0 O 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF REPRIMAND 5 JOHN STUART DIXON ) AND PROBATION 6 On or about March 4, 2004, the Teacher Standards and Practices Commission 7 (Commission) received a report from Wayne Travillion, Executive Director of Human 8 Resources, Reynolds School District indicating that John Stuart Dixon [Dixon] engaged 9 in unprofessional conduct through his interactions with female students and staff. 10 After review of the matters alleged, Mr. Dixon and the Commission agree that 11 their respective interests, together with the public interest, are best served by a 12 stipulation to certain facts, the imposition of a Public Reprimand and two (2) year ' 13 probation. This Order sets forth the facts upon which the parties have agreed and the . sanction to be imposed. Mr. Dixon stipulates that there are sufficient facts contained in 15 the Commission’s tiles and records to support the findings of fact and conclusions of law 16 set forth below. In entering into this stipulation, Mr. Dixon waives the right to a hearing 17 to contest the findings of fact, conclusion of law and order set forth below. 18 Mr. Dixon understands that the probation will be subject to specific conditions. 19 STIPULATION 0F FACTS 20 1. The Commission has licensed John Stuart Dixon since July 31, 1996. 21 Mr. Dixon currently holds a Standard Teaching License with a Standard Health and 22 Standard Physical Education endorsement valid November 14, 2003, through ‘ 23 November 4, 2008. 24 2. During the period of October 2001, through March 2004, Mr. Dixon was . employed as a Physical Education teacher with the Reynolds School District. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION ~ Dixon 0 O 1 3. During the period of October 2001, Mr. Dixon engaged in inappropriate ‘ physical conduct with Cameron Bracy, a Counselor at Reynolds High School. Such 3 inappropriate conduct included lifting Ms. Bracy off the floor and holding her against the 4 wall in a hug tor an inappropriate length of time in the Reynolds High School Gym in 5 front of students. 6 4. During the period of September 2003, Mr. Dixon engaged in inappropriate . 7 physical conduct with JT, a 17 year old female student. Such inappropriate physical 8 conduct included grabbing the student's shorts and pulling the shorts high on her body, 9 exposing the students butt cheeks to many members of the boy's basketball team. At 1O or about the same time, Mr. Dixon made various comments about JT’s “thong 11 unden/vear’ commenting on the color. 12 5. Mr. Dixon recognizes that his touching of the student and the remarks about a ' female student's undenrvear was inappropriate. ‘ 14 John Stuart Dixon enters into this Stipulation of Facts with the knowledge that the 15 Teacher Standards and Practices Commission shall place him on probation for a period , 16 of two (2) years. This Stipulation is contingent upon approval and adoption of the Order t 17 by the full Commission. If the Commission does not adopt this Order, neither Mr. Dixon 18 nor the Commission are bound by these stipulations and Mr. Dixon retains the right to a 19 hearing on the allegations. 20 IT rs so STIPULATED:" 21 4/ ‘y, . k/ M 22 h art Dixon . Date 23 Wkly/11M 4/4014) 3— /é "@6- 24 Victoria Cham, Executive Director Date 6 Teacher Standards and Practices Commission Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Dixon - 0 o 1 CONCLUSIONS OF LAW ‘ 1. John Stuart Dixon violated OAR 584-020-0040(4)(f) (sexual conduct with a . 8 student) by failing to maintain an appropriate professional student-teacher relationship 4 by pulling a female student's gym shorts high and exposing the students butt cheeks to 5 members of the boys basketball team and by making comments in front of other 6 student's regarding the color of the students “thong underwear’. This misconduct 7 constitutes Gross Neglect of Duty. 8 2. John Stuart Dixon violated OAR 584-020-OO40(4)(I) (sexual harassment) by 9 failing to maintain an appropriate professional student-teacher relationship. The 10 Commission's authority to impose discipline in this matter is based upon ORS 342.175. 11 John Stuart Dixon violated OAR 584-020-0040(4)(I) (sexual harassment) by engaging in 12 physical conduct of a sexual nature when he lifted a co-worker off the gym floor in a hug v ' and pressed her against the wall, holding her in that position. This conduct constitutes 14 Gross Neglect of Duty. 15 // / 16 // / 17 /// O Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Dixon Q O 1 ORDER ‘ The Commission imposes a Public Reprimand on John Stuart Dixon. This 3 Stipulation of Facts, Order and Probation constitutes the Reprimand. Furthermore, the 4 Commission imposes a two (2) year probation upon Mr. Dixon subject to the following 5 conditions. 6 The terms of probation are as follows: 7 1. Mr. Dixon shall, seek evaluation by a mental health professional acceptable to - 8 the Commission. As part of his evaluation, Mr. Dixon shall furnish a copy of this order 9 to the evaluator. 1O 2. The evaluator shall submit to the Commission, a written report attesting that 11 Mr. Dixon is fit to work with children or minors and that there is a high probability 12 Mr. Dixon will not repeat inappropriate physical contact with students and staff in the . future. Mr. Dixon shall submit to the Executive Director of the Commission reports of 14 his compliance with the treatment plan. Mr. Dixon shall provide these reports every six 15 (6) months during his probation, on or before October 14, 2005, April 28, 2006, 16 October 14, 2006 and April 28, 2007. 17 3. Mr. Dixon shall comply with all Standards for Competent and Ethical I 18 Performance under Oregon Administrative Rules, Chapter 584, Division 020. 19 If Mr. Dixon does not comply with his treatment plan based on the reports of his 20 treatment provider 0r as otherwise determined by the Executive Director he shall be in 21 violation of the terms of this probation. Violation of the terms of this probation may 22 constitute an independent basis for the Commission to impose discipline, up to and 23 including revocation of Mr. Dixon’s teaching license subject to Mr. Dixon’s right t0 a .- /// 25 /// Page 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Dixon 1 hearing on the issue of whether he violated probation. ' IT IS so ORDERED this $75 day of April, 2005. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 4 . 5 By flz/r/V 6 Victoria Chamberla , xecutive Dire tor 7 230 form: 8 / CA 9 Adarn S. Arms, OSB#01018 1O Attorney for John Stuart Dixon [0316051 Page 5 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Dixon