‘xi t ' l BEFORE THE TEACIHER STANDARDS AND PRACTICES COB/[MISSION 2 OF THE STATE OF OREGON 3 In the Matter of the l Administrative License of STIPULATION OF FACTS 4 GARY LOREN WILSON AND ORDER OF PUBLIC REPRIMAND 5 i 6 On May 20, 1999, the Teacher Standards and Practices Commission issued a Notice of 7 Opportunity for Hearing to Gary Loren Wilson (Wilson) in which the Commission proposed to 8 take disciplinary action against Wilson under ORS 342,175 through 34211904 The basis of the 9 proposed action arose out of an investigation by the Commission afler a teacher in the school in 10 which Wilson is the principal, Mary Ellen Edwards, was convicted of failing to report child I‘ 11 abuse under ORS 419B1010 in the Clackamas County District Court. I 12 The Commission and Wilson have now reviewed the matters alleged and have agreed 13 that their respective interests, together with the public interest, are best served by entering this a 14 Stipulation of F acts and Order of Public Reprimand. In entering these stipulations, Wilson 15 waives his right to a hearing. This agreement sets forth the facts upon which the parties have 16 agreed and the Commission's order. l7 STIPULATION OF FACTS 18 1, Gary Loren Wilson has held an Oregon Administrative License since January 11, l9 1981. The Current Standard Administrative License is valid to October 7, 2003. The 20 Commission has not previously received a complaint concerning Mr, Wilson or taken any 21 disciplinary action against him. 22 /// ‘ 23 /// Page l - STIPULATION OF FACTS AND ORDER OF PUBLIC REPRHVIAND JGM:tjh\GEN51800 Depmmem ofJustice l162 Court Street NE 832%‘; $33331“ ‘ . 1 21 On or about April 1, 1998, Mary Ellen Edwards, a teacher supervised by Wilson 2 in Oregon Trail SD, was visited by a middle school student who complained of a number of 3 personal problems and conflicts within her family, including mistreatment by her older, teenaged 4 brother. Among the problems disclosed was a complaint that the brother was "messing with 5 her." Edwards contended that she was not sure what the student meant by this term. However, 6 the student asked Edwards to make her an appointment with a gynecologist and psychiatrist. 7 3. After the meeting, Edwards consulted with Wilson, as her supervisor and building 8 principal as required by school district policy. Edwards informed Mr. Wilson that she planned to 9 contact the student’s parents concerning the matter. Mr. Wilson did not direct Ms. Edwards to 10 file a report with the appropriate authorities, as specified by school district policy, and he did not 11 file his own report. On April 1, 1998, Edwards met with the student's mother at approximately ' 12 2:30 pm. and disclosed the various problems mentioned by the student, including the alleged 13 sexual abuse by her brother. l4 4. As a school employee, Ms. Edwards had a legal duty under ORS 4198.010 to 15 report suspected child abuse to the State Office for Services to Children and Families (SCF) or to 16 a law enforcement agency. Neither Wilson nor Edwards contacted the appropriate authorities. 17 5. Edwards was charged with Failure to Report Child Abuse and Official 18 Misconduct in Clackamas County District Court. On or about January 15, 1999, Edwards was l9 found not guilty alter a jury trial of official misconduct. However, the court found that Edwards 20 was guilty of a violation of ORS 4193010, the child abuse reporting law. Edwards was also 21 forced to resign her position in the Oregon Trail School District as a result of this incident. 22 /// . 23 /// Page 2 - STIPULATION 0F FACTS AND ORDER OF PUBLIC REPRIMAND JGM:tjh\GEN51800 Department of Justice 1162 Court Street NE 83%";3322233? _ .~ ‘m t . 1 6. Wilson violated OAR 584-020-0025 (3)(a) by not assuring that the proper 2 authorities were notified of possible child abuse as required by Oregon Trail School District 3 policy. 4 Wilson enters into this Stipulation of Facts with knowledge that the Teacher Standards 5 and Practices Commission will adopt an Order of Public Reprimand for neglect of duty. This 6 Stipulation is contingent upon approval and adoption of the Order by the Commission. If the 7 Commission does not adopt this Order, neither Wilson nor the Commission is bound by these 8 stipulations and Wilson retains all rights to a hearing on the allegations. 9 IT IS SO STIPULATED: 10 11 ‘ 5. ‘ ary Lor Wilson ate 12 13 7! / 71 0" David V. Myton, Exec tive Director Date 14 Teacher Standards an Practices Commission 15 ULTlMATE FINDINGS OF FACT 16 Under Oregon Trail SD policy, Wilson had a responsibility to assure that suspected child 17 abuse was reported to appropriate authorities. Failing to fulfill this responsibility constituted 18 gross neglect of duty under OAR 584-020-0025(3)(a). 19 OPINION 20 In this case, Wilson appears to be an experienced administrator who felt that he was 21 doing the right thing by concurring that Edwards should contact an interested parent. However, 22 Wilson's handling of the situation resulted in criminal charges being brought against a teacher ‘ 23 whom he supervised. The court found Edwards guilty of failure to follow the child abuse Page 3 - STIPULATION OF FACTS AND ORDER OF PUBLIC REPRIMAND JGM:tjh\GEN51800 DepartmentofJustice 1162 Court Street NE Salem, OR 97310 (503) 378-6003 .tw- _-. t1 ' 1 reporting laws because she did not have the legal discretion to handle the case as decided by 2 Wilson and Edwards. 3 The Commission concludes that Wilson is unlikely to repeat the conduct which resulted 4 in the violation. He should be aware, however, that any repeat misconduct of this type may 5 result in loss of licensure. 6 ORDER 7 The Commission imposes a public reprimand to Gary Loren Wilson for neglect of duty, 8 and this Order shall serve as the reprimand. This Order shall not be an impediment to 9 Mr. Wilson's renewing his Standard Administrative License to which he is otherwise eligible I’ 10 in 2003. a. T 11 DATED this / Z day oratiiézooo. ‘ 12 TEACHER STANDARDS AND PRACTICES COMMISSION 13 ‘ a By: 14 David V. Myt n, Exec tive Director 15 CERTIFICATE OF MAILING W -- l6 I hereby certify that [_, 2000, I served the foregoing order by mailing a true 17 copy thereof certified by me as such by U. S. First Class Mail and U.S. Certified Mail with 18 Return Receipt Requested to Gary Loren Wilson at the following address: 19 Gary Loren Wilson 11850 s12 38"“ Court 20 Boring, OR 97009 21 ' J \ ‘ 2 ‘III 6b. t .-r.g_5_ 22 ~ 'a-w'n‘ 'a'; ‘a. <22" ‘ /Y\e n'yflr " ammo 23 Page 4 - STIPULATION OF FACTS AND ORDER OF PUBLIC REPRIMAND J GM1tj h\GEN5 1 800 Department of Justice 1162 Court Street NE Salem,0R 97310 (503) 3784003