l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the ) DEFAULT ORDER OF 5 Administrative License of ) LICENSE SUSPENSION 6 TERRY JOHN KNEISLER ) 7 8 On June 6, 2011, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Terry John Kneisler (Kneisler) in which 10 the Commission charged him with Gross Neglect of Duty pursuant to ORS 1 l 342.175(1)(b); OAR 584-020-0040(4)(a); OAR 584-020-0040(4)(n) as it incorporates 12 OAR 584-020-0010(5) and OAR 584-020-0025(2)(d);and OAR 584-020-oo4o(4)(o) as 13 it incorporates OAR 584-020-0035(3)(a). The Notice was sent via U.S. First Class Mail 14 and U.S. Certified Mail Receipt 7010 0290 0001 6831 3582 to the address on file with 15 the Commission. The Certified Mail was signed for by Kneisler on June 10, 2011. The 16 Notice of Opportunity of Hearing, dated June 6, 2010, and signed by Victoria 17 Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 22 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Kneisler did not request a hearing. The Commission, therefore, finds Kneisler to be in 27 default and enters the following findings of fact, conclusions of law and order, based on 28 the files and records of the Commission concerning this matter. 29 FINDINGS OF FACI' 30 1. The Commission has licensed Terry John Kneisler as an administrator in Oregon 31 since August 20, 1996. Kneisler’s current Standard Administrative License, with a 32 Standard Superintendent endorsement, issued on February 17, 2007, is valid until 33 February 16, 2012. During all relevant times, Kneisler was employed as 34 Superintendent of the Reynolds School District. PAGE 1-DEFAULT ORDER OF LICENSE SUSPENSION - KNEISLER, TERRY JOHN 1 2. While employed as Superintendent of the Reynolds School District, Kneisler used his 2 position to obtain reimbursements for elective medical expenses not covered by his 3 official compensation package. 4 3. Kneisler’s receipt of these reimbursements resulted in the Oregon Ethics 5 Commission finding that he violated ORS 244.041, (Except as provided in 6 subsection (2) of this section, a public oflicial may not use or attempt to use oflicial 7 position or oflice t0 obtain financial gain or avoidance of financial detriment for 8 the public oflicial, a relative 0r member of the household of the public ojficial, or 9 any business with which the public ofiicial 0r a relative or member of the household 10 of the public oficicial is associated, if the financial gain or avoidance of financial 11 detriment would not otherwise be available but for the public oflician holding of 12 the oflicial position or oflice), and ORS 244.041(a), (Any part of an official 13 compensation package as determined by the public body that the public official 14 serves), and an assessment of a civil penalty against him. 15 4. Kneisler incorrectly believed that he was entitled to apply for, receive and retain l6 district reimbursements for uninsured medical expenses for himself and family 17 members as part of his compensation as an administrator employed by the Reynolds 18 School District. These expenses were not contained in his written contract, but 19 because of district past practice, Kneisler sought reimbursement. 20 CONCLUSIONS OF LAW 21 Terry John Kneisler’s conduct described in #2 above constitutes gross neglect of 22 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates 23 OAR 584-020-0010(5) (Use of professional judgment), OAR 584-020-0025(2)(d) 24 (Using district and school business and financial procedures) ; and OAR 584-020- 25 0040(4)(a) (Knowing and substantial unauthorized use 0f: school name 0r financial 26 credit; school materials or equipment for personal purposes; or school personnel to 27 provide personal services unrelated t0 school business). 28 / / / 29 / / / 30 / / / 31 Kneisler’s conduct described in #3 and #4 above constitutes gross neglect of duty PAGE 2-DEFAULT ORDER OF LICENSE SUSPENSION - KNEISLER, TERRY JOHN 1 Kneisler’s conduct described in #3 and #4 above constitutes gross neglect of duty 2 in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(0) as it incorporates OAR 3 584-020-0035(3)(a) (Maintain the dignity of the profession by respecting and obeying 4 the law, exemplifying personal integrity and honesty). 5 6 The Commission’s authority to impose discipline in this matter is based upon 7 ORS 342.175. 8 FINAL ORDER 9 The Commission hereby suspends the licensure of Terry John Kneisler for a 10 period of 30 days. 4% 11 1T IS SO ORDERED THIS é day of January, 2012. 12 TEACHER STANDARDS AND PRACTICES COMMISSION 13 ‘ ‘4 24L) 15 By: V l6 1ctoria Ch ' , Executive Director 17 l8 19 20 21 NOTICE OF APPEAL OR RIGHTS 22 23 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 24 BE OBTAINED BY FILING A PETITION FOR REVIEW INITHIN 60 DAYS FROM THE 25 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 26 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF LICENSE SUSPENSION - KNEISLER, TERRY JOHN CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of default order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail~Return Receipt Requested, addressed to: Terry John Kneisler 2915 SW Pleasant View Drive 44w Gresham, OR 97080 Dated this H day of January, 2012. By: l 222244711 fiiZMi Patricia Liddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING—KNE|SLER, TERRY JOHN