BEFORE THE
TEACHER STANDARDS AND PRACTICES COMMISSION
STATE OF OREGON
IN THE MATTER OF: ) FINAL ORDER INCORPORATING
) AMENDED PROPOSED ORDER
)
KEVIN JOHN PLECHL ) OAH Case No.2 1002055
This matter came before the Teacher Standards and Practices Commission during
its public meeting of February 3, 2012. The Commission considered the Amended
Proposed Order and exceptions filed by Licensee on January l 1, 2012, as well as the oral
argument that was presented on February 3, 2012.
The Commission does not find Licensee’s exceptions persuasive, and hereby
adopts the attached Amended Proposed Order as the F inal Order.
Now therefore, a Public Reprimand is imposed upon Licensee Kevin John Plechl.
. . 3M
It IS so Ordered this 1 day of September 2012.
\
Victoria Chamber aé, Egjzéutive Director,
Teacher Standards and Practices Commission
NOTICE: You are entitled to judicial review of this order. Judicial review may be
obtained by filing a petition for review within 60 days of the service of this order.
Judicial review is pursuant to the provision of ORS 183.482 to the Oregon Court of
Appeals.
In the Matter 0f Kevin J. Plechl
Page 1 of 2

On September f‘! , 2012, I mailed the foregoing Final Order Incorporating
Amended Proposed Order in OAH Case No. 1002055.
By: First Class Mail
Heidi K. Brown
Attorney at Law
Bennett, Hartman, Morris & Kaplan
111 SW Fifth Avenue, Suite 1650
Portland 0R 97204-3627
By: Shuttle
Judith Anderson
Assistant Attorney General
Department of Justice
1162 Court Street NE
Salem OR 97301-4096
Hearings Coordinator
Office of Administrative Hearings
4600 25"‘ Avenue NE, Ste 140
Salem OR 97301
/ /‘ ’ Mir/VJ

LII/ZIM
Meloy H p
Dire or of ' 1. essional Practices
In the Matter of Kevin J. Plechl
Page 2 of 2

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
STATE 0F OREGON
for the

TEACHER STANDARDS AND PRACTICES COMIVIISSION
IN THE MATTER OF THE TEACHING ) AMENDED PROPOSED ORDER
LICENSE OF: )

)

KEVIN JOHN PLECHL ) OAH Case No.: 1002055

This matter came before the Teacher Standards and Practices Commission during
its regular meeting of July 22, 2011 to consider the proposed order issued by
Administrative Law Judge Ken Betterton. Licensee did not file exceptions to the
Proposed Order. After considering the record herein, the Commission adopts the ALJ’s
Findings of Fact, reasoning, and conclusion of law (l), (2) and (3). The Commission
amends conclusion of law (4) by changing the sanction to a public reprimand. The '

H Commission now issues this Amended Proposed Order.

The history of the case, issues and findings of fact, as stated by ALJ Betterton, are
set forth below:

HISTORY OF THE CASE

On April 6, 2010, the Teachers Standards and Practices Commission (TSPC)
issued a Notice of Opportunity for Hearing to Kevin John Plechl (Licensee), seeking to
discipline him for violating laws regarding his licensure. Licensee filed a timely request
for hearing on April 8, 2010.

The TSPC referred the case to the Office of Administrative Hearings on
November 18, 2010. The case was assigned to Senior Administrative Law Judge Ken L.
Betterton.

A telephone pre-hearing conference was held on January 4, 2011. Licensee was
represented by Attorney Heidi K. Brown (Brown). The TSPC was represented by >
Assistant Attorney General Judith K. Anderson (Anderson).

A hearing was held in Salem, Oregon on April 14 and 15, 2011. Attorney Brown
represented Licensee. Assistant Attorney General Anderson represented the TSPC.

The following witnesses testified for the TSPC: Kathryn Nove, Director of
Employment Relations, Salem-Keizer School District; Licensee; and Ariel Williams,
mother of student Christianna Allen.

In the Matter of Kevin John Plechl, OAH Case N0. 1002055
Page 1 of 37

The following witnesses testified for Licensee: Bob Jones, Assistant Principal at
McNary High School; Robin Buckingham, teacher with Salem-Keizer School District;
Eric J ohansen, attorney at law and soccer coach; Mark Risen, Assistant Principal and
Athletic Director with Salem-Keizer School District; Pam Miller, teacher at McNary
High School; Rod Fretz, retired teacher and soccer coach; Dawn Plechl, Licensee’s wife;
and George Finch, the TSPC’s Legal Liaison. Licensee also testified on his own behalf.

The record closed April 15, 2011, and the matter was taken under advisement.

On May 18, 2011 a proposed order was issued.
ISSUES

(1) Whether Licensee engaged in gross neglect of duty under ORS 342.175(1)(b)
by deviating from professional standards of competency and ethics, by failing to maintain
an appropriate student-teacher relationship by demonstrating or expressing professionally
inappropriate interest in a student’s personal life, in violation of OAR 584-020-
0035(1)(c)(A).

(2) Whether Licensee engaged in gross neglect of duty under ORS 342.175(1)(b)
by deviating from professional standards of competency and ethics, by failing to maintain
an appropriate student-teacher relationship by not reporting to his supervisor when he had
reason to believe a student was or may have become romantically attached to him, in
violation of OAR 584-020-0035(1)(c)(C).

(3) Whether Licensee engaged in gross neglect of duty under ORS 342.175(1)(b)
by failing to report child abuse in violation of OAR 584-020-0040(4)(s) and ORS
4 1 98.01 0.

(4) If Licensee committed one or more of the above violations, what discipline
should be imposed?

EVIDENTIARY RULING

Exhibits Al and A4 through A7, offered by the TSPC, were admitted into
evidence without objection. Exhibits A2, A3, A8 and A9, offered by the TSPC, were
admitted into evidence over Licensee’s objections as to hearsay and lack of foundation.

_ Exhibits A10 and A11, offered by the TSPC, were excluded fiom- evidence based on
Licensee’s objections as to relevance, lack of foundation, and lack of reliability.

Exhibits R1 through R19, R21 through R25, R28, R29, and R32, offered by
Licensee, were admitted into evidence without objection. Exhibits R20, R30 and R31,
offered by Licensee, were admitted into evidence over the TSPC’s objections as to
relevance. Licensee did not offer Exhibits R26 and R27, although they were marked for
identification.

In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 2 of 37

FINDINGS OF FACT

(1) Licensee has a bachelor’s degree fi-om Willamette University, and a master’s
degree in teaching from Western Oregon University. He has been licensed by the TSPC
since February 1, 2002. Licensee currently holds an Initial I Teaching License, with
endorsements in health education at the high school level and physical education at the
middle and high school levels. He does not hold a counseling endorsement and does not
have any training in counseling. (Licensee’s testimony.)

(2) Licensee started teaching full time in the Salem-Keizer School District at
McNary High School (McNary) in Keizer, Oregon for the 2004-2005 school year. He
has taught at McNary since then. (Licensee’s testimony.)

(3) Licensee played soccer in high school, college, and professionally. He has
coached soccer, primarily girls’ soccer, in city leagues, for high schools in the Salem-
Keizer School District other than McNary, and at the college level for many years.
(Licensee’s testimony.)

(4) Licensee taught several classes of Wellness I, primarily to freshmen, at
McNary during the 2007-2008 school year. The curriculum covered such topics as
managing conflict, dealing with stress and depression, nutrition, abuse, sexual
harassment, and sex education. Licensee typically had 35 students in a class. (Licensee’s
testimony.)

(5) McNary is on a semester basis. Fall semester runs fiom September through
late January; spring semester runs from late January to mid-June. The Wellness I class is
a one-semester class. (Licensee’s testimony; Kathryn Nove’s (Nove) testimony.)

(6) Licensee’s direct supervisor for several years has McNary Assistant Principal
Bob Jones. Licensee’s classes during the 2007-2008 school year ended at 2:15 p.m. His
collective bargaining contract day ended at 3:15 p.m. (Licensee’s testimony.)

(7) Christianna Allen (Christianna), a 14-year-old fieshman at the time, enrolled
in one of Licensee’s Wellness I class in September 2007. Her mother had moved from
California to Oregon in 2003 with Christianna and Christianna’s two younger half-sisters.
(Ariel Williams’s (Williams) testimony.)

(8) For fall semester 2007, Licensee started an email project for students to
receive 10 points extra credit by communicating with him by email about course related
topics. (Licensee’s testimony; Ex. A8 at 1.) Parents could also participate and help their
children obtain extra credit. Many, but not all students took part in the extra credit
program. Licensee gave his students only his email address at work. (Licensee’s
testimony.) McNary provided each teacher with a computer for the teacher to use for >
academic and school related purposes. McNary’s administration prohibits teachers from
using their computer for personal or non-school related reasons. (N ove’s testimony.)

In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 3 of 37

(9) Since at least the 2004-2005 school year, the Salem-Keizer School District
(District) has trained district teachers on topics of harassment and bullying, maintaining
appropriate boundaries with students and “grooming” of students, and reporting child
abuse. The training has been both in-class and computer tutorials. Teachers are required
to take such trainings upon hire and to take periodically refresher trainings. Teachers are
required to acknowledge that they have taken such trainings. The District trains teachers
to err on the side of reporting suspected child abuse. (Nove’s testimony.) Licensee took
the initial and periodic trainings on reporting child abuse. (N ove’s testimony; Licensee’s
testimony.)

(10) Christianna started emailing Licensee under the extra credit program shortly
after school started in September 2007. (Licensee’s testimony.) Licensee informed her
in an email dated October 17, 2007 that she had earned “ten points of extra credit.” (Ex.
A8 at 3.)

(l l) Scores of emails between Christianna and Licensee continued over the next
12 months. Some of those emails are set forth as follows:1

Christilala Person: 10/30/07 5117 A.M.

Glad you had a good weekend!

That does help, thanks a bunch!

F Well, I’mma go get ready for school, then finish the Stress Shield.

See you soon!

Christianna

From: KEVIN PLECHL

To: Christilala Person

Sent: Tuesday, October 30, 2007 6:59:37 AM

Subject: Re: Christianna Allen My Stress Shield

Wow, you are one early-bird. How do you do it?

g See you shortly. v

Mr. P ‘

Christilala Person 10/31/2007 5:24 AM
1 The emails contain numerous spelling and grammatical errors as well as slang terms.
The emails have not been corrected and read as they do in the exhibits.
2 For reasons that were not made clear during the hearing, Christianna Allen sometimes
referred to herself in her emails by the pseudonym “Christilala Person.”
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 4 of 37

-Um. lol. Well, I don’t know. I just go to bed around 9. I was planning on
getting up around 3 this morning to re-straighten my hair, but for some
reason, my alarm clock JUST went off, so I better hurry up
on here to go get ready!

101.

How are you Mr P.?

Hope you have a Happy Halloween, what are your plans?

Talk to you later,

Christianna

(Ex. A8 at 5.)

From: KEVIN PLECHL

To: Christilala Person _

Sent: Thursday, November l, 2007 9:45:08 AM

Subject: Re: Christianna Allen My Stress Shield

You’re crazy! However, you do draw very nice stars. I

We ended up going to South High were they have some “safe” trick-or-
treating.” It also ends at a reasonable time.

(Id. at 6.)

Christilala Person 11/1/2007 4:30 PM

I know I’m crazy. @ lol. Thank you! I finished my warm-ups early, and
was bored, so yeah . . .

~ I hehe, You wrote this with me sitting right there in your classroom!

Yeah, ll o’clock at night is a little late to be trick-or-treating!
Sound like fun, I went next door to the Meadows with my friend J [deleted]
And my little sisters. N[deleted] is 8, and O[deleted], you met her at
conference, is 4.

I am studying, in fact, l was looking for a 3 by 5 note card when I decided
to check my email. I can’t find any though. l’ll have to ask my mom to
take me to the Dollar Store then. After I remember if I had Spanish
homework or not, I forgot to write it in my planner. ® And that’s my first
class tomorrow.
Same with you, Mr. P!

In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 5 of 37

See you then.
Christianna _
From: KEVIN PLECHL
To: Christilala Person
Sent: Friday, November l, 2007 1:58:16 PM
Subject: Re: Christianna Allen: My Stress Shield
Yea, I’m pretty sly.
Enjoy the weekend.
See attached, not that you need it. Although, many in your class could
sure use it.
kP
(Id.)
* * * * >1‘
Christilala Person 11/2/2007 3:21 PM
© .
Well, Fm just doing chores and homework all weekend long since I’m
grounded. ®
Enjoy yours!
I read them, and l’rn pretty sure I have everything, thank you!
See you Monday!
Ttyl,
From: KEVIN PLECHL
To: Christilala Person
Sent: Monday, November 5, 2007 8:03:01 AM
Subject: Christianna Allen: My Stress Shield
Grounded? You make bad choices? I don’t believe it.
I’m expecting over 75 from you today. Should I go out on a limb and
predict the highest score in the class? Yes!
V Mr. P
Christilala Person 11/5/2007 7:28 PM
In the Matter 0f Kevin John Plechl, OAH Case No. 1002055
Page 6 of 37

Well, urn, Ihaven’t been getting my chores done a lot of the time.
(I blame homework on that. High School is hard.)
And I may have told my mom some things that weren’t exactly NICE to
say.
(I take filll blame for it. But they were true.)
So that’s pretty much why I’m grounded.
Otherwise, I’rn a good girl.
I don’t do drugs or any of that drama.
I do have a potty mouth sometimes though. ®
I’ve been trying to stop.
I think I did pretty good on the test.
I studied hard.
Except on Saturday. Our two baby bunnies passed away because it too
cold. ®
The only think I know I didn’t do too go on would be the defentions of
Alarm, Restiance and Exhaustion. I knew that they were like part of GAS,
but I didn’t study the defentions. ® My bad.
I think you should. Or at least one of the highest? I hope so!
Did you grade our quizes yet? .
Ttyl,
Christianna ©
(Id. at 7.)
* * * * *
From: KEVIN PLECHL
To: Christilala Person
Sent: Tuesday, November 6, 2007 8:36:01 AM
Subject: Re: Christianna Allen: My Stress Shield
All that really surprises me! You’re such a great student, it’s just hard to
’ believe you’d treat your mom that way.
I went out too far onto the limb . . . it broke. A 74 only, not the 75 like I
expected. Although, it was the highest in the class by 6 whole points.
Nice job, as well as bs-ing your way through the stages of stress.
Sorry about the bunnies, as well as the note during class.
Mr. P
Christilala Person 11/7/2007 12:56 AM
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 7 of 37

Darn. Stupid Limb. What question did I get wrong? YEAH! I know, I
got to that question, and Pm like, Oh, crap. I have NO freaking idea AT
ALL what the answer is?
It’s okay. ©
Tell me about your wife and daughter, you don’t mention them very much.
See you soon,
Christianna
From: KEVIN PLECHL
> To: Christilala Person
Subject: Re: Christianna Allen: My Stress Shield
You now see what went wrong! If only others put in half of what you do,
They’d be much more successful.
Now you know my wife is Dawn, she’s a great partner. Most students
don’t seem to give a hoot about their teachers’ personal lives. I guess
that’s why I don’t say too much about them. Two kids also: Djuna, 3.5
years and Sinjin, lO months.
See you Friday!
O’ that book (I can’t remember the narne) was something I recently
skimmed, it was about Time Management. Some good suggestions.
Although, not as good as the four you learned. jk (;
Mr. P
(Id. at 8.)
it * * * *
Christilala Person ll/9/2007 8:18 PM
Haha, that’s okay.
Well, I have a libary card, but I haven’t even been to the Salem Public
Library in about a year. We don’t go to Salem very much anymore
because that is Where my stepdad works. More about that in a minute.
Self-directed learner. haha. I suppose I would be, although, if I do look
up Time Management, it will have to be on the internet.
The reason for that is that my stepdad was abusive. Both physically and
emotionally to rne. He occasionally did things to my sisters and morn, but
my sisters don’t remember, and my mom just doesn’t want to bring it up.
My mentality is that, at least he didn’t sexually abuse me. So, we have a
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 8 of 37

restraining order against him now, and he (his name is Marcus Williams)
and my mom are currently fighting in court over custody for my two little
sisters, who are both his. He works for the City of Salem, doing the whole
parking meteor thing, so that’s why we don’t go downtown, because we
might run into him. I personally would love to run into him, so that he
could see how much I’ve changed and grown up and how I now do all
sorts of things he used to forbid me to do. Lame stuff like wear capris,
listen to music, cut my hari, etc.
But morn doesn’t want any drama, so . . . ®
I preferjust to not think about it. He and my mom were together since she
and my real dad (who lives in California, and now has three other kids
besides me) split up when I was three. He started being abusive when I
was in the second grade. But, that’s in the past, and this is now, if you
understand how I’m thinking about it?
ANYWAYS! Yeah, my mom got married and had me at the age of l9. So
_ many people are doing stuff like that, and I’m not sure how I want my life
to be. l mean, who doesn’t want to find their true love, and all that? But, I
don’t want to be let down. I want kids, I LOVE kids. But I kinda DON‘T
want to have any, just so that I don’t mess their lifes up too. Kinda
confusing.
Wow, this is really long! Sorry about that! Urn, your age . . .
Actually: Um, You are probably around my mom’s age. 34’ish. Give or
take a few years. Probably take.
Mental: Okay, don’t get me wrong if this comes out not sounding the way
I want it too. You act young, in a cool way. Not immature at all, but more
like, hip, cool, etc. kinda way? Did you get it? Sorry if you didn’t ®
Those are awesome names!
My full name is Christianna Elizabeth Gianni Allen-Williams.
Christianna: My mon’s two best friends (at the time when I was born)’s
names put together.
Elizabeth: Mon’s side of the family’s family name. If I have a daughter,
it will be her middle name.
Gianni; This is sad. My dad was reading *coughpornmagizinecough* and
it was the last name of a chick that he thought was really hot. Yeah.
Um. What can I say? They were young. Ew!
Allen: Real Dad’s last name.
Williams: Stepedad’s last name. I didn’t want it in the first place,
Whey they got married when I was in the third grade. And then, I wanted
to get rid of it when they split up. But my mom isn’t changing her or the
girl’s last names, (so it doesn’t confuse them) and she wants me to stay
part of the “the family.” .
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 9 of 37

If it were my choice, it would be Christianna Elizabeth Allen. But, it won’t
be my choice for four more years. ® Where did you go to college? Pm
not sure where I want to go yet. Something far FAR away from home.

. Long weekend. Ugh. I don’t like being at home. It sucks. You’re
Catholic? That’s cool. I tried, when Mom and Marc first split up, to go to
church, (Christian) but I never found God. Any my mom is athesist. So,
that’s just what I am too, since the whole thingjust didn’t work out for
me. Idk.

' So Sorry for such the long email! I’m just really bored, and already have
all my homework done.

All right, see you Wednesday!
Christianna. ‘
P.S. Happy Veteran’s Day. Hope what you end up doing (Soccer maybe?
lol) is fun!
Marcus was in the Marine Corps. How long were you in the Navy for?
From: KEVIN PLECHL
To: Christilala Person
Sent: Tuesday, November l3, 2007 2:45:23 PM
Subject: Re: Christianna Allen: My Stress Shield
0mg . . . how do I reply to all this?
I need to talk to you on b-lunch or after school.
Mr. P
From: Christilala Person .
Sent: Tuesday, November l3, 2007 5:11 PM
To: KEVIN PLECHL
Subject: Re: Christianna Allen: My Stress Shield
Um . . .
Okay.
But, why?
Am I in trouble or something?
I hope not. ®

In the Matter of Kevin John Plechl, OAH Case No. 1002055

Page 10 of 37

Okay, well, um, see you tomorrow then.

Christianna
(Ex. R23 at l-3.)

(l2) Licensee met with Christianna on November l4, 2007 to discuss her
November 9 email. He did not ask her any questions regarding the details of the abuse
she had disclosed by her stepfather. He satisfied himself that‘ she was “safe” from abuse.
Licensee did not report child abuse to authorities because she had stated in her email that
“we have a restraining order against him now.” (Licensee’s testimony.)

(l3) Licensee knew that as a teacher he is a mandatory child abuse reporter. He
has taken the training on reporting child abuse that the school district has offered and
knows that he must report child abuse immediately upon being made aware of it.
(Licensee’s testimony.)

(14) McNary has a school resource officer to whom teachers can report abuse.
McNary also has a Suspected Abuse Reporting form on which teachers and school
employees can report abuse. (Nove’s testimony.) Licensee also knows that he can
telephone an Oregon Department of Human Services hotline and report suspected child
abuse. (Licensee’s testimony.)

(15) Licensee reports between two and four instances of child abuse a school
year. (Licensee’s testimony.) On November l9, 2007, Licensee completed a Suspected
Abuse Reporting form the same day a female student disclosed “sexual abuse” in a
written assignment. He spoke with the student after class to see when the abuse occurred.
The student told Licensee that occurred when she was seven years old; the student was 15
years old in November 2007. (Ex. R25; Licensee’s testimony.)

(l6) The email exchanges between Licensee and Christianna continued afler
November l4, 2007 as follows:

Christianna Allen 2/11/2008 10:21 AM

Oh, Okay. Why do you call me Sonna when talking to B[deleted] but not

me? I don’t mind if you call me that at all.

No, I’m sorry. I don’t understand your sarcasm/sense of humor at times.

It’s fiinny once I get it, but um, please try to make it a little more simpler.

©

Otherwise, I misunderstand it, and take it seriously, and it makes me

SERIOUSLY ficking pissed at you. ®

5 months, and I guess I don’t ® Sorry! ©

What are you up too?

I’ll be there tomorrow. ©
In the Matter 0f Kevin John Plechl, OAH Case No. 1002055

g Page ll of 37

Christianna
To which Licensee emailed back:
What would you like me to call you?
I can be simple, I think. You’re not pissed anymore, are you? With such
profanity, I feel there is something really serious going on that I don’t
know.
Enjoy your walk! Not that I know you’re walking because, for all I know,
you’re on the bus. ©
To which Christianna replied to Licensee at 3:01 PM on 2/1 1/2008:
Naw, everything is perfect I suppose.
Ugh, emailing is hard. I wish u had testing! ! ! l !! ® ®
(Ex. A8 at 34.) -
=|= >1‘ * * *
Christianna Allen 2/11/2008 1:41 PM
© romeo and juliet are so romantic! It almost makes me believe in true
love ®
B[deleted] and I are in english, watching the movie romeo and Juliet. ©
Hm, As to what we were talking about earlier, as to why I am not happy.
It is illegal, I just haven’t actually broken the law yet, and at that rate its
going, prolly never will. Which is both ® and © sorry, this prolly makes
no sense. © lol. Maybe it will. Does it??? v
Oh, Jeez. I can be very confusing at times, can’t I?
To which Licensee emailed back:
Perhaps I never will understand. I am truly concerned though!
(Id. at 29-30.)
Christianna Allen 2/ 19/2008 4:47 AM
My Valentines Day was good. I got to see a lot of the people I love! ©
So much happened this weekend.
® & ©
>1‘ * Sigh* *
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 12 of 37

How was your weekend?
Christianna
To which Licensee emailed back:
As you heard, my weekend was well.
It’s good to hear you’re getting along better with mom. The whole “house
on your own” sounds very interesting.
Enjoy the week!
Mr. P
(Id. at 25-26.)
* * * * *
Christianna Allen 2/20/2008 10:03 AM
I stayed home sick today. I feel horrible. ®
How’ s’ your day so far?
To which Licensee emailed back:
Sorry to hear that. We started the Mental Unity today; I don’t like the first
day. I need to change it.
Get well soon.
Plechl
(Id. at 25.)
Christianna Allen 2/21/2008 6:05 AM
I’m feeling much better today, so I’ll be at school. ©
Hm, what’s wrong with the first day? ®
Christianna
To which Licensee responded:
Too many notes. Seems a little mundane.
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 13 of 37

Good to hear you’re feeling better and will be back at it, filling your mind
with great knowledge in this wonderful world.
Mr. P ,
(Id.)
* * * * *
Christianna Allen 2/22/2008 6:13 AM
Yes, because school is just oh-so-fabulous.
YOU MADE B[deleted] GET A TARDY SLIP!!!!!! ®
Give her a break, she had to change her clothes, then walk ALL the way
out there ®
See you at lunch
Christianna
To which Licensee emailed back:
So, did you ever figure out who tapped you on the shoulder prior to first
period?
Enjoy the weekend.
Mr. P
PS. See you at lunch? Well, I guess it’s not over yet.
(Id)
* * * >1‘ *
Christianna Allen 2/25/2008 7:30 AM
Um. Iwas being sarcastic about school. But. Okay . . .
Meh, it’s alright. She was late after all.
Was that you? Hm, sorry. I wasn’t paying attention, next time you will
have to like, say my name or something.
How was your weekend, mine was awesome! ©
Oh. Sorry. I changed my mind, didn’t want to bother you again, since
you have tests and such to grade.
Today then?
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 14 of 37

Christianna
KEVIN PLECHL 2/25/2008 3:17 PM
Sonna?3 Sarcastic? I never see it.
We took Djuna to get her ears pierced yesterday; they’re so cute.
Although, Dawn emailed me and said she pulled one out, not good.
It is good to hear your weekend was so wonderful. It sounds like you have
some new roommates. How long do they plan on staying?
Yes, it was me. You turned around and looked right at the girl behind
you. I was moving quickly through the crowd, stealth mode.
Like I said before, you’re not a bother. I do appreciate the silence though.
It was nice to get a majority of them corrected during the day’s work.
Enjoy the week . . . spring break is a day closer. ©
Mr. P
(Id. at 27.) '
* * * * *
Christianna Allen 3/13/2008 6:06 AM '
How are you?
Sonna
Licensee emailed back:
Great, how’s the baby?
(Id. at 39.)
* * >1‘ * *
Christianna Allen 3/14/2008 12:35 PM
PLECHL
3 “Sonna” was a pseudonym that Christianna sometimes used to refer to herself in emails
to Licensee.
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 15 of 37 '

You’re, you‘re, you’re, you’re, you’re, you’re . . .
Cutting all your hair oft?
That’s REALLY sweet of you to do,
But I LOVE your hair. ®
Gtg. Sonna
KEVIN PLECHL emailed back:
Not if we don’t raise enough money. If the school gets to 5K, then I’ll do
it.
Have a super weekend. I hope you get some sleep.
Mr. P
PS. I love it too!
(Id)
* * * * *
Christianna Allen 3/16/2008 7:32 AM
Oh.
This is really kind of you to do.
Has anyone close to you been a victim of cancer?
Yes, I did get to rest this weekend, it was pleasant.
Sonna -
From: KEVIN PLECHL
To: Christianna Allen
Date: 3/17/2008 9:49:36 AM
Subject: Re: Hello
My aunt was the closest. She ended up having a mastectomy. It was bad.
Good to hear you got some rest. You should catch up next week. Enjoy
- your final week!
Mr. P
(Id.)
* * * * *
Christianna Allen 3/31/2008 1:29 PM
. Okay, so:
. I really don’t like the way you handled A[deleted] this morning.
Basically, you told her that she was crazy, and she needed meds to fix it.
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 16 of 37

First, she isn’t crazy.
Second, maybe you do have a point, maybe medication would be good for
her.
But I still don’t like the way you stated it.

She’s a very upset and emotional girl. She really can’t handle your
insensitivity.
Be more compassionate next time, if there is one.

®

Christianna Allen

To which Licensee emailed back on 3/31/2008 at 2:35 PM

Crazy? That’s how you interpreted it. It wasn’t what I said nor what I
felt. If there is a chemical imbalance, as what depression is, medication is

' a fantastic step in the right direction. I know she’s not crazy.

Perhaps issues that involve emotions would be better discussed with V
someone more sensitive than I.

Regards,

Mr. Plechl

(Id. at 40.)
* * * * *

Christianna Allen 4/9/2008 2:39 PM

Hello.

How are you, Mr. Plechl?

Christianna Allen

To which Licensee emailed back on 4/9/2008 at 3:37:20 PM

Fair, and you?

(Id. at 41.)
* * * * *

Christianna Allen 4/11/2008 2:46 PM

Can I come in on Monday?

So we can finish our discussion,

And I’ll explain what I meant.

Hopefully you and I can be okay again?

Christianna Allen

In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 17 of 37

To which Licensee wrote back on 4/11/2008 at 3:30:48 PM
Yes.
I’1n sure the bridge can be re-built after the fire.
Have a swell weekend.
Mr. P
(Id. at 42.)
* * $ * =l<
Christianna Allen 5/20/2008 2:57 PM
Haven’t had a chance to really talk to you much lately.
How have you been?
Christianna
From: KEVIN PLECHL
To: Christianna Allen
Date: 5/20/2008 3:36:27 PM
Subject: Re: Hello.
Things have been well. It’s been a bit crazy regarding soccer the past two
weeks. I don’t know if I told you, I resigned from Western Oregon and
have taken a new coaching position.
And you?
Mr. P
(Id. at 49.)
* * * * *
Christianna Allen 6/3/2008 1:24 PM
Hello.
Would it be okay if I came in one day next week after finals to hang out
one last time??
Christianna
From: KEVIN PLECHL
To: Christianna Allen
Sent: Tuesday, June 3, 2008 2:28:59 PM
Subject: Re: Availability?
Monday through Wednesday . . . I’ll be grading away;.
In the Matter 0f Kevin John Plechl, OAH Case No. 1002055
Page l8 of 37

(Id. at 50.)
* * * =|= *
Christianna Allen 6/11/2008 3:15 PM
Have a great summer Plechl!
I had a good time after school today, and every other day.
Thank you. © (for everything).
See you next year, Miss you.
Sonna
My love, forgive me for who I was, what I did, and what I cannot change.
Love me now for who I can be, and what I plan to accomplish. Ifyou
can’t, then just love me because my heart loves you, unconditionally.4
From: KEVIN PLECHL
To: Christianna Allen
Date: 6/12/2008 9:58:53 AM
Subject: Re: Availability?
Likewise, Sonna!
Make the good choice this summer, and forever!
Mr. P
(Id. at 51.)
J! * * * *
' Christianna Allen 9/30/2008 11:31 AM
I understand if you don’t want to talk to me any longer, but I wish you
would just tell rne this, instead of ignoring me.
It hurts less that way.
From: KEVIN PLECHL
To: Christianna Allen
Sent: Tuesday, September 30, 2008 1:44:11 PM
Subject: Re: Kevin5 _
4 Apparently this verse came from a song by Robert Goulet. Robert Goulet (19332007)
was a singer/entertainer. (Ex. A6 at 2.) It did not appear during the hearing that Licensee
knew who Robert Goulet was. (Licensee’s testimony.)
5 It is unclear to whom “Kevin” refers in this email. Christianna had a boyfriend also
named “Kevin” at McNary during the 2007-2008 school year. They broke up sometime
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 19 of 37

Stop it!
(Id. at 59.)
* * * >1‘ *
Christianna Allen 10/2/2008 11:26 AM
My tone? Kevin, I’m just expressing myself, that’s how I feel . . .
Did you mean anything else by,“Stop it!”, or was my tone all?
From: KEVIN PLECHL
To: Christianna Allen
Sent: Thursday, October 2, 2008 11:29:56 AM
Subject: Kevin.
Yes, it’s your tone as well as being manipulative. Where in the world do
you come up with, “I understand if you don’t want to talk to me any
longer, but I wish you wouldjust tell me this, instead of ignoring me . .”
I’m not ignoring you. I hope you understand I’m incredibly busy because
I have to leave promptly and am losing a lot of prep time. Ihave to fnid it
other places.
Christianna Allen 10/2/2008 11:34 AM
How in the world am I being manipulative? From my point of view, I felt
as if you were ignoring me, so I was giving you an easy way out of this. I
apologize for not understanding correctly, but that’s what I got. I do
understand no, Pm sorry, and please don’t get snappy at me.
And thank you for replying, I appreciate it greatly.
I miss talking to you.
From: KEVIN PLECHL
To: Christianna Allen
Sent: Thursday, October 2, 2008 11:48:40 AM
Subject: Re: Kevin
I’m not getting snappy, just being honest.
Perhaps something like this . . . “Mr Plechl I feel as if you are ignoring
me; is this an accurate feeling Pm having?”
__—__—_____—__—_—__—
after November 2008. (Williams’s testimony.) Licensee believed the reference was to
the boyfriend Kevin. (Licensee’s testimony.)
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 20 of 37

Mr. P would reply . . . “No, that’s ridiculous! Pm pretty busy at this time
of year. . I’m sorry if you felt that way. . I think you know me better that.
I would never ignore anyone.”
Christianna Allen 1 1:51 AM
Hm.
Does it bug you when I call you Kevin?
I mean, it is your name after all.
From: KEVIN PLECHL
To: Christianna Allen
Sent: Thursday, October 2, 2008 12:17:27 PM
Subject: Re: Kevin . .
Considering I’m your teacher . . I think there’s a little respect issue there.
I would never call my instructors by their first name, but that’s me.
Gotta go get to my lunch duty! ,
(Id. at 58.)
Christianna Allen 10/2/2008 12:23 PM
Hm. I have three points to make, if that’s okay with you?
1. Technically, you aren’t my teacher, not now . . .
2. You call me Sonna. At least you used to. Why don’t you anymore?
3. I would consider us to be possibly friends, just for lack of a better
word.
But if you don’t like it then . . .
From: KEVIN PLECHL
To: Christianna Allen
Sent: Friday, October 3, 2008 2:05:36 PM
' Subject: Re: Kevin
. . . .what?
It’s always okay . . .
1. Valid
2. Sonna is your name, and you have asked me t0 call you that. I do at
times.
3. Yes, but not as peer friends . . More as teacher/student “friends . . “
' Where the two roles are distinctly different. Perhaps a better word would
be “relationship” — a bond or connection between two people. Friendship
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 21 of 37

is a significant bond or connection. Wow, it sound like Wellness class all
over. ©
Enjoy the weekend, even though it will be raining.
Mr. P
Christianna Allen 4:42 PM
Thank you.
Point number three: Well, I didn’t mean as “peer friends.” After all, there
is an obvious twenty-four year difference between us.
But friendship isn’t necessarily a significant bond.
http://en.wikipedia.org/wik/Friendship
http://dictionary.reference.com/browse/friend
After reading those definitions, it would seem that we could be friends.
We have mutual feelings and respect for each other, along with other
things.
Enjoy your weekend also, I’ll see/hear from you on Monday! ©
And thank you for continuing to reply to me, I appreciate it.
Sonna
(Id. at 57.)
From: KEVIN PLECHL
To: Christianna Allen
Sent: Monday, October 6, 2008 8:14:04 AM
Subject: Re: Kevin
Yes, but if you look at the definitions you sent with reference to
“dictionary”, numbers one and two are significantly different.
Christianna Allen 10/6/2008 11:24 AM
Oh, fine then! We won’t be friends. ®
I’m just kidding. It’s fine, I understand perfectly well the reasons why we
can’t have anything more than a teacher/student relationship. ©
So, anyways, how is the soccer season coming along?
When does it end?
Licensee emailed back: I’m glad you completely understand.
Soccer isn’t going too bad. We played South yesterday and lost 1-3. We
did very well against them. They are 7-0 this season; they are very good.
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 22 of 37

We play McNary here at school on Tuesday. You should hang out and
watch . . It’s kicks off at 3:30. The winner will likely eam the fourth and
final playoff spot. It will be a good one that you don’t want to miss.
Making it into the playoffs will extend the season with each win. If you
loose, you’re done. The regular season is over at the end of this month
with the state championship being on November 15m.
Enjoy your day off.
Mr. P
PS. You earned a B+ for the first 6-weeks in “Lunch Time.” I’ll expect
an A for the next 6 weeks.
Christianna Allen 10/ 13/2008 7:03 AM
I understand why, and I don’t expect a thing, but why can’t we have
anything more?
Interesting. You coach for Sprague, right?
The game sounds fun, 1 will try to go, depending on how much it costs.
How is your team doing in the playoffs?
Why only a B+, I thought I did rather well at Lunch Time? But of course
I’ll get an A next time! ©
My weekend was great, how was yours?
Sonna

(Id. at 56.)
From: KEVIN PLECHL
To: Christianna Allen .
Sent: Monday, October l3, 2008 1:36:17 PM
Subject: Re: Kevin
Sonna
I’m sorry, I don’t understand your question.
Yes, I coach for Sprague. The game is free, and starts a little over an hour
after school is out.
We’re not in the playoffs yet. The regular season ends at the end of the
month.

In the Matter of Kevin John Plechl, OAH Case No. 1002055

Page 23 of 37

A B+ because at times you are off task (not eating a healthy meal) and do
not follow directions when asked for the first time.
Pm excited for the game tomorrow.
Mr. P
Christianna Allen 10/14/2008 11:54 AM
My question was, why can’t we have more than a “teacher/ student”
relationship?
My friend and I wanted to go to the game, unfortunately, my mom has an
appt with her attorney, so I need to be home to babysit.
Perhaps the next game, if you could let me know?
Good luck today, I hope you and your team make it to the playoffs! ©
I rarely eat lunch, Plechl. I have breakfast, no lunch, an after-school snack
and dinner.
Did I tell you? I’m a vegetarian now.
We didn’t get to walk together . . ®
Sonna
From: KEVIN PLECHL
To: Christianna Allen
Sent: Friday, October l7, 2008 12:10:15 PM
Subject: Re: Kevin
Not appropriate. Just like those cements Mr. Pierce was talking about at
lunch.
There’s no more games here. Two more at Sprague and one at McKay.
We have to win at least and tie another to likely get into the playoffs.
A vegetarian? How did that happen?
Enjoy the weekend!
Mr. P
(Id. at 55.)
Christianna Allen 10/17/2008 12:23 PM
That’s not what I had meant, but you are right, that was not appropriate.
I’m sorry. Forget it, please?
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 24 of 37

That’s too bad, good luck though! ©
A[deleted] N[deleted] if you remember her?) is a vegetarian, and her '
K[deleted] and I were discussing it, and I just didn’t like the idea that I
was actually eating something that one once had a face, that had lived, and
had a family, a spouse, kids, parents, etc. ®
I’ve haven’t had any sort of meat for about two months now.
Do you have any plans for the weekend?
Also, I have a Mock Trial meeting after school today. How long will you
be after school, maybe I could stop afler the try-outs are done?
Christiarma
From: KEVIN PLECHL
To: Christianna Allen
Sent: Tuesday, October 21, 2008 11:42:31 AM
Subject: Re: Kevin _
I’ll forget it. . .
I love faceless meat. I heard a quote once that went something like this,
“If slaughter houses had glass walls, we would all be vegetarians.” I hope
you know what you‘re doing with this decision. You must get your
protein intake. Like I said earlier today, the long term effects of this
choice now could have a drastic impact on you later in life.
How was the tryouts for Mock Trial?
My weekend was good. I’m so excited for our game tonight. I hope I
have some good news t0 report.
Cheer up, life’s short!
Mr. P
Christianna Allen 10/21/2008 11:52 AM
Thank you.
I’ve started eating some sort of cereal that my mom bought for me, it’s
high in fiber, or something.
And I eat alot of cottage cheese and peanut butter.
Also, some of those instant breakfast thingys . . .
I know that, and I’m trying to keep a balanced diet. ©

In the Matter 0f Kevin John Plechl, OAH Case No. 1002055

Page 25 of 37

They went great, I got a part as an expert witness, Terry Cohen.
I also drew up some T-charts, just to get a feel for the case, and the teacher
loved them, so he’s photocopying them, and giving them to all the Mock
Trial people.
He said what I did because I was bored could help us win the case on Nov.
15. So Pm feeling pretty proud! ©
Good luck, hope you and your team win!
Get back to me on the score, I’m looking forward to hearing how it was!
Life may be short, but it’s also complicated and scary.
Christianna

(Id. at 54-55.)
From: KEVIN PLECHL
To: Christianna Allen
Sent: Thursday, October 23, 2008 11:23:32 AM
Subject: Re: Kevin
Congratulations, Terry! It sounds like you’ll fit right in. I mean with all
those t-charts and such you definitely will.

I 1-0, it was a good Win. The girls were very excited. I know McNary is
not too happy about it.
Complicated and scarey? Is that part of the down feeling?
Christianna Allen 10/23/2008 11:39 AM
Thank you. So far, Mock Trial seems very exciting. Challenging, but I
like it. Having to put yourselfin someone’s place, be able to see the views
of both the plaintifi' and the defendant, and needing to think on your feet . .
. This will be interesting.
Good job, and good luck at the next game!
Yes, it is.
From: KEVIN PLECHL
To: Christianna Allen
Sent: Wednesday, October 29, 2008 12:01:37 PM
Subject: ’ Re: Kevin
Is your mom coming to conferences? It’s always a dandy time to come
hang outwith all the teachers. Should be a wonderful two evenings.

In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 26 of 37

Yes, it looks quite complicated. Are you sharing thing with morn or

someone?

From: Christianna Allen

To: PLECHL-KEVIN

Date: 10/2/2008 12:09:47 PM

Subject: Re: Kevin

Yes, she’s coming, most likely tomorrow between 9 and 12, when both

my sisters are in school.

Sorry, you’ve lost me. Am Italking to my mother about being down

lately?

No, I’m not. Most things are better left unsaid with A[deleted].

I do however talk to K[deleted] and my friend A[deleted].

And sometimes you.

Speaking of K[deleted], I should do down at lunch and quickly say “Hi!”

You have B-lunch duty too, right?

Do you have any Halloween plans with your kids?

Sonna
(Id. at 53-54.) '

(17) In early November 2008, Christianna’s mother discovered some of the
emails between her daughter and Licensee and became alarmed about their content. She
did more investigating, including talking to some of Christianna’s female school friends
and discovered more emails and learned more from Christianna’s friends about her
relationship with Licensee. She learned that Christianna had sent many of the emails
between her and Licensee to her fi'iends for the fiiends to store in files meant to hide the
emails-on their computers. Christianna also sent emails to her fi'iends describing her
emails with Licensee. (Williams’s testimony.) In one of those emails, she referred to
Licensee as “3 8,” which represented his age at the time. (Ex. A8 at 21-23.) The mother
did not find any emails that were sent between Licensee and Christianna during the 2008
summer recess. (Williams’s testimony.)

(18) The mother had noticed during 2007 and 2008 that Christianna stayed late
after school more than she would have expected her to do. She also observed that when
Christianna started the 2007-2008 school year, she was poised and a good student. She
observed that over the following 12 months Christianna became more fragile and
emotional and that her relationship with her daughter became strained. (W illiams’s .
testimony.)

In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 27 of 37

(19) Christianna’s mother reported what she discovered to administrators at
McNary and to the Keizer Police Department. (Williams’s testimony.) A police ofiicer
investigated the matter and interviewed Christianna on November 17, 2008. (Ex. A3.)
She admitted having a “crush” on Licensee. She denied that they had any physical
contact. (Id. at 3.) The police officer concluded that Licensee had not committed any
crime. (Id. at 4.)

(20) McNary administrators investigated the matter and reviewed the emails on
Licensee’s computer. (N ove’s testimony.) McNary placed Licensee on paid
administrative leave effective November 18, 2008, while the school completed its
investigation. (Ex. A4.)

(21) School administrators interviewed Licensee on November 24, 2008. (Ex.
A6.) In the interview, Licensee admitted that in hindsight he should have gone to a
supervisor or a counselor and reported the excessive emails contacts with Christianna.
(Ex. A6 at l; Nove’s testimony.) He also acknowledged that he overstepped his role and
took on a counseling role with Christianna. (Ex. A6 at 2; Nove’s testimony.) He
explained that he did not report the abuse when he learned about it because he knew
Christianna was not living with her stepfather at the time. (Ex. A6 at 2.)

(22) Following the investigation, on December l9, 2008, McNary issued a formal
Letter of Reprimand to Licensee, for failing to maintain an appropriate professional
student-teacher relationship by not demonstrating or expressing professionally
inappropriate interest in a student’s personal life, and for not reporting child abuse. (Ex.
A5.)

(23) Licensee did not have email correspondence with any other student during
2007-2008 like the email correspondence he had with Christianna. (N ove’s testimony;
Licensee’s testimony.) Licensee viewed Christianna as a “troubled girl.” He wanted to
“reach out” and help her and be a positive male role model for her. For those same
reasons, he continued the contact with her afier her Wellness I class ended in January
2008. In addition to the emails, Licensee often met with Christianna during lunch break
and afier the school day in his classroom. Licensee denied emailing Christianna from his
home computer. He emailed her only from his work computer during school hours. He
denied emailing her during the 2008 summer recess period. He realized by mid-October
2008 that his relationship with Christianna and gotten out of hand and that he should have
taken steps to stop it or report it to supervisors. (Licensee’s testimony.)

(24) Licensee’s supervising Vice Principal, Robert Jones, regularly visited
Licensee’s classroom from 2004 through 2008 and gave him written evaluations. He
found that Licensee’s performance met the school district’s standards, and that his classes
were well organized, that he managed his subject material and students well, and
generally had positive comments about Licensee’s teaching skills. (Robert Jones’s
testimony; Exs. R2-l2, 14, 16 and l7.)

In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 28 of 37

(25) Licensee’s fellow soccer coaches and athletes have observed that Licensee
had a high level of integrity, character and displays professionalism toward his female
soccer players. (Testimony of Eric Johansen, Mark Risen, and Rod Fretz.)

CONCLUSIONS OF LAW

(1) Licensee engaged in gross neglect of duty under ORS 342.175(1)(b) by
deviating from professional standards of competency and ethics, by failing to maintain an
appropriate student-teacher relationship by demonstrating or expressing professionally
inappropriate interest in a student’s personal life, in violation of OAR 584-020-
0035(l)(c)(A).

(2) Licensee engaged in gross neglect of duty under ORS 342.175(1)(b) by
deviating from professional standards of competency and ethics, by failing to maintain an
appropriate student-teacher relationship by not reporting to his supervisor when he had
reason to believe a student was or may have become romantically attached to him, in
violation of OAR 584-020-0035(l)(c)(C).

(3) Licensee engaged in gross neglect of duty under ORS 342.175(1)(b) by
failing to report child abuse in violation of OAR 584-020-0040(4)(s) and ORS 419B.010.

(4) Licensee should receive a public reprimand.

OPINION
The TSPC is seeking to discipline Licensee. The TSPC has the burden of proof to

_ establish its allegations. ORS 183.450(2) and (5); Harris v. SAIF, 292 Or 683 (1980).

The allegations must be proven by a preponderance of the evidence. Sobel v. Board of

Pharmacy, 130 Or App 374, 379 (1994), rev den 320 Or 588 (1995) (standard of proof

under the Administrative Procedures Act is preponderance of evidence absent legislation

adopting a different standard). Proof by a preponderance of the evidence means that the

fact finder is persuaded that the facts asserted are more likely true than not true. Riley

Hill General Contractor v. Tandy Corp, 303 Or 390 (1987).

The TSPC is charged with the responsibility of disciplining teachers in Oregon.
ORS 342.175 et seq. One basis for disciplining a teacher is gross neglect of duty. ORS
342.175(1)(b). The TSPC has alleged that Licensee engaged in gross neglect of duty in
three ways. I

‘ OAR 584-020-0040(4) states:

Gross neglect of duty is any serious and material inattention to or breach '

of professional responsibilities. The following may be admissible as

evidence of gross neglect of duty. Consideration may include but is not

limited to:

=1< * 4‘ * *
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 29 of 37

(n) Substantial deviation from professional standards of competency set

forth in OAR 584-020-0010 through 584-020-0030;

(o) Substantial deviation from professional standards of ethics set forth in

OAR 584-020-0035;

* =1< * * *

(s) Failing to report child abuse pursuant to ORS 419B.010.

The “competent educator” demonstrates, among other ‘things, a commitment to
the “use of professional judgment.” OAR 584-020-0010(5).

OAR 584-020-0035 addresses professional standards of ethics. The rule provides, .
in relevant part:

The ethical educator is a person who accepts the requirements of

_ membership in the teaching profession and acts at all times in ethical

ways. In so doing the ethical educator considers the needs of the students,

the district, and the profession. -

(l) The ethical educator, in fulfilling obligations to the student, will:

* >1‘ * * *
(c) Maintain an appropriate professional student-teacher relationship
by: .
(A) Not demonstrating or expressing professionally
inappropriate interest in a student’s personal life;
* * * * *
(C) Reporting to the educator’s supervisor if the educator
has reason to believe a student is or may be becoming
romantically attached to the educator;
* * * * *
The three allegations against Licensee are addressed in turn.
(1) Inappropriate interest in the student ’s personal life.

The TSPC has alleged that Licensee started communicating, primarily by email,
with one of his students, a 14-year-old female freshman, and that he demonstrated or
expressed professionally inappropriate interest in the student’s personal life over the next
year.

Licensee started an email project for students in his freshmen Wellness I class at
the beginning of the 2007-2008 school year for students to earn 10 points extra credit.
The student started participating in the email project shortly after school started in early
September. She learned from Licensee on October l7, 2007 that she had earned “ten
points of extra credit.” (Ex. A8 at 3.) If she had earned the points designated for the
project by mid-October 2007, it is unclear why Licensee allowed the emails to continue
for another year. What followed over the next approximately 12 months were many
In the Matter of Kevin John Plechl, OAH Case N0. 1002055
Page 30 of 37

emails between the student and Licensee in which Licensee showed an inappropriate
interest in the student’s personal life. While the student obviously expressed an early
interest in Licensee and his personal life, for example, asking him in October 2007 what
his plans were for Halloween, Licensee encouraged that interest by his responses.

Examples of his interest in her personal life included his email to her in early
November 2007 about her relationship with her mother (Ex. A8 at 7-8); the email
exchange on February ll, 2008 about the Romeo and Juliet movie (Id. at 29-30); the
email exchange on February l9, 2008 about the student having the “whole house on your
own” for the weekend being “very interesting” to Licensee (Id. at 25-26); the email
exchange on February 22, 2008 about Licensee tapping the student on the shoulder in the
hall, and the student apparently not knowing at the time that he was the person who did it
(Id. at 25); the email on February 25, 2008 referencing the student’s new roommates and
asking how long they planned to stay (Id. at 27); the email exchange on March l3, 2008,
where the student asked “[h]ow are you,” and Licensee responded, “[g]reat, how’s the
baby” (Id. at 39.); the email exchange on March 31, 2008 about the student’s fi'iend with
emotional problems (Id. at 40); and the email exchange on October 17, 2008 about the
student being a vegetarian (Id. at 54-55).

Licensee viewed the student as a “troubled” girl. He wanted to “reach out” and
“help” her, and provide a positive role model. However, the personal nature the emails,
the sheer volume of them, and the fact that the emails and meetings continued for months
afier the student’s class with Licensee ended in late January 2008, went far beyond what
was professionally appropriate for a teacher.

Licensee’s conduct constituted a failure to maintain a professional student-teacher
relationship by demonstrating and expressing professionally inappropriate interest in the
student’s personal life in violation of OAR 584-020-0035(l)(c)(A).

(2) Not reporting that the student was or may have become romantically attached.

The year-long emails also established that the student became romantically
attached to Licensee. p

As early as October 2007, the student was asking Licensee about his plans for
weekends and for how he spent time away fi'om work. (Ex. A8 at 5 and 25-26.) She
asked about his wife and children and his age. (Id. at 8-9.) The student asked in emails
about how Licensee was feeling and what he was doing as she emailed him. (Id. at 34,
39, 41.) She referenced Valentines Day in an email to Licensee (Id. at 25 -26), exchanged
emails with him about him cutting his hair for a fundraiser, and how she liked his hair
(Id. at 39), exchanged emails with him about a Romeo and Juliet movie (Id. at 29-3 0),
exchanged emails with hirn about rebuilding the bridge between them alter the “fire,” (Id.
at 42), exchanged emails with him referring to “love lyrics” from a song (Id. at 51),
exchanged emails with Licensee about him “ignoring” her and accusing her of being
manipulative (Id. at 58), exchanged emails about the “missing” talking to him (Id.), and
about him informing her in October 2008 that she had “earned” a B+ for the first six '
In the Matter of Kevin John Plechl, OAH Case No. 100205 5
Page 31 of 37

weeks in “lunch time,” and that he “expected” an A for the next six weeks. (Id. at 56).
The student responded to the October 2008 email about “lunch time” by writing that she
thought she did rather “well,” and that “of course” she would get an A next time. (Id)
The student asked Licensee why he did not call her “Sonna” more, and referenced their
24-year age difference. (Id. at 57.) The email exchanged continued in October 2008 with
their exchanges about the appropriate “level” their friendship could take, and why they
could not have more than a teacher/student relationship. (Id. at 55, 59.)

Licensee acknowledged when he was questioned by school administrators in late
November 2008, afier the students mother had uncovered the emails and reported
Licensee to the school and the police, that he should have gone to a supervisor and
reported his email contact with the student.

It is clear from the emails that shortly after they stated in the fall of 2007, the
student had or was becoming romantically attached to Licensee. Licensee had reason
then to believe that the relationship between them had become inappropriate and that he
should have reported the matter to a supervisor by the late fall of 2007. He certainly
should have reported the relationship to his supervisor by mid-October 2008, when it
became clear from the emails that the student was asking why they could not have more
than a teacher/student relationship. Yet, he never reported the matter to his supervisor.

Licensee’s conduct constituted a failure to maintain an appropriate student-
teacher relationship in violation of OAR 584-020-0035(1)(c)(C).

(3) Child abuse report.

As a teacher, Licensee was and is a mandatory reporter of child abuse under ORS
419B.010(l)6 and 419B.005(3)(c).7 Licensee knew he was legally required to report
child abuse immediately. He had reported child abuse on others occasions. He
understood the purpose and the importance of the law.

The TSPC’s allegation of Licensee failing to report child abuse rests on the
November 9, 2007 email from the student to Licensee and their subsequent conversation.
Licensee argues that he did not report the abuse because he believed the abuse had
already been reported.

' 6 ORS 419B.010(l) states, in relevant part:
Any public or private official having reasonable cause to believe that any child with
whom the official comes in contact has suffered abuse * * * shall immediately report or
cause a report to be made in the manner required in ORS 419B.015 * * *.
ORS 419B.015(1)(a) provides, in relevant part:
A person making a report of child abuse, * * * shall make an oral report by telephone or
otherwise to the local office of the Department of Human Resources, to the designee of
the department or to a law enforcement agency * * *.
7“Public or private official” includes “school employee.” ORS 419B.005(3)(c).
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 32 of 37

In her November 9 email, the student first stated she did not go to the Salem
Public Library or to the City of Salem anymore because her stepfather worked for the
city, and she did not want to have contact with him. She stated that her stepfather had
abused her, both physically and emotionally, that he occasionally did “things” to her
sisters and her mother, but that her sisters did not remember and her mother did not want
to bring up the issues. The student expressed relief that at least her stepfather had not
sexually abused her. She went on in her email to state that “we” have a restraining order
against the stepfather “now,” and that her mother and stepfather were currently fighting
in court over custody of her two little sisters, who were the stepfather’s daughters. (Ex.
R23 at l.)

The purpose of the child abuse reporting law is to encourage private and public
officials, especially school teachers who have extensive contact with children, to report
suspected abuse to proper authorities and let skilled professionals investigate the
allegations. ORS 419B.007. Licensee knew from his training that he should err on the
side of reporting suspected child abuse.

The threshold question is whether the student’s description of what she reported
to Licensee meets the definition of “abuse” under ORS 419B.005. ORS
419B.005(1)(a)(A) defines “abuse” as:

Any assault, as defined in ORS chapter 163, of a child and any physical

injury to a child which has been caused by other than accidental means,

including any injury which appears to be at variance with the explanation

given of the injury.

A person commits the crime of “assault in the fourth degree” if the person
“intentionally, knowingly or recklessly causes physical injury to another.” ORS
163.160(1)(a). “Physical injury” means “impairment of physical condition or substantial
pain.” ORS 163 015(7).

Given the context of the student’s statements about her stepfather being abusive to
her, both physically and emotionally, that he did “things” to her sisters and mother, and
that the student expressed relief that at least her stepfather did not sexually abuse her, a
public or private official would have reasonable cause to believe that the student had been
the victim of “assault” and had experienced “physical injury.” ORS l63.l60(1)(a);

163.015 (7). The student described reportable child abuse to Licensee. ORS
4l9B.010(l). Licensee had a legal obligation to report the abuse.

ORS 419B.010(2) provides an exception for a public or private official to report
child abuse as follows:

Notwithstanding subsection (l) of this section, a report need not be made

under this section if the public or private official acquires information

relating to abuse by reason of a report made under this section, or by
In the Matter 0f Kevin John Plechl, OAH Case N0. 1002055
Page 33 of 37

reason of a proceeding arising out of a report made under this section, and

the public or private official reasonably believes that the information is

already known by a law enforcement agency or the Department of Human

Services.

Licensee argues that he was excused under ORS 419B.010(2) from reporting
child abuse because the student told him that her family currently had a restraining order
against the stepfather, and that the authorities already knew about it.

Licensee’s counsel argues that the language in ORS 419B.010(2), “and the public
or private official reasonably believes that the information is already known by a law
enforcement agency or the Department of Human Services,” following the requirement
that “the public or private official acquires information relating to abuse by reason of a
report made under this section, or by reason of a proceeding arising out of a report made
under this section,” is confusing.

ORS 419B.010(1) requires that the report of abuse be made in the manner
required in ORS 419B.015. ORS 419B.015(1)(a) requires the person to make the report
to the Department of Human Services (DHS) or a law enforcement agency.

IfLicensee had acquired information relating to abuse against the student by
reason of a report made to DHS or a law enforcement agency, or by reason of a
proceeding arising out of a report made to DHS or a law enforcement agency,
presumably Licensee would reasonably believe that the information was already known
to DHS or the law enforcement agency.

However, Licensee’s argnrment that he falls under the exception in ORS
419B.010(2) is not persuasive. It is not clear from the student’s email the basis on which
the restraining order was obtained. The email referred to the stepfather doing “things” to
her two little sisters and her mother. The email referred to her mother and stepfather
being in a custody dispute over the student’s little two sisters, both of whom were
fathered by her stepfather.

The restraining order could have resulted from a proceeding arising from the
stepfather’s abusive conduct against the student’s sisters or against her mother, or could
have been issued in connection with the custody dispute between the parents over the
student’s two sisters. Those events would have had nothing to do with an allegation of
abuse against the student by her stepfather.

Because the restraining order could have been based on circumstances other than
a proceeding arising out of a report of abuse against the student by her stepfather to DHS
or a law enforcement agency, Licensee failed to establish that he reasonably believed the
abuse had already been reported to DHS or a law enforcement agency. He failed to show
that the exception in ORS 419B.010(2) applies.

In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 34 of 37

Licensee was required immediately to report to authorities the child abuse that the
student described to him in her November 9, 2007 email. His failure to do so constituted
gross neglect of duty under ORS 342.175(1)(b) by failing to report child abuse in
violation of ORS 584-020-0040(4)(s) and ORS 419B.010.

(4) Discipline.

The commission rejects the ALJ’s proposed sanction and reasoning for the
sanction in this case. The specific sanction imposed in any given case is a matter that is .
within the Commission’s discretion. Licensee’s employer believed that Licensee’s
behavior was serious enough to warrant a written reprimand. Licensee engaged in a
relationship with a student that was outside of the professional boundaries; failed to
report to supervisors when he had reason to believe the student was romantically attracted
to him, and failed to report potential child abuse that he learned from the student. A
reprimand is within the Commission’s discretion and will serve to deter this type of
conduct in the future. Further, a letter of informal reproval issued pursuant to Sections 5
to 7, chapter 706, Oregon Laws 2009, is not appropriate because under section 5, a letter
of reproval is confidential and is only available if the commission agrees not to pursue
disciplinary action against the licensee and the licensee agrees to the terms of such a
letter. The commission did not agree to offer a letter of reproval when it first considered
this case. Instead, it voted to pursue disciplinary action. Given the charges and evidence
against licensee, the commission is well within its discretion to issue a public reprimand
pursuant to ORS 342.177(3)(a) against licensee.

ORDER
Based on the foregoing, the Commission hereby imposes a Public Reprimand on
Licensee Kevin John Plechl.
It is so Ordered this Q g day of December, 2011.
MW
Victoria Chamberlain
Executive Director
Teacher Standards and Practices Commission
In the Matter of Kevin John Plechl, OAH Case No. 1002055
Page 35 of 37

EXCEPTIONS
The amended proposed order is the Commission’s action on the Administrative
Law Judge’s Proposed Order. If you disagree with any part of this amended proposed
order, you may file written objections, called "exceptions," to the amended proposed
order and present written argument in support of your exceptions. Written argument and
exceptions must be filed within fourteen (l4) days after mailing of the amended
proposed order with the:
Teacher Standards and Practices Commission
250 Division Street NE
Salem, Oregon 97301
The Commission need not allow oral argument. The Executive Director may
permit oral argument in those cases in which the Director believes oral argument may be
appropriate or helpful to the Commissioners in making a final determination. If oral
argument is allowed, the Commission will inform you of the time and place for
presenting oral argument. After the Commission considers the exceptions or oral
argument, the Commission will enter a Final Order
In the Matter of Kevin Juhn Plechl, OAH Case No. 1002055
Page 36 of 37

1: ' . J @Ei illlfl @A1F5‘Og W“ L mi ~ ‘t
re
On December 23 , 2011, I mailed the foregoing Amended Proposed Order in OAH
Case No. 1002055.
By: First Class Mail
Heidi K. Brown
Attorney at Law
Bennett, Hartman, Morris & Kaplan
111 SW Fifth Avenue, Suite 1650
Portland OR 97204-3627
V By: Shuttle
Judith Anderson
Assistant Attorney General
Department of Justice
1162 Court Street NE
Salem OR 97301-4096
/ *

" I- .mgm' r r,
Melo u y Hans
Dire tor of Pro e: ional Practices
In the Matter ofKevin John Plechl, OAH Case No. 1002055
Page 37 of 37