- ww GOVT SERVICES @002 O 1 2 BEFORE THE TEACHER CTANDARDS AND PRACTlCES COMMISSION 3 OF THE STATE OF OREGON 4 ln the Matter of the ) STlPULATION OF FACTS, 5 Teaching License of ) SURRENDER, AND 673 ROBBY E TATE, JR. _ g ORDER OF REVOCATION 8 On or about April 22, 2002, the Teacher Standards and Practices Commission 9 (Commission) received a report from Charles L. Barker, Superintendent, Three Rivers 10 School District, indicating that Robby E. Tate, Jr., (Tate) violated a District directive, 11 issued on June 19, 2001, by failing to maintain professional boundaries with a female 12 student at Hidden Valley High School during the 2001 -2002 academic year. .1 After review of the matters alleged, Mr. Tate and the Commission agree that 14 their respective interests, together with the public interest, are best served by a 15 stipulation to certain facts and surrender of his teaching license pursuant to OAR 584- 16 050-0027. 17 This Order sets forth the facts upon which the parties have agreed and the 18 sanction to be imposed. In entering into this stipulation, Mr. Tate waives the right to a 19 hearing to contest the finding of fact, conclusion of law and order set forth below. Mr. 20 Tate understands that the Commission will revoke his teaching license. 21 This stipulation is contingent upon approval and adoption of the Order by the 22 Commission. If the Commission does not adopt this Order, neither Mr. Tate nor the 23 Commission are bound by these Stipulations and Mr. Tate retains all rights to a hearing 24 on the allegations. ‘.5 Page 1 STIPULATION OF FACTS, SURRENDER, AND ORDER OF REVOCATION - ROBBY E. TATE Jr. cenmmadoc - 11/19703 10:46 FAX soa an; 6829 ‘GOVT SERVICES wow, O 1 STIPULATION OF FACTS 2 Mr. Tate and the Commission stipulate to the following facts and that there is 3 substantial evidence in the record to support these facts: 4 1. The Commission issued Mr. Tate’s current Standard Teaching License on 5 August 21, 2000, valid until September 26, 2005, with a Standard Advanced ‘ 6 Mathematics Endorsement. 7 2. Mr. Tate began his employment with Three Rivers School District in August of 8 1992. Mr. Tate served as a math teacher and a coach until his resignation effective the 9 end of the 2001-2002 school year. . 10 3. Mr. Tate became involved in an overly personal relationship with a female 11 student he coached during the 2000-2001 school year. During that period, Mr. Tate ' sent the student emaii messages-that were excessively personal and went beyond 13 subjects appropriate to a teacher-student relationship. He also engaged in frequent 14 telephone conversations with the student for personal and non-professional reasons. 15 4. Mr. Tate was investigated by the Josephine County Sheriff's office as a result 16 of his contact with this student in June of 2001. At that time, the student and Mr. Tate 17 denied the allegations. No criminal charges were filed as a result of the investigation. 18 However, the Josephine County Child Abuse team indicated that Mr. Tate‘s, “...contact 19 with the female student was excessive and beyond the realm of a teacher or coach's 20 usual contact." 21 5. Three Rivers School District reprimanded Mr. Tate for failing to maintain a 22 professional student-teacher relationship with the female student by letter dated June ‘3 19, 2001. The Reprimand directed Mr. Tate to: maintain professional boundaries with 24 students; not to discuss his personal life with students; keep his classroom door open Page 2 ggfiltliliigalggcw FACTS, SURRENDER, AND ORDER OF REVOCATION - ROBBY E. TATE Jr. mes om ‘ . 1 when talking with a student; and directed to inform his building principal and refer to a 2 counselor any student who may have a ‘crush' or emotional attachment. s c. Durindthiéiépfririg,of‘2602.2:ME2Taté,\‘I'i10'liaiseithéiiifilstiictisi'fiiFlédtivéi-liii 4 continuing ‘to’: Havetbers'ohaitoniaatsviith ‘the;stripefitaiiiayéfibm;ftiiei?;scfi66!-,toi non 5 educatior'iatéhmbéeS-i a 7. During'{tlieischool-,day onMarch 1'1531}T20i12'.;.Mrf'-Iate1"reportég.;i6iri1eédisirict.that 7 he was. sick_.an‘d left work. .macr'rre was-Thor area-slashed‘ district officialsivveré 8 unable-to'reac'h 'him for the remainder oftheday. 9 8. 0n April 19, 2002, Three Rivers School District issued a Finding of Fact and 10 Recommendation for Dismissal indicatingthat Mr. Tate violated the June 19, 2001 11 directive by failing to maintain a professional student-teacher relationship with the .2 female student. Thereafter, ‘Mr. Tate resigned his teaching position, effectiVe at the end 13 of the school year. I lg {25,4 Z cl J: 42L 1 l [g1 £03 16 Robby . Tate, Jr. Date 17 ' 18 MM ___________,;-Q£.0; 19 ictoria Cha in, Executive Director Date 20 Teacher Standards and Practices Commission 21 22 CONCLUSIONS OF LAW 23 1. Mr. Tate failed to refrain from exploiting his professional relationship with a 24 female student for personal purposes and failed to maintain a professional 25 student-teacher relationship with a student. This conduct constitutes Gross ‘6 Neglect of Duty in violation of OAR 584-020-0040(o) as that rule incorporates 27 OAR 584-020-0035(1). Page a ggfingTgSSCOF FACTS, sURRENDER, AND ORDER OF REVOCATION - ROBBY E. TATE Jr. . , 11/19/8; 47 FAX sowirfigfw lgL-[uua O 1 2. Mr‘;TateViolate'd"school-gtstrictiipbiiciesfiairid‘i-tfieilpioi/isionsbf”fiisl'emp'lbyrnefit 2 specialising lsiéik'iiéavé-toté Ibéri'édfifiiriié' =WH€rillhé=wféd§1ii6f srckT'Ihii's; 3 coriductpprisiiruies ‘Gross,‘N'egreétlhfgbtriyiin".lriési'airrori-iof ,oAR 258440201 4 0040(crahd' 5940204102014)‘ibi"asitfiézttrilléimbibbrféreéOAR-$554020: 5 .0655(Ziibgii"5hd“'(31,(éii‘ ' 6 ORDER 7 The Commission accepts the surrender of Mr. Tate’s Standard Teaching License 8 and hereby revokes said licensure issued to Robby E. Tate, Jr. 9 Un'derafiRS:3112-"1‘75'(3)£ar591berséh"5wh5§ef.‘iliciéfiéeiliésibéén retibke'd ihéiirébbii 10 to" the ‘canmisswater-‘reinstatement are?afiefiyssr~irsrrriraewere iqt'irévdcaiiBE-i'" ifiW-i 11 Tate sriBLrld-iépbiiiirqi'i'e'rriéiateniéntiérisoriié’itiiiiréfiiéré:Tfiiiégiéitécrjsjbii wanid-Jieliiiiiriq ' the,discretion'.-o’f the/Commissioners’Whartonsider-{hie-1fiattéf'ia'tlthattiri'i'efi'Withom _ 1a limiting the discretion ofrurure,cé'riirfiissiisné'rsiii-is.exbeci'ed,a‘ar ‘a hrin'imumg'ériiét1imri 14 Tate Wd'u'id:rjiie'arliii'derfi'onsirareitliiqt'ifiii‘fiisié'éiitiiié'fifi‘d.ailiiirbughiévidéiiiceiféfiriblieéliriii 15 é.n.'fé>%rzéit.'intirtiéidqé'é hptifhavléiéf riieifité'l'atriliiiéibfil"boirflitibfiifiiatliiiéiiisliibéuéalfhiiiiiié 16 fbrr'ii'ihafibtdiiriéié.irelllitib'néhipsWithfétudieiitiiithléihéthas‘?detéiiériediisatiatéitoiii 17 insight and personareo'niior inriiéiatéfa of;a}:p‘to6iiii‘iéistftiir‘epiii‘éécii€r.bé'ririda'riesfing 18 that thereis'a'high probability hewill‘ not engag_e_'in,_.si'rr_.1iliar-misbehaviorbrother 19 professional ‘misconductinthe'f'uture'. 20 /// 21 /// l 22 /// ' 23 /// i .24 /// Page 4 STIPUIJXTION OF FACTS, SURRENDER, AND ORDER OF REVOCATION — ROBBY E. TATE Jr. GENH4706.doc . - ugliws 16: 41 FAX 503 378 6829 cow SERVICES town . e , 1 IT lS so ORDERED this A5 day of imam; >2 , 20011 2 TEACHER STANDARDS AND PRAC ICES COMMISSION 4 By: MZ/Edml2 I ' 5 “voria Chamberl xecutive Director 6 Approved as to fonn; 7 1 \ ‘ g. s / 4 9 Jog/S. BiShOp, OSB #89022 10 Att _ney for Robby E. Tate, J . ‘ 11 \ - 12 Page 5 STIPULATION OF FACTS, SURRENDER, AND ORDER 0F REVOCATION - ROBBY E. TATE Jr. GENH4706.doc