1 BEFORE THE TEACHIS STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND FINAL ORDER OF 5 JEFFREY SCOTT MILLER ) REPRIMAND AND PROBATION s On April 13, 2010, the Teacher Standards and Practices Commission (Commission) received 8 report from Portland Public Schools indicating that Mr. Miller may have engaged in gross neglect of 9 duty. 10 After review of the matters alleged, Mr. Miller and the Commission agree that their respective 11 interests, together with the public interest, are best served by a stipulation to certain facts and a public 12 reprimand along with a two—year period of probation. I 13 This document sets forth the facts upon which the parties have agreed and the stipulated I 14 sanction to be imposed. Mr. Miller stipulates that there is sufficient evidence in the Commission's files I 15 and records to support the findings of fact, conclusions of law, and order set forth below. 16 By signing below, Mr. Miller acknowledges, understands, stipulates, and agrees to the 17 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of 18 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 19 rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Reprimand and 20 Probation($tipulation and Final Order); (ii) this Stipulation and Final Order is a public document and I 21 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is I 22 contingent upon and subject to approval and adoption by the Commission. if the Commission does I 23 not approve and adopt this Stipulation and Final Order, then neither Mr. Miller nor the Commission are 24 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it I 25 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Order 26 and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no I 27 promises or representation has been made to induce him to sign this Stipulation and Final Order; and I 28 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully I 29 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior I Page 1 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND ~ MILLER I l l 1 lo entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 2 below. This Order sets forth the facts upon which the parties have agreed and the sanction to be 3 imposed. Mr. Miller stipulates that there are sufficient facts contained in the Commission's files and I 4 records to support the findings of fact and conclusions of law set forth below. In entering into this 5 stipulation, Mr. Miller waives the right to a hearing to contest the findings of fact, conclusions of law 6 and order set forth below. 7 STIPULATION OF FACTS 8 1. Mr. Miller has been licensed as a teacher since June 30, 1983. Mr. Miller currently holds a 9 Standard Teaching License issued May 6, 2010, with an endorsement in Standard Social Studies, 1O which expires on May 5, 2015. During all relevant times he was employed with the Portland Public 11 School District. 12 2. On May 21, 2001, Mr. Miller was reprimanded by Portland Public Schools for using 13 derogatory terms in class. On March 16, 2004, Mr. Miller was reprimanded by Portland Public 14 Schools for using threatening language toward two high school students. On June 4, 2010, Mr. Miller 15 was reprimanded for failing to present a balance of views in class and using inappropriate swear 16 words and inappropriate language in the classroom. 17 3. Between school years 00-01 to 03-04, Mr. Miller engaged in verbal altercations with 18 students and used inappropriate or demeaning language directed at students when referring to them. 19 4. During the 08-09 school year, Mr. Miller discussed the presidential election in a biased 20 manner. Between 08-09 and 11-12 school years, Mr. Miller used derogatory terms in class when 21 discussing U.S. History even though he was asked by a student not to do so. 22 /// 23 /// I 24 //l I 25 /// 26 l/l Page 2 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - MILLER 1 5. Mr. Miller has displayed posters in his classroom of a sexually suggestive nature. 2 The posters include skate boards with animated models in sexually suggestive positions and 3 containing captions including “school sucks" and "I hate school". I 4 5 IT IS SO STIPULATED AND AGREED TO: I 6 . " M ‘ 7 ‘III; WW 5’ I 8 guwi I J Miller Date 18 I” M //~//»/i l 11 Victoria Cham 55'! xecutive Director Date , 12 Teacher Standards and Practices Commission 1 3 I 14 coucwsrous 0F LAW I 15 1. By engaging in the conduct in paragraph 1 to 4 above, Mr. Miller engaged in gross neglect of I 16 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584- 17 020-0010(1) (Recognize the worth and dignity of all persons and respect for each individual), I 18 OAR 584-020-0010(3) (Promote democratic and inclusive citizenship), OAR 584-020- I 19 0025(2)(a) (Establishing and maintaining classroom management that is conducive to I 20 learning), OAR 584-020-0030(2)(b) (Skill in communicating with administrators, students, staff, I 21 parents, and other patrons), OAR 584-020-0010(5) (Use professional judgment), OAR 584- 22 020-0015t2)(e) (Skill in the selection and use of teaching techniques conducive to student 23 learning), OAR 584-020-0030(3)(d) (Skill in reconciling conflict); OAR 584-020-0040(4)(o) as it 24 incorporates OAR 584-020-0035(1)(c)(A) (Not demonstrating or expressing professionally 25 inappropriate interest in a student's personal life), and OAR 584-020-0035(1)(c)(D) (Honoring 26 appropriate adult boundaries with students in conduct and conversations at all times). 27 li/ 28 /// Page 3 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - MILLER I l 1 2. By engaging in the conduct in paragraph 5 above, Mr. Miller engaged in gross neglect of duty 2 in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 3 ‘0025(2)(a) (Establishing and maintaining classroom management that is conducive to 4 learning), OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0015(2)(e) (Skill I 5 in the selection and use of teaching techniques conducive to student learning). I I 6 FINAL ORDER I 7 1. Based on the foregoing, the Commission hereby imposes a Public Reprimand on Jeffrey Scott I 8 Miller. I 9 2. The Commission further places Mr. Miller on probation for a period of 2 years beginning the I 10 date that this order is final. During the period of probation, Mr. Miller will follow the standards I 11 set by TSPC and state law for Oregon. I 12 3. During the term of his probation, Mr. Miller will enroll in and successfully complete a sensitivity I 13 training course subject to Commission approval. 14 4. Violation of any term or condition of probation shall constitute an independent basis for the I 15 Commission to revoke Mr. Miller's teaching license or othenivise impose discipline, after first I 16 providing Mr. Miller with notice and opportunity for hearing. I 17 l 18 issued and dated this//—fiiday of November, 2013. 19 TEACHER STANDARDS AND PRACTICES COMMISSION I 20 STATE OF REGON / r l M Q41” M M/ 5; 4 / raw 23 ictoria Cha r ' , Executive Director 24 Page 4 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - MILLER l l l I