R E C E IV E D 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION SEP 0 2 2015 2 OF THE STATE OF OREGON Teacher Standards & Practices Commission 3 In the Matter of the ) STIPULATION OF FACF S AND 1 4 Educator License of ) FINAL ORDER OF REVOCATION 5 PETER JEFFREY MABRY ) 6 On October 4, 2013, the Teacher Standards and Practices Commission (Commission) 7 received a report from the administration of the Astoria School District (District) indicating 8 licensed educator Peter Mabry may have committed acts which constitute gross neglect of duty. 9 After review of the matters alleged, Mabry and the Commission agree that their 1O respective interests, together with the public interest, are best served by a stipulation to certain 1 1 facts, and the revocation of Mabry’s license. 12 This document sets forth the facts upon which the parties have agreed and the stipulated 13 sanction to be imposed. Mabry stipulates that there is sufficient evidence in the Commission’s 14 files and records to support the findings of fact, conclusions of law, and order set forth below. 1 5 By signing below, Mabry acknowledges, understands, stipulates, and agrees to the 16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 17 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 18 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 19 Order of Revocation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a 20 public document and disclosed to the public upon request by the Commission; (iii) this 21 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 22 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 23 then neither Mabry nor the Commission are bound by the terms herein; (iv) he has fully read 24 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any 25 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry 26 of the Stipulated Final Order below; (vi) he states that no promises or representation has been 27 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 28 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION — MABRY, PETER i 1 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this 2 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. In 3 entering into this stipulation, Mabry waives the right t0 a hearing to contest the findings of fact, 4 conclusions of law and order set forth below. 5 STIPULATION OF FACTS 6 1) The Commission has licensed Mabry since July 26, 1999. Mabry currently holds an Initial II 7 Teaching License issued July 6, 2012, with an endorsement in Biology (HS), which expires l 8 on September 5, 2015. During all relevant times, Mabry were employed by the Astoria 9 School District. 10 2) On October 4, 2013, the Commission received a report from the administration of the 1 1 Astoria School District indicating Mabry may have committed acts which constitute gross 12 neglect of duty. The report stated local police conducted an investigation into allegations 13 that Mabry had an inappropriate sexual relationship with a student on or about March of 14 2004. Police and Commission investigations determined that during the 2003 — 2004 15 school year: 16 a) Mabry exchanged inappropriate communications with a 17 year old, female student HS 17 via a computer instant message system. These occurred outside of school hours and 18 included personal, non-school matters. 19 b) Mabry spent time alone with HS in his classroom. Mabry met with the student in 20 person, outside of school, and engaged in inappropriate physical contact, which included 21 intimate touching, kissing and Mabry performing oral sex on HS. 22 c) Mabry allowed HS to reside in his home under the pretense that she would help care for 23 you while you recovered from an ankle injury. Mabry’s wife and family were out of the 24 country for several months during this time. On or about March of 2004, Mabry and HS 25 engaged in sexual intercourse while she resided in Mabry’s residence. Mabry and HS 26 had an ongoing sexual relationship alter March 4, 2004. HS turned 18 on March 3, Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION — MABRY, PETER 1 2004, graduated from high school on June 5, 2004, and she moved out of Mabry’s 2 residence on June 6, 2004, to accept a summer sailing employment opportunity. 3 IT IS SO SI'IP LATED: 4 ‘l Z Z7’ Z 2 i, 5 P Ma _ Date y L ictoria C a ain, Executive Dirfclfr“) Date X / , 8 Teacher Standar s and Practices Commission 9 CONCLUSIONS 0F raw f 10 Peter Jeffrey Mabry engaged in unprofessional conduct as described above. This conduct 11 constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) 12 as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 584-020- 13 oo4o(4)(o) as is incorporates OAR 584-020-0035(1)(c)(A) (Not demonstrating or expressing 14 professionally inappropriate interest in a student's personal life), OAR 584-020-0035(1)(c)(B) 15 (Not accepting or giving or exchanging romantic or overly personal gifts or notes with a 16 student), OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students 17 in conduct and conversation at all times), and OAR 584-020-0040(4)(f) (Any sexual conduct 18 with a student). 19 The Commission’s authority to impose discipline in this matter is based upon ORS 20 342.175. 21 ORDER 22 The Commission adopts the above Stipulation of Facts, and revokes Peter Jeffrey 23 Mabry’s educator license. 24 rr IS so ORDERED this 101": day of MMMAML 2015. 25 TEACHER DARDS PRACTICES COMMISSION 26 hi Lea/ I 27 B z 4 ' flM/t) 28 c oria Chamberlain, Executive Director Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION — MABRY, PETER i CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Revocation. certified by me as such, by mailing U.S. First Class Mail and US. Certified Mail — Return Receipt , Requested, addressed to: Peter Jeffrey Mabry 1595 5‘h St Astoria, OR 97103-5312 DATED this a QR‘; day of November, 2015. By: ‘i Pa 1d e1 Investigative Assistant Certificate of Mailing — Peter Jeffrey Mabry Data Classification Level: 1 e Published DO: Liddell