BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the Educator ) DEFAULT ORDER OF
License Of ) REVOCATION OF RIGHT TO APPLY
DALE ARNOLD BUCKENDAHL ) FOR AN EDUCATOR LICENSE
On May 23, 2013, the Teacher Standards and Practices Commission (Commission) issued
a Notice of Opportunity for Hearing to Dale Arnold Buckendahl (Buckendahl) in which the
Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First Class
Mail and U.S. Certified Mail Receipt 7011 2000 0001 1282 3534 to the address on file with the
Commission. The Notice designated the Commission file as the record for purposes of proving a
prima facie case. The Certified Mail receipt was returned t0 the Commission “signed” 0n May 24,
2013. The first class mail was not returned to the Commission. The Notice of Opportunity of
Hearing, dated May 23, 2013, and signed by Victoria Chamberlain, Executive Director, stated:
“IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL.
IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING,
THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE
THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
On June 26, 2013, Buckendahl requested a hearing. A hearing was scheduled for March 18 and
19, 2014. On March 5, 2014, the Commission received a letter from Buckendahl’s attorney
advising that Buckendahl was withdrawing his request for a hearing. The Commission, therefore,
finds Buckendahl to be in default and enters the following findings 0f fact, conclusions of law, and
final order, based on the files and records of the Commission concerning this matter.
FINDINGS OF FACT
1. The Commission has licensed Buckendahl since August 26, 1998. Buckendahl held a Basic
Teaching License with an endorsement in Basic Elementary (016), issued June 23, 2009,
which expired on June 22, 2012. During all relevant times, Buckendahl was employed by
the Beaverton School District as a substitute teacher.
PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LlCENSURE- BUCKENDAHL, DALE ARNOLD

2. On August 8, 2003, the Commission adopted a Stipulation of Facts and Order of
Suspension and Probation upon Buckendahl’s licensure. The facts supporting the
suspension of Buckendahl’s license in 2003 included the following conduct on the part of
Buckendahl:

a. Inappropriate email correspondence with students.

b. Giving gifts to students.

c. Sending students cards and personal notes.

d. Inappropriate physical contact with students.

e. Attempting to access sexually explicit materials through the school district’s internet

connection.

As a result, Buckendahl’s license was suspended for thirty days, Buckendahl was required
to submit to a psychological evaluation, complete boundaries and sexual harassment
training and placed on probation for a period of four years.

3. On July 26, 2011, the Commission received information from the Portland Police Bureau
indicating Buckendahl may have committed acts which constitute gross neglect of duty. In
February 2011, Portland Police received a complaint from one of Buckendahl’s former
students, YM. YM told investigators that on or about April through May 2008, while she
was a student in third grade, Buckendahl had sexually touched her while Buckendahl was
her substitute teacher at Alder Elementary School.

4. On several separate occasions between April to May 2008, Buckendahl reached under a
table and touched YM’s vagina. Buckendahl reached under her skirt, pushed aside her
shorts and underwear, and touched YM’s bare vagina. Buckendahl attempted t0 insert his
finger into her vagina but YM was able to reposition herself to prevent this.

5. Buckendahl paid extra attention to a group of five Hispanic girls (including YM).
Buckendahl would compliment them, hug them, and rub these student’s shoulders.
Buckendahl did not refer to YM by her name, but Buckendahl called her “Bonita” meaning
“Pretty” in Spanish. Buckendahl would ask YM to stay after class or during recess, but she
refused because she was afraid to be alone with him.

CONCLUSIONS OF LAW
Dale Arnold Buckendahl engaged in unprofessional conduct as described above. This
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LICENSURE- BUCKENDAHL, DALE ARNOLD

conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-
0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 584-
020-oo4o(4)(o) as is incorporates OAR 584-020-0035(1)(b) (Refrain from exploiting
professional relationships with any student for personal gain, or in support of persons or
issues), OAR 584-020-0035(1)(c)(A) (Not demonstrating 0r expressing professionally
inappropriate interest in a student's personal life), OAR 584-020-0035(1)(c)(D) (Honoring
appropriate adult boundaries with students in conduct and conversation at all times); and OAR
584-020-0040(4)(f) (Any sexual conduct with a student). The Commission may rely on the
definitions of sexual conduct in ORS 339.37o(9) and OAR 584-020-0005(5).
The Commission's authority to impose discipline in this matter is based upon ORS
342-175‘
FINAL ORDER
The Commission hereby revokes Dale Arnold Buckendahl’s Right to Apply for an Educator
License.
IT IS s0 ORDERED THIS 427%}, of March, 2014.
TEACHER STANDARDS AND PRACTICES COMMISSION
By: ___—_____
Victoria Chamberlain, Executive Director
NOTICE OF APPEAL OR RIGHTS
YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF
THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LlCENSURE- BUCKENDAHL, DALE ARNOLD