i BEFORE THE TEACHIS STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAN D 5 JOHN PATRICK MORAN ) AND PROBATION (73 On or about June 7, 2016, the Teacher Standards and Practices Commission 8 (Commission) received a report from the SKSD indicating John Patrick Moran (Moran) 9 may have committed an act of gross neglect of duty and/or gross unfitness. 10 After review of the matters alleged, Moran and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts, the imposition of a Public Reprimand, and a period of probation. 1 3 This Order sets forth the facts upon which the parties have agreed and the 14 sanction to be imposed. Moran stipulates that there are suffieient facts contained in the 1 5 Commission’s files and records to support the findings of fact and conclusions of law set 16 forth below. In entering into this stipulation, Moran waives the right to a hearing to 17 contest the findings of fact, conclusions of law and order set forth below. 18 By signing below, Moran acknowledges, understands, stipulates, and agrees to 19 the following: (i) he has been fully advised of his rights to notice and a hearing to contest 20 the findings of fact, conclusions of law, and order set forth below, and fully and finally 21 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 22 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii) 23 this Stipulation and Final Order is a public document and disclosed to the public upon 24 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 25 subject to approval and adoption by the Commission. If the Commission does not 26 approve and adopt this Stipulation and Final Order, then neither Moran nor the 27 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 28 Final Order, and understands it completely; (v) he voluntarily, without any force or 29 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 30 the Stipulated Fina] Order below; (vi) he states that no promise or representation has 31 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 32 consulted with an attorney regarding this Stipulation and Final Order and has been fully 33 advised with regard to his rights thereto, or waives any and all rights to consult with an 34 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 35 the Stipulated Final Order below. aaog'gAiNSTIPULATION OF FACTS AND ORDER 0F REPRIMAND wnH PROBATION - JOHN PATRICK 1 S'I'IPULATION OF FACTS 2 1. The Commission has licensed Moran since October 23, 1992. Moran's Standard 3 Teaching License, with an endorsement in Basic Elementary (016), is valid from 4 December 30, 2012, through December 29, 2017. During all relevant times, 5 Moran was employed by the Salem Keizer School District (SKSD). 6 2. On June 7, 2016, the Commission received a report fiom the SKSD indicating 7 Moran may have committed an act of gross neglect of duty and/or gross 8 unfitness. Specifically, Moran engaged in unwelcome physical contact and/or 9 inappropriate comments with a female employee in violation of sexual 1 0 harassment policy. 1 1 3. Investigation determined that during the 2015-2016 school year, Moran 12 occasionally subjected a coworker to unwanted physical contact and 1 3 inappropriate conversations. Moran’s coworker described times when Moran 14 would encourage her t0 sit next to him at meetings and then would whisper to her 1 5 inappropriate comments. She stated that on two occasions Moran touched her on 16 the thigh area in a manner that made her feel uncomfortable. The coworker asked 17 Moran to stop his behavior, and Moran would for a while but then resume his 18 conduct at a later date. Additionally, Moran sent her unwanted emails and text 19 messages. In these messages Moran stated things similar to; “You are hot in a 20 cowboy hat”, “You smell delicious”, “I love you.” and “You are HOT”. 0n April 21 28, 2016, the coworker emailed Moran and informed him that his behavior had 22 crossed over a line and needed to stop or she would have to notify her supervisor. 23 Moran stopped his behavior and later explained that he had only been “clowning 24 around”, that the messages were “A bad joke”, and that Moran’s intention was 25 only teasing in nature. School officials determined Moran’s conduct violated local 26 policy and issued Moran a letter 0f Warning and transferred him to another 27 buildirg. 28 2? IT IS SO STIPULATED: 2? fl f. 3%,: % 2/ 2017 32 ohn Patrick Moran t Da ii’ $312 OW YAMQQo/j 35 Trent Danowski. Co-Interim Executive Director Date 36 Teacher Standards and Practices Commission aaoglgiNSTlPULATION OF FACTS AND ORDER OF REPRIMAND WITH PROBATlON — JOHN PATRICK 1 2 CONCLUSION OF LAW 3 The conduct described above constitutes gross neglect of duty in violation of ORS 4 342.175(1)(b); OAR 584020-0040(4)(n) as it incorporates OAR 584-020-ooro(r) 5 (Recognize the worth and dignity of all persons and respect for each individual), OAR 6 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district 7 lawfirl and reasonable rules and regulations), OAR 584-020-0030(2)(b) (Skill in 8 communicating with administrators, students, stafi‘, parents, and other patrons); and 9 OAR 584-020-0040(4)(1) (Sexual harassment). 1 O 1 1 The Commission’s authority to impose discipline in this matter is based upon 12 ORS 342.175. 1 3 14 ORDER 1 5 The Commission adopts and incorporates herein the above findings of fact and 16 conclusions of law, and based thereon, imposes a Public Reprimand on John Patrick 17 Moran’s Oregon educator licenses. 18 Furthermore, the Commission imposes a period of one (1) year of probation upon 19 Moran’s licensure to commence from the date this order is signed by the Commission 20 and subject to the following conditions: 21 r. Moran shall comply with the Standards for Competent and Ethical Performance 22 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 23 020. 24 2. Moran will complete a Commission approved training related to his conduct as 25 descrrhcd in section two (2) above and submit proof of same prior to the 26 completion of his probation period. 27 28 Issued and dated this _j_t‘2\ day of November, 2017. 29 TEACHER STANDARDS AND PRACTICES COMMISSION 30 STATE OF OREGON $2 32 By g é ZLMmZ 33 Trent Danowski, Co-Interim Executive Director “PlaglggNSTlPULATION OF FACTS AND ORDER OF REPRIMAND WITH PROBATION - JOHN PATRICK.