BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSI 1 I N R ECE IVED OF THE STATE OF OREGON FEB 0 7 2014 Teacher Standa amnesia? 3 ittitasttgima mm‘ , JOHN BRADFORD YATES ) OF LICENSURE i On June 4, 2012, and on June 5, 2012, the Teacher Standards and Practices Commission (Commission) received two separate complaints from patrons of the Santiam Canyon School District alleging that licensed educator, John Bradford Yates (Yates), had committed acts of unprofessional conduct. Also, on June 5, 2012, the Commission received a report from the Santiam Canyon School District advising that Yates had violated professional standards. Specifically, that Yates had sexually harassed two employees during his tenure as an administraton After review of the matters alleged, Yates and the Commission agree that their respective interests, together with the public interest, are best served by a stipulation to certain facts, and the revocation of Yates’ Oregon educator license. This document sets forth the facts upon which the parties have agreed and the stipulated sanction to be imposed. Yates stipulates that there is sufficient evidence in the Commission’s files and records to support the findings of fact, conclusions of law, and order set forth below_ By signing below, Yates acknowledges, understands, stipulates, and agrees to the following: (i) he has been fully advised of his rights t0 notice and a hearing to contest the findings of fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Revocation of Licensure (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by the Commission. If the Commission does not approve and adopt this Stipulation and Final Order, then neither Yates nor the Commission are bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any force Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION — YATES, JOHN or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. In entering into this stipulation, Yates waives the right to a hearing to contest the findings of fact, conclusions of law and order set forth below. STIPULATION OF FACTS 1. The Commission has licensed Yates since March 6, 1979. Yates currently holds a Standard Teaching License issued August 1, 2010, with endorsements in Basic Mathematics (018) and Standard Social Studies (020), which expires on July 31, 2015. Yates also holds a Standard Administrative License issued September 1, 2007, with endorsements in Standard Administrator (074) and Standard Superintendent (090), which was scheduled to expire on July 31, 2012. Yates made timely application for renewal of his Administrative license and his expiration was extended pending the final outcome of the Commission’s investigation. During all relevant times, Yates was employed by the Santiam Canyon School District as the Superintendant. 2. On June 4, 2012, and June 5, 2012, the Commission received information from two patrons and the Santiam Canyon School District indicating Yates had committed acts of unprofessional conduct. 3. Investigations by TSPC and the school district identified the following unprofessional conduct on the part of Yates: a. Yates engaged in inappropriate physical contact, hugging and kissing, with two female employees he supervised, b. Yates used inappropriate language in the presence of, and directly in conversation with one of the female employees he supervised. Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION —YATES, JOHN 1 c. Yates inappropriately referred to one of the female employee’s breasts as “the girls” when he spoke to her about her illness with shingles. d. Yates shared emails that contained inappropriate jokes, pictures, and cartoons with one of the female employees he supervised, 4. Yates was diagnosed with Parkinson’s in April or May of 2012. Doctors advised Yates that Parkinson’s was accelerated by stress and advised him to retire. Yates officially retired in June 2012. While Yates contests the validity of the allegations made against him, he does not want the related stress of a contested case hearing to advance his disease. IT IS SO STIPULATED: 4-» ~ _L'_$:_"l_______.__ Jo W ‘f. ‘I’ / _\ Date [liz ////. 1/1,. 1.“ _Mf/‘$/— 'ictoria Ch ' b 7n, ecutive Director Date Teacher Stan ards an Practices Commission CONCLUSION OF LAW John Bradford Yates engaged in unprofessional conduct as described in section three (3) above. This conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of all persons and respect for each individual), OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(3)(a) (The competentAdminisrrator demonstrates: Leadership skills in managing the school, its students, stafl; and programs as required by lawful and reasonable district policies, rules, and regulations, state and federal laws and regulations, and other programs as assigned, and assures that stafl is informed of these requirements), OAR 584-020-0025(2)(e) (The competent teacher demonstrates skills in: Using district lawful and reasonable rules and regulations), OAR 584-020-oo3o(2)(b) (Skill in communicating with administrators, students, stafl, parents, and other patrons); and OAR 584-020-oo4o(4)(1) (Sexual harassment) as that term is defined in OAR 584-020-ooo5(6). Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION — YATES, JOHN ‘ The Commission’s authority to impose discipline in this matter is based upon ORS 342-175 ORDER The Commission adopts the above Stipulation of Facts, and revokes the educator License of John Bradford Yates. IT IS SO ORDERED this M day of March, 2014. TEACHER STANDARDS AND PRACTICES COMMISSION oria Cham ' cutive Director Page 4 STIPULATION OF FACTS, ORDER OF REVOCATION — YATES, JOHN CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts, Final Order of Revocation of Licensure, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail -- Return Receipt Requested, addressed to: John Bradford Yates PO Box 88 Cloverdale, OR 97112-0088 1i DATED this [5* > day of March, 2014 By: P idde Investigative Assistant l CERTIFICATE OF MAILING ~ YATES, JOHN BRADFORD