1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMIVHSSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) SETTLEMENT AGREEMENT,

Admmistratlve License of ) STIPULATION OF FACTS AND FINAL
5 RICHARD BOYD HENSEL ) ORDER OF SUSPENSION
3 6 On or about May 2, 2010, the Teacher Standards and Practices Commission
i 7 (Commission) received a report from Kevin Davis indicating that Richard Boyd Hensel (Hensel),

8 engaged in a sexual relationship with his wife, Renee Davis, when she was a teacher at the

9 Athena-Weston School District during the 2003-2004 school year. On August l4, 2012, the
10 Commission issued a Final Order Incorporating Amended Proposed Order- OAH Case No.
11 1102366 (August Final Order) in this matter. On August 20, 2012, the Gervais School District
12 (District) filed a Petition for Judicial Review appealing the Commission’s August Final Order.
l3 After review of the matters alleged, Hensel, the District and the Commission agree that their
l4 respective interest, together with the public interest, are best served by a stipulation to certain facts
15 and the imposition of a 30 day suspension of Hensel’s Administrative License. In exchange for
l6 the mutual promises and other considerations described below, the parties agree to the following:
17 l. The Commission agrees that this Stipulation of Facts and Final Order of Suspension
18 (Stipulation and Final Order) will wholly replace the August Final Order. The Commission
19 further agrees that Hensel’s Administrative License will be renewed upon the conclusion of
20 his 30-day suspension or January 6, 2013, whichever occurs later.
21 2. The District agrees that it will withdraw the Petition for Review, Appellate Court No.
22 A152246, upon the execution of this Stipulation and Final Order and waives any rights to
23 appeal this Stipulation and Final Order.
24 3. Hensel agrees to the following:
25 a. He has been fully advised of his rights and agrees to waive any rights to appeal or
26 otherwise challenge this Stipulation and Final Order and the August Final Order;

Page 1- STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION- HENSEL
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1 b. This Stipulation and Final Order is a public document and disclosed to the public upon
2 request by the Commission;
3 c. He has fully read this Stipulation and Final Order, and understands it completely;
4 d. He voluntarily, without any force or duress, enters into this Stipulation and Final
5 Order and consents to issuance and entry of the Stipulated Final Order below;
6 e. He states that no promise or representation has been made to induce him to sign this
7 Stipulation and Final Order; and
8 f. He has consulted with an attorney regarding the Stipulation and Final Order and has
9 been fully advised with regard to his rights thereto.
10 4. The agreements by the parties to each of the foregoing provisions of this Agreement are
11 mutually dependent, each upon the other. The consideration with respect to each individual
Q 12 provision includes, but is not limited to, the agreement of each party to be bound by every
13 other term of this Agreement. The pledges contained in this Agreement are not mere recitals;
14 they are contractual provisions.
15 5. Each party shall bear its own legal fees and costs incurred in connection with all proceedings
16 to date regarding the licensure of Hensel, including those costs incurred in Oregon Court of
l7 Appeals Case No. A152246.
18 STIPULATION OF FACTS
l9 l. Hensel has been licensed as an administrator in Oregon since June ll, 2001. Hensel’s current
20 Administrator License is valid November l2, 2007 through January 6, 2013. During all
21 relevant times of the complaint, Hensel was employed by the Athena-Weston School District.
22 2. On May 2, 2010, the Commission received a report from Kevin Davis indicating that Hensel,
23 engaged in a sexual relationship with his wife, Renee Davis, when she was a teacher at the
24 Athena-Weston School District during the 2003-2004 school year. Also, in May 2010, Mrs.
; 25 Davis gave the Commission a six-page handwritten statement detailing her experience with
1 26 Hensel. Mrs. Davis would not have made the statement if her husband had not asked her to
; Page 2- STIPULATION 0F FACTS AND FINAL ORDER OF SUSPENSION- HENSEL
1
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1 do so.
2 3. During the relevant events, Hensel was employed as the Superintendent of the Athena-Weston
3 School District. As superintendent and the elementary school principal, Hensel supervised
4 Mrs. Davis, although an administrator at the middle school was responsible for her job
5 performance evaluation. i
6 4. Mrs. Davis and Hensel engaged in a sexual relationship during the 2003-2004 school year, ;
7 with some of the sexual conduct occurring on school grounds. The relationship ended when ‘
8 the 2003-2004 school year ended. 1
9 5. Neither Hensel nor Mrs. Davis told anyone about their sexual relationship. No one with the
10 Athena-Weston School District ever reported anything about the sexual relationship between
11 Hensel and Mrs. Davis.
12 6. Hensel did not offer Mrs. Davis a pay raise, a good job performance evaluation or a favorable
l3 job recommendation to continue their sexual relationship. He did not threaten to give her a
14 poor job performance evaluation or an unfavorable job recommendation if she did not
15 continue the relationship.
16 7. The Gervais School District hired Hensel as superintendent for the 2007-2008 school year.
17 He remains superintendent of the district. The school board has given Hensel very good
18 evaluations as superintendent.
l9 8. Hensel has never been disciplined by the Commission.
20 IT IS SO STIPULATED:
i 21
i 22 MW M
1 Richard Boyd Hens Date
i 23 GERVAIS SCHOOL DISTRICT
24 Byflnzaiaii Maw
‘ 25 Brent LaFollette, Board Chair Date
26
Page 3- STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION- HENSEL

l TEACHER STANDARDS AND PRACTICES COMMISSION
2 BYMLj/r M
rc ria Chamberlain, Ex cutive Director Date

3

4 CONCLUSION or LAW

5 Richard Boyd Hensel’s conduct constitutes gross neglect of duty by exercising poor

6 professional judgment in violation of OAR 584-020-0040(n) as it incorporates 584-020-0010(5)

7 (Use of professional judgment).

8 The Commission’s authority to impose discipline in this matter is based upon ORS

9 342.175.

1° ORDER

ll The Commission adopts and incorporates the above findings of fact and conclusions of

12 law, and based thereon, imposes a thirty (30) day suspension upon Hensel’s Continuing
1 13 Administrator License.

14 Issued and dated this 40 day of December, 2012.
j 15 TEACHER STANDARDS AND PRACTICES COMMISSION
1 16 STATE OF O GON
1 17 By "ézg Ak 225% éx;
‘ 18 ic ria Chamberlain, Ex cutive irector
1 19
i 20
1 21

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