1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAND 5 ARTHUR PELS ) AND PROBATION 9 On or about January 30, 2017, the Teacher Standards and Practices Commission 8 (Commission) received a report from the Woodburn School District indicating Arthur 9 Pels (Pels) may have committed an act of gross neglect of duty and/ or gross unfitness. 10 After review of the matters alleged, Pels and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts, the imposition of a public reprimand, and a period of probation. 13 This Order sets forth the facts upon which the parties have agreed and the 14 sanction to be imposed. Pels stipulates that there are sufficient facts contained in the 15 Commission’s files and records to support the findings of fact and conclusions of law set 16 forth below. In entering into this stipulation, Pels waives the right to a hearing t0 contest 17 the findings of fact, conclusions of law and order set forth below. 18 By signing below, Pels acknowledges, understands, stipulates, and agrees to the 1 9 following: (i) he has been fully advised of his rights to notice and a healing to contest the 20 findings of fact, conclusions of law, and order set forth below, and fully and finally 21 I waives all such rights and any rights to appeal or otherwise challenge this Stipulation 0f 22 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii) 23 this Stipulation and Final Order is a public document and disclosed to the public upon 24 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 25 subject to approval and adoption by the Commission. If the Commission does not 26 approve and adopt this Stipulation and Final Order, then neither Pels nor the 27 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 28 Final Order, and understands it completely; (v) he voluntarily, without any force or 29 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 3O the Stipulated Final Order below; (vi) he states that no promise or representation has 31 been made to induce him t0 sign this Stipulation and Final Order; and (vii) he has 32 consulted with an attorney regarding this Stipulation and Final Order and has been fully 33 advised with regard to his rights thereto, or waives any and all rights to consult with an 34 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 35 the Stipulated Final Order below. Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND WITH PROBATION - ARTHUR PELS 1 STIPULATION OF FACTS 2 1. The Commission has licensed Pels since November 14, 2003. Pels’ Professional 3 Teaching License, with endorsements in English Language Arts (PK-12); English 4 to Speakers of Other Languages (PK-12); and Reading Intervention (PK-12), is 5 valid from March 26, 2016, through March 25, 2021. During all relevant times, 6 Pels was employed by the Woodburn School District. 7 2. On January 30, 2017, the Commission received a report from the Woodburn 8 School District indicating Pels may have committed an act of gross neglect of 9 duty and/ or gross unfitness. Specifically, Pels made unwelcome and 1O inappropriate comments to a female colleague and showed unapproved, 1 1 inappropriate material (music video) to students during class. 12 3. The Commission’s investigation determined that on October 13, 2016, AW, 13 another Woodburn School District educator, disclosed she felt sexually harassed 14 by Pels’ conduct. AW reported Pels commented to her, “Damn girl, you got some 1 5 long legs”, attempted to engage AW in unwanted social conversations, and 16 announced to her, in the presence of others, that Pels had some senior boys 17 lusting after her in his class. 18 It was further determined that in response to the male students in Pels’ class, 19 who were inappropriately discussing AW, Pels elected to show the class an 20 inappropriate and unapproved music video titled “Hot for Teacher” by Van 21 Halen. This video displayed female teachers in a sexual manner, with suggestive 22 lyrics, scantily clad female “teachers”, and sexual innuendos. Pels did not seek or 23 receive administrative approval to show the questionable video, and the music 24 video was determined to not be related to any class curriculum. School officials 25 determined Pels’ conduct violated local policy and on November 9, 2016, issued 26 Pels a Letter of Reprimand. 27 28 IT IS SO STIPULATED'. 29 - ‘ é f 2 g ‘ K 2k} 30 31 Artilr’ e s Date ii 64/; £1 M17 34 Trent Danowski, Co-Interim Executive Director Date 35 Teacher Standards and Practices Commission 36 Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND WITH PROBATION — ARTHUR PELS 1 CONCLUSION 0F LAW 2 The conduct described above constitutes gross neglect of duty in violation of ORS . 3 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(1) 4 (Recognize the worth and dignity of all persons and respect for each individual), OAR 5 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district 6 lawful and reasonable rules and regulations); and OAR 584-020-0030(2)(b) (Skill in 7 communicating with administrators, students, stajj‘, parents, and other patrons). 8 9 The Commission’s authority to impose discipline in this matter is based upon 10 ORS 342.175. . 1 1 ORDER 12 The Commission adopts and incorporates herein the above findings of fact and 13 conclusions of law, and based thereon, imposes a Public Reprimand on Arthur Pels’ 14 Oregon educator licenses. 15 Furthermore, the Commission imposes a period of two (2) years of probation 16 upon Pels’ licensure to commence from the date this order is signed by the Commission 17 and subject to the following conditions: 18 1. Pels shall comply with the Standards for Competent and Ethical Performance of 19 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 20 020. 21 2. Pels will complete a Commission approved training related to his conduct as 22 described in sections two and three above, and submit proof of same prior to the 23 completion of his probation period. (Pels successfully completed the NASDTEC 24 training “Prevention and Correction” on August 26, 2017, and completed an 25 extensive five (5) credit communication and sensitivity course titled “Nurturing 26 Compassion Within The Schools” on August 26, 2017; fulfilling this requirement 27 in advance.) 28 29 Issued and dated this m day of November, 2017. 30 TEACHER STANDARDS AND PRACTICES COMMISSION 31 STATE or OREGON 32 w 33 By M/g i glam Z 34 Trent Danowski, Co-Interim Executive Director Page 3 STlPULATlON OF FACTS AND ORDER OF REPRIMAND WITH PROBATION — ARTHUR PELS