. \ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMIvflSSION OF THE STATE OF OREGON ' 2 1n the Matter of the Teaching License of: 3 STIPULATION OF FACTS, PUBLIC Gary Wiese REPRIMAND, AND ORDER 4 5 On or about May 20, 1999, the Teacher Standards and Practices Commission (the 6 “Commission”) issued a Notice of Opportunity for Hearing t0 Gary Wiese (“Wiese”) in which 7 the Commission proposed to suspend or revoke his teaching license or otherwise impose 8 discipline under ORS 342.177. The Commission and Wiese have now reviewed the matters ' 9 alleged and agree that their respective interests, together with the public interest, are best served 10 by a stipulation to certain facts and the issuance of a public reprimand‘ This agreement sets forth 11 the facts upon which the parties have agreed and the sanctions to be imposed. In entering into 12 this Stipulation, Wiese waives his right to a hearing to contest any of the findings set forth . l3 below, l4 FINDINGS 0F FACT 15 1. Wiese holds a current standard teaching license valid until July 11, 2002. 16 2. Wiese was employed as a music teacher by the Coquille School District from c/ 17 1971 until his retirement in 1999i obllgfi) é!“ M A ,gu) 18 3. On or about February 26, 1998A female instructional assistant in the music 19 program complained that Wiese had professed romantic feelings for her and had been hugging 20 her in the classroom. 21 4i On or about February 26, 1998 Wiese was asked about the complaint, and as a 22 result he was admonished by his principal to cease making affectionate comments and giving 23 hugs to the instructional assistant, I [Page 1 - STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER GCCIIaI\GEN3 50211DOC Department of Justice l 162 Court Street NE Salem, OR 97310 (503) 3784003 ‘ 1 5. On or about June 1, 1998 the instructional assistant reported that in May 1998 2 Wiese again made unwanted overtures to her, sent her cards and notes and attempted to hug her. 3 6. The school district investigated the complaints and determined that Weise had 4 sexually harassed the instructional assistant by creating an intimidating and offensive working 5 environment. Wiese did not contest that determination. 6 7. During the time in question, Wiese was being treated for depression, passivity and 7 symptoms of posttraumatic stress disorder. 1n approximately June 1998 he began taking 8 prescription medication and seeing a psychiatrist. The psychiatrist opined that during the period 9 of inappropriate behavior toward the instructional assistant, Wiese was suffering from major _ 10 depression and his cognitive abilities were effected. 11 8. Wiese has retired from teaching. 12 Wiese enters into this Stipulation of Facts with the knowledge that TSPC will adopt an '13 Order requiring the issuance of a public reprimand. This Stipulation is contingent upon the 14 approval and adoption of the Order by the Commission. If the Commission does not adopt this 15 Order, neither Wiese nor the Commission are bound by these stipulations and he retains all rights 16 to a hearing on the allegations. 17 IT IS SO STIPULATED: 18 A 19 , W A’? - /3 , 9? Gary Wie Date 20 21 0 i 412.10 6% 2%: q 5‘ {0 0 22 David V. Myton, Executive Secretary Date Teacher Standards and Practices Commission 23 Page 2 - STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER GCC:rar\GEN3 5021.DOC Depanlnenl of Justice 1162 Court Street NE Salem. OR 97310 (503) 3786003 .' ' I . G Q . l CONCLUSSION 0F LAW 2 The conduct described in the Findings of Fact constitutes gross neglect of duty as that 3 term is defined under ORS 342.175(1) and OAR 534-020-0040(4)(L). 4 OPINION 5 In consideration of Wiese’s long unblemished employment record. his cognitive deficit 6 stemming from a major depressive episode, his acknowledgement of his mistakes and his 7 medical treatment to resolve the misconduct, the Commission has determined a public reprimand 8 is appropriate. 9 ORDER 10 The Commission issues a public reprimand against Wiese. The Findings of Fact, 11 Conclusion of Law, Opinion and Order’s herein shall serve as the public reprimand. it .12 DATED this /? day (£32214! #00 1999. l3 TEACHER STANDARDS AND PRACTICES COMIVHSSION ‘4 Q A Map.“ David V. Myton, Exec tive Director 16 Approved as to Form: l7 I 181M //’/" .1, Z 2'le 'ZZ W Bishop 7 Date l9 ‘ torney for Wiese 20 21 A» a! l L , Z 2 — Qj Gary C. C rdy Date 22 Attorney for TSPC 23 Page 3 — STIPULATION OF FACTS, PUBLIC REPRIMAND, AND ORDER GCC:rar\GEN35021.DOC Departmem of Justice 1162 Cnufl Street NF. Salem. (1R 97310 (503) 3721-0003