1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License 0f ) FINAL ORDER OF REPRIMAN D g KENNEY EVANS POLSON ) 7 On November 18, 2014,the Teacher Standards and Practices Commission 8 (Commission) received a report fromthe Portland Public Schools District alleging 9 professional misconduct on the part of licensed educator, Kenney Evans Pols0n(Polson). 1O After review of the matters alleged, Polsonand the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts and the imposition of a public reprimand. i 1 3 By signing below, Polsonacknowledges, understands, stipulates, and agrees to the 14 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 15 findings 0f fact, conclusions of law, and order set forth below, and fully and finally 16 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 17 Facts and Final Order of Reprimand(Stipulation and Final Order); (ii) this Stipulation 18 and Final Order is a public document and disclosed to the public upon request by the 19 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 20 approval and adoption by the Commission. If the Commission does not approve and 21 adopt this Stipulation and Final Order, then neither Polsonnor the Commission arc 22 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 23 understands it completely; (v) he voluntarily, without any force or duress, enters into 24 this Stipulation and Final Order and consents t0 issuance and entry of the Stipulated 25 Final Order below; (vi) he states that no promise or representation has been made to 26 induce himto sign this Stipulation and Final Order; and (vii) he has consulted with an 27 attorney regarding this Stipulation and Final Order and has been fully advised with 28 regard to hisrights thereto, or waives any and all rights to consult with an attorney prior 29 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 30 Final Order below. 31 STIPULATION OF FACTS 32 1. Kenney EvansPolsonhas been licensed by the Commission sinceAugust 31, 2004. 33 Polson’sInitial II Teaching License, with an endorsement in Music (ML/HS, ECE/ELE 34 L), is valid June 10, 2012, through June 9, 2015. Polson also holds an Initial 35 Administrator License, with an endorsement in Administration (ALL LVL), valid from Page 1 STIPULATION OF FACTS ANDFINAL ORDER OF REPRIMAND-KENNEY EVANS POLSON t t, _ __l 1 January 11, 2013 through June 9, 2015. On April 21, 2015, Polson made timely 2 application for renewal of his licenses; and the expiration of both licenses were pended, 3 allowing both licenses to remain valid awaiting the final outcome of the 4 investigationDuring all relevant times, Polsonwas employed by the Portland Public 5 School District. 6 2. On November l8, 2014, the Commission received a report from the Portland Public 7 School District indicating Polson may have committed an act of gross neglect of duty 8 and/or gross unfitness. Specifically, unwelcome physical contact and/or inappropriate 9 comments with a female employee: 10 a. On June 17, 2014, the last work day for teachers, Polson contacted a school 1 1 secretary whom Polson contends he had known and been friendly with 12 throughout the school year, in order to turn in his keys. Polson, while saying his 13 goodbyes, asked the secretary for a goodbye hug. The secretary, who was seated 14 at the time, reported that Polson hugged her in an affectionate manner and in a 15 way that made her feel uncomfortable and confused. The secretary stated that 16 Polson’s actions were unwanted and wondered if Polson had sexually harassed 17 her. Within minutes, the secretary reported Polson’s conduct to the school's 1 8 principal. 19 3. On December 11, 2014, district officials issued Polson a reprimand and final warning 20 with five days off without pay for policy violations related to sexual harassment. Polson 21 contests the secretary’s allegations and the school district’s actions, but acknowledges 22 that there may exist evidence that the Commission could find Polson in violation of 23 Commission rules. 24 4. Polson, on his own accord, sought related counseling to address the issue. 25 26 27 IT IS SO STIPULATED: 28 / 29 gi/glfl% é/EZ 00L i2) 21010’ 3O y EvansP on Date g; MM MM 33 Dr. Monica Beane, Executive Director Date 34 Teacher Standards and Practices Commission 35 CONCLUSION OF LAW Page 2 STIPULATION OF FACTS ANDFINAL ORDER OF REPRIMAND-KENNEY EVANS POLSON 1 Kenney EvansPolson’s conduct as described above, violates professional 2 standards.Polson’s conduct constitutes gross neglect of duty in violation of ORS 3 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(5) (Use 4 professional judgment),and OAR 584-020-0030(2)(b) (Skill in communicating with 5 administrators, students, staff, parents, and other patrons). 6 The Commission’s authority to impose discipline in this matter is based upon 7 ORS 342.175. 8 ORDER 9 Based on the foregoing, the Commission hereby orders as follows: 1O 1. The Commission adopts and incorporates herein the above findings of fact and 1 1 conclusions of law, and based thereon, imposes a Public Reprimand on 12 Kenney EvansPolson’sOreg0n educator license(s). 1 3 14 Issued and dated this fl day of flow/2M, 20k. 1 5 TEACHER STANDARDS AND PRACTICES COMMISSION 16 STATE OF OREGON 17 ‘ é Z 1 8 By WM 19 Dr. Monica Beane, Executive Director Page 3 STIPULATION OF FACTS ANDFINAL ORDER OF REPRIMAND-KENNEY EVANS POLSON CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Kenney Evans Polson 2359 SW Thomas PL Gresham, OR 97080 DATED this (8’, day of November, 2016. By: M atty Sheldon Investigative Assistant Certificate of Mailing — Kenney Evans Polson Data Classification Level: 1» Published DO: Sheldon 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License 0f ) FINAL ORDER OF REPRIMAN D g KENNEY EVANS POLSON ) 7 On November 18, 2014,the Teacher Standards and Practices Commission 8 (Commission) received a report fromthe Portland Public Schools District alleging 9 professional misconduct on the part of licensed educator, Kenney Evans Polson(Polson). 10 After review of the matters alleged, Polsonand the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts and the imposition of a public reprimand. l 1 3 By signing below, Polsonacknowledges, understands, stipulates, and agrees to the 14 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 15 findings 0f fact, conclusions of law, and order set forth below, and fully and finally 16 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 17 Facts and Final Order of Reprimand(Stipulation and Final Order); (ii) this Stipulation 18 and Final Order is a public document and disclosed to the public upon request by the 19 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 2O approval and adoption by the Commission. If the Commission does not approve and 21 adopt this Stipulation and Final Order, then neither Polsonnor the Commission are 22 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 23 understands it completely; (v) he voluntarily, without any force or duress, enters into 24 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 25 Final Order below; (vi) he states that no promise or representation has been made to 26 induce himto sign this Stipulation and Final Order; and (vii) he has consulted with an 27 attorney regarding this Stipulation and Final Order and has been fully advised with 28 regard to hisrights thereto, or waives any and all rights to consult with an attorney prior 29 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 30 Final Order below. 31 STIPULATION OF FACTS 32 1. Kenney EvansPolsonhas been licensed by the Commission sinceAugust 31, 2004. 33 Polson’sInitia1 II Teaching License, with an endorsement in Music (ML/HS, ECE/ELE 34 L), is valid June 10, 2012, through June 9, 2015. Polson also holds an Initial 35 Administrator License, with an endorsement in Administration (ALL LVL), valid from Page 1 STIPULATION OF FACTS ANDFINAL ORDER OF REPRIMAND-KENNEY EVANS POLSON t t, _ __l 1 January 11, 2013 through June 9, 2015. On April 21, 2015, Polson made timely 2 application for renewal of his licenses; and the expiration of both licenses were pended, 3 allowing both licenses to remain valid awaiting the final outcome of the 4 investigationDuring all relevant times, Polsonwas employed by the Portland Public 5 School District. 6 2. On November l8, 2014, the Commission received a report from the Portland Public 7 School District indicating Polson may have committed an act of gross neglect of duty 8 and/or gross unfitness. Specifically, unwelcome physical contact and/or inappropriate 9 comments with a female employee: 10 a. On June 17, 2014, the last work day for teachers, Polson contacted a school 1 1 secretary whom Polson contends he had known and been friendly with 12 throughout the school year, in order to turn in his keys. Polson, while saying his 13 goodbyes, asked the secretary for a goodbye hug. The secretary, who was seated 14 at the time, reported that Polson hugged her in an affectionate manner and in a 15 way that made her feel uncomfortable and confused. The secretary stated that 16 Polson’s actions were unwanted and wondered if Polson had sexually harassed 17 her. Within minutes, the secretary reported Polson’s conduct to the school's 1 8 principal. 19 3. On December 11, 2014, district officials issued Polson a reprimand and final warning 20 with five days off without pay for policy violations related to sexual harassment. Polson 21 contests the secretary’s allegations and the school district’s actions, but acknowledges 22 that there may exist evidence that the Commission could find Polson in violation of 23 Commission rules. 24 4. Polson, on his own accord, sought related counseling to address the issue. 25 26 27 IT IS SO STIPULATED: 28 / 29 gi/glfl% é/EZ 00L l2) 21010’ 3O y EvansP on Date g; MM MM 33 Dr. Monica Beane, Executive Director Date 34 Teacher Standards and Practices Commission 35 CONCLUSION OF LAW Page 2 STIPULATION OF FACTS ANDFINAL ORDER OF REPRIMAND-KENNEY EVANS POLSON 1 Kenney EvansPolson’s conduct as described above, violates professional 2 standards.Polson’s conduct constitutes gross neglect of duty in violation of ORS 3 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 4 professional judgment),and OAR 584-020-0030(2)(b) (Skill in communicating with 5 administrators, students, staff, parents, and other patrons). 6 The Commission’s authority to impose discipline in this matter is based upon 7 ORS 342.175. 8 ORDER 9 Based on the foregoing, the Commission hereby orders as follows: 1O 1. The Commission adopts and incorporates herein the above findings of fact and 1 1 conclusions of law, and based thereon, imposes a Public Reprimand on 12 Kenney EvansPolson’sOreg0n educator license(s). 1 3 14 Issued and dated this fl day etffloambv, 20k. 1 5 TEACHER STANDARDS AND PRACTICES COMMISSION 16 STATE OF OREGON 17 ‘ é Z 1 8 By WM 19 Dr. Monica Beane, Executive Director Page 3 STIPULATION OF FACTS ANDFINAL ORDER OF REPRIMAND-KENNEY EVANS POLSON CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Kenney Evans Polson 2359 SW Thomas PL Gresham, OR 97080 DATED this (8’, day of November, 2016. By: M atty Sheldon Investigative Assistant Certificate of Mailing — Kenney Evans Polson Data Classification Level: 1» Published DO: Sheldon