunity for hearing on the issue of whether he violated probation. 18 DATED this if?” of r t éfll 2000 19 TEACHER STANDARDS AND PRACTICES COMMISSION 20 )iijz ()/%nji By: 21 David V. Myton, Executive Director 22 ' 23 Page 4 - STIPULATION OF FACTS, PUBLIC REPRHVIAND, AND ORDER OF PROBATION GMC/tjhlGEN56887 [5221223 £25216; 5315?; 52.2335” . l Approved as to form: 2 ~ . 4 5' ‘simian.’ l9 ° O 3 Elizabe‘, Joffe ‘ \' Date Attorney for Curtis Wilkins 4 / / gr 0 5 4A/ 9 ' / r O Gary C, C [rdy Date 6 Attorney for TSPC 7 8 9 10 1 l O 12 13 l4 15 16 17 18 19 20 21 i 22 O 23 Page 5 - STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER OF PROBATION GMC/tjh/GEN56887 Department 0f Justice 1162 Court sum NE Salem, OR 97310 (503) 3186003