1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 ln the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of: ) FINAL ORDER OF g RON ESSEN SIMMONS ) REVOCATION OF RIGHT TO APPLY 7 On or about March 13, 2006, the Teacher Standards and Practices Commission 8 (Commission) received a report indicating that Mr. Simmons may have engaged in conduct 9 constituting gross neglect of duty. 10 The Commission charged Mr. Simmons with gross neglect of duty and issued a Notice 11 of Opportunity for Hearing on October 7, 2009. After review of the matters alleged, Mr. 12 Simmons and the Commission agree that their respective interests, together with the public 13 interest, are best served by a stipulation to certain facts, the revocation of his right to apply for a 14 license, and an agreement not to reapply for an Oregon teaching license. 15 By signing below, Mr. Simmons acknowledges, understands, stipulates, and agrees to 16 the 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 Reprimand (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public 20 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and 21 Final Order is contingent upon and subject to approval and adoption by the Commission. If the 22 Commission does not approve and adopt this Stipulation and Final Order, then neither Mr. 23 Simmons nor the Commission are bound by the terms herein; (iv) he has fully read this 24 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any force 25 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the 26 Stipulated Final Order below; (vi) he states that no promises or representation have been made 27 to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney Page 1 - STIPULATION OF FACTS AND REVOCATION OF RIGHT TO REAPPLY- SIMMONS 1 regarding this Stipulation and Final Order and has been fully advised with regard to his rights 2 thereto, or waives any and all rights to consult with an attorney prior to entering into this 3 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 4 STIPULATION 0F FACTS 5 1. The Commission has licensed Mr. Simmons since July 1, 1976. Mr. Simmons most 6 recently held a Standard Teaching License with an endorsement in Standard Language Arts 7 that was valid from April 2, 2004 through May 25, 2009. Mr. Simmons has not applied to renew 8 his license and is currently retired. 9 2. During all relevant times, Mr. Simmons was employed by the Springfield School 1O District as a high school teacher and athletic coach. 11 3. On or about March, 2006, two former students alleged that in 1987 or 1988 Mr. 12 Simmons touched them inappropriately by placing his hand near their groin area or in their 13 armpits while they were performing weight lifting exercises. 14 4. Mr. Simmons admitted that he touched a few male weight lifting students in the groin 15 area and under their arms for the purpose of checking their body temperature while they were 16 lifting weights. He devised this method himself and discontinued using it in 1992 after 17 discussions with school administrators. 18 IT l O STI TED AND AGREED TO: 19 £1771 Zgl-M-y g-ar-w 20 Ron n Simmons Date @2725ng c- Ho 23 ictoria Cham a‘ , Executive Director Date 24 Teacher ndards and Practices Commission 25 I ll 26 / / / 27 / / / 28 / / / Page 2 — STIPULATION OF FACTS AND REVOCATION 0F RIGHT TO REAPPLY- SIMMONS 1 CONCLUSIONS OF LAW 2 Mr. Simmons’s conduct described above constitutes gross neglect of duty in violation of 3 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates 584-020-0010(5); OAR 584- 4 020-0015(2)(e); OAR 584-020-0040(4)(f); OAR 584-020-0040(4)(0) as it incorporates OAR 584- 5 020-0035(3)(a). 6 The Commission has the authority to impose discipline in this matter under ORS 7 342.120 through 342.430 and OAR Chapter 584. 8 FINAL ORDER 9 The Commission adopts and incorporates herein the above findings of facts and 10 conclusions of law and hereby revokes Mr. Simmons’ right to apply for reinstatement of his 11 Standard Teaching License. Mr. Simmons agrees not to reapply for an Oregon teaching 12 license. % V 13 Issued and dated this L day OWMO. 14 TEACHER STANDARDS AND PRACTICES COMMISSION 15 STATE OF GON j a i? aw 18 Victoria Chamber ai cutive Director 19 Page 3 - STIPULATION OF FACTS AND REVOCATION OF RIGHT TO REAPPLY- SIMMONS