t 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter 0f the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAN D 5 CHRISTOPHER DE CASTRO ) AND PROBATION g During the time between April 2012 and March 2013, the Teacher Standards and 8 Practices Commission (Commission) received a report from the Pine Eagle School 9 District, and several patron complaints, alleging professional misconduct 0n the part of 1O licensed educator, Christopher Howard De Castro (De Castro). 1 1 After review of the matters alleged, De Castro and the Commission agree that 12 their respective interests, together with the public interest, are best served by a 1 3 stipulation to certain facts and the imposition of a Public Reprimand and two year 14 Probation. 15 This Order sets forth the facts upon which the parties have agreed and the 16 sanction to be imposed. De Castro stipulates that there are sufficient facts contained in 17 the Commission’s files and records to support the findings of fact and conclusions of law 18 set forth below. In entering into this stipulation, De Castro waives the right to a hearing 1 9 to contest the findings of fact, conclusions of law and order set forth below. 20 By signing below, De Castro acknowledges, understands, stipulates, and agrees to 21 the following: (i) he has been fully advised 0f his rights to notice and a hearing to contest 22 the findings of fact, conclusions of law, and order set forth below, and fully and finally 23 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 24 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii) 25 this Stipulation and Final Order is a public document and disclosed to the public upon 26 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 27 subject to approval and adoption by the Commission. If the Commission does not 28 approve and adopt this Stipulation and Final Order, then neither De Castro nor the 29 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 3O Final Order, and understands it completely; (v) he voluntarily, without any force or 31 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 32 the Stipulated Final Order below; (vi) he states that no promise or representation has 33 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 34 consulted with an attorney regarding this Stipulation and Final Order and has been fully 35 advised with regard to his rights thereto, or waives any and all rights to consult with an Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — DECASTRO, CHRISTOPHER 1 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 2 the Stipulated Final Order below. 3 STIPULATION OF FACTS 4 1. The Commission has licensed De Castro since August 17, 2001. De Castro’s 5 Initial I Teaching License, with endorsements in Multiple Subjects (MIDLVL), 6 Multiple Subjects Self-Contained (ECE, ELE), and Special Education (ML/ HS, 7 ECE/ELE L), issued on December 29, 2012, expires on December 28, 2015. 8 During all relevant times, De Castro was employed by the Pine Eagle School 9 District. 10 2. Commission investigation determined that De Castro used poor judgment in 1 1 making inappropriate comments to and around students. Students complained 12 that at times, De Castro used inappropriate language, unsuitable references, and 13 engaged in discussions that were demeaning and made the students feel 14 uncomfortable 15 / / / 16 IT IS SO STIPULATED: 1; Dag/,1.’ m4 1 9 'F'Cas'o g Da 5(1) {.1 .4132/ 11/ ’ M /-5?i~/Q 22 ' ict01ar Ch 1557 ain, ecutive Director Date 23 Teacher Standards - - Practices Commission 24 25 CONCLUSION OF LAW 26 The conduct described above constitutes gross neglect of duty in violation of ORS 27 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(1) 28 (Recognize the worth and dignity of all persons and respect for each individual), OAR 29 584-020-0010(5) (Use professional judgment); OAR 584-020-004o(4)(o) as it 3O incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries 31 with students in conduct and conversations at all times). 32 33 The Commission’s authority to impose discipline in this matter is based upon 34 ORS 342.175. 35 36 . Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — DECASTRO, i CHRISTOPHER 1 ORDER 2 Based on the foregoing, the Commission hereby orders as follows: 3 1. The Commission adopts and incorporates herein the above findings of fact and 4 conclusions of law, and based thereon, imposes a Public Reprimand on 5 Christopher Howard De Castro’s Educators License; 6 7 2. De Castro is hereby placed on probation for a period 0f two (2) years from the 8 date this order is signed by the Commission subject to the following conditions: 9 1O a. De Castro shall comply with the Standards for Competent and Ethical 1 1 Performance of Oregon Educators under Oregon Administrative Rules 12 Chapter 584, Division 02o. 1 3 ‘ 14 Violation of any term or condition of probation shall constitute an independent basis 15 for the Commission to revoke De Castro’s teaching license, revoke his right to apply 16 for a license, or otherwise impose discipline, after first providing De Castro with 17 notice and opportunity for hearing. 1 8 % 19 Issued and dated this L day of March, 2014. 20 TEACHER STANDARDS AND PRACTICES COMMISSION i 21 STATE OF OREGON \ 22 - 23 By M 24 Victoria Chamberlain, Executive Director Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — DECASTRO, CHRISTOPHER