BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the ) STIPULATION OF FACTS AND
Educator license of: ) FINAL ORDER OF
KEVIN JOSHUA TURNER ) REVOCATION OF RIGHT TO APPLY

On or about August 20, 2012, the Teacher Standards and Practices Commission
(Commission) received a report from the Salem-Keizer School District, indicating that licensed
educator Kevin Turner (Ttn'ner) may have violated professional standards.

After review of the matters alleged, Turner and the Commission agree that their
respective interests, together with the public interest, are best sewed by a stipulation to certain
facts, and revocation of Turners right to apply for licensure.

This document sets forth the facts upon which the parties have agreed and the stipulated
sanction t0 be imposed. Turner stipulates that there is sufficient evidence in the Commission’s
files and records to support the findings of fact, conclusions of law, and order set forth below.

By signing below, Turner acknowledges, understands, stipulates, and agrees to the
following: (i) he has been fully advised of his rights to notice and a hearing to contest the
findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
Order of Revocation of Right to Apply (Stipulation and Final Order); (ii) this Stipulation and
Final Order is a public document and disclosed to the public upon request by the Commission;
(iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by
the Commission. Ifthe Commission does not approve and adopt this Stipulation and Final
Order, then neither Turner nor the Commission are bound by the terms herein; (iv) he has fully
read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without
any force or duress, enters into this Stipulation and Final Order and consents to issuance and
entry of the Stipulated Final Order below; (vi) he states that no promises or representation has
Page-1. .SIIPHlféIION OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY — KEVIN

been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted
with an attorney regarding this Stipulation and Final Order and has been fully advised with
regard to his rights thereto, or waives any and all rights to consult with an attorney prior to
entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final
Order below. This Order sets forth the facts upon which the parties have agreed and the
sanction to be imposed. In entering into this stipulation, Turner waives the right to a hearing
to contest the findings of fact, conclusions of law and order set forth below.

Sl'IPULATION OF FACTS

1. The Commission has licensed Turner since July 15, 2002. Turner previously held an
Initial I Teaching License valid December 2, 2009 through July 15, 2012, with an
endorsement in Social Studies (HS). Turner had been previously employed as a teacher
for the Salem-Keizer School District until his resignation effective July 31, 2012; 'hu'ncr
is not currently employed in the teaching profession.

2. 0n August 20, 2012, the Commission received a report from the Salem-Keizer School
District indicating 'Durner had recently been investigated by the Keizer Police
Department regarding sex abuse allegations related to activity in 1999, prior to becoming
a teacher when he was in his early 20’s. The allegations would constitute activity
amounting to gross neglect of duty and / or gross unfitness. Subsequent investigation
determined that Turner was accused of conduct occurring in approximately 1999, while a
Youth Group Leader for the Christian youth group “Young Life”, and involved
inappropriate behaviors with a teen-aged youth group member JR. The details of the
alleged inappropriate behaviors included:

a. Turner encouraged and participated in naked hot tub sessions with JR and
other minor aged male youth group members as well as other leaders. All the
participants were male, and no allegation of sexual activity in the hot tub is
alleged.

P2222. .Sl-lngbIlON OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY - KEVIN

b. On more than one occasion, Turner visited JR at his residence. ‘Dimer admits
that he would lay down on a bed next to JR with no shirt on and on some
occasions, while lying in bed with JR, Turner would give JR back rubs. Turner
would visit JR as described above when JR was staying home from school due
to illness.

c. Turner and JR engaged in wrestling and Brazilian jiu-jitsu while at a Young
Life house. While 'hlrner contends that such conduct was not sexual in
nature, on one occasion, alter grappling for some time, Turner engaged in
massaging J R’s back and shoulders and during this encounter Turner
attempted to kiss JR on the neck.

3. On or about May 29, 2012, the Keizer police referred their investigation to the District
Attorney/s Office, who declined to prosecute the case. On July 31, 2012, Turner entered
into a separation agreement with the Salem-Keizer School District resigning Turners
teaching position. Turner had not been disciplined or otherwise sanctioned by the
Commission for any conduct during 2001 — 2012 while he was licensed by the
Commission and served as a teacher.

IT IS 0 S ‘ - * TED:
"Mp {A It». lb’

Ke - ‘I, WI"; , _ Date

Md, We M
ictoria Charn n - - ' , Executive Director Date
Teacher Standards and Practices Commission

CONCLUSION OF LAW
Kevin Joshua 'Illrner, prior to licensure or employment in the teaching profession, and

while an adult in a leadership role over minor children; demonstrated poor decision making,
Page'3 ISIIPHLAIION OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY - KEVIN

and demonstrated inappropriate boundaries between an adult and a minor. Turners conduct as
described in section two (2) above constitutes gross neglect of duty in violation of ORS
342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use
professional judgment); OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries
with students in conduct and conversation at all times. This conduct also constitutes gross
unfitness in violation of ORS 342.175(1)(c); OAR 584-020-oo4o(5) (Gross unfitness is any
conduct which renders an educator unqualified to perform his or her professional
responsibilities. Conduct constituting gross unfitness may include conduct occurring outside of
school hours or ofl' school premises when such conduct bears a demonstrable relationship to
the educator's ability to fulfill professional responsibilities efiectively).
The Commission’s authority to impose discipline in this matter is based upon ORS
342.175-
/ / /
ORDER
The Commission adopts the above Stipulation of Facts, revokes Kevin Joshua Turner’ s
right to apply for an educator license.
IT 1s so ORDERED misols day 0% 20945/
TEACHER STANDARDS D PRACTICES COMMISSION
(
By; I I M I% WW
o a Chamber am, ecutive Director
Pagel4 ISIIIPHLAIION OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY — KEVIN

CERTIFICATE OF MAILING

I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Revocation of
Right to Apply, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail —
Return Receipt Requested, addressed to:

Kevin Joshua Turner

432 Delmar Drive N

Salem, OR 97303-6018
DATED this ,Q/ ‘6Q of July, 2015.
By: ' ' i

Liddell
Investigative Assistant

Certificate of Mailing — Turner, Kevin Joshua
Data Classification Level; 1 - Published
DO: Liddell