1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

'2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS,

4 Teaching License of ) ORDER OF SUSPENSION

g DAVID CHARLES TITCHENAL g AND PROBATION

7 On or about May 14, 2002, the Teacher Standards and Practices Commission

8 (Commission) received a report from Walt Blomberg, Executive Director of Personnel and

9 Administrative Services, Woodbum School District, indicating that David Charles Titchenal
1O (Titchenal), a licensed educator, violated Standards by urinating on school property in the
11 presence of students and, by mooning (exposing his buttocks) students and, by “pantsing”
12 (pulling down their shorts) students.
13 After review of the matters alleged, Mr. Titchenal and the Commission agree that their
14 respective interests, together with the public interest, are best served by a stipulation to certain
15 facts and the surrender of his teaching license. This Order sets forth the facts upon which the
_ J parties have agreed and the sanction to be imposed. ln entering into this stipulation, Mr.
17 Titchenal waives the right to a hearing to contest the findings of fact, conclusion of law and
18 order set forth below. Mr. Titchenal understands that the Commission wili accept the surrender
19 of his teaching license and will suspend the teaching license for six (6) months. Mr. Titchenal
20 understands that reinstatement of his teaching license after the six (6) month suspension will be
21 subject to specific conditions and a subsequent four (4) year period of probation.
22 STIPULATION OF FACTS
23 1. The Commission has licensed Mr. Titchenal as an Oregon Educator since
24 February 3, 1998. He currently holds a Basic Teaching License with a Basic Physical Education
25 Endorsement issued November 21, 2001, valid until November 5, 2004.
26 2. Mr. Titchenal was employed by Woodbum School District as a Physical Education
27 Teacher at French Prairie Middle School and baseball coach beginning in September of 1998.

E‘; Mr. Titchenal resigned on May 22, 2002.

Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - TITCHENAL

1 3. On or about April 11, 2002, Mr. Titchenal was observed by students on the baseball
‘ team urinating in a garbage barrel located behind the backstop in the field behind French Prairie
3 Middle School.
4 4. While serving as a licensed educator and baseball coach Mr. Titchenal had a practice
5 of mooning both players and his physical education students. He has also engaged in pantsing
6 them (pulling down their shorts) during the course of practice or class.
7 5. On or about February 25, 1991, Mr. Titchenal was convicted of Assault IV and
8 Disorderly Conduct in Jackson County District Court, Medford, Oregon.
9 6. Mr. Titchenal accepts responsibility for his actions and acknowledges his behavior ‘
1O was inappropriate. ,
11 This stipulation is contingent upon approval and adoption of the Order by the I
12 Commission. lf the Commission does not adopt this Order, neither Mr. Titchenal nor the ‘
13 Commission are bound by these Stipulations and Mr. Titchenal retains all rights to a hearing on ‘
q the allegations. 1
5 lT IS so s ATED: \ ‘
16 M 3 Z 2c [QZ/
17 | Charles ' chenal Date
WW 3/” ‘09/
19 Victoria C rlain, Executive Director Date
20 Teacher Standards and Practices Commission
21 CONCLUSIONS OF LAW
22 David Charles Titchenal’s behavior as described in Stipulations 3 and 4 above violate
23 OAR 584-020-0040(4)(f) by creating an intimidating, hostile and offensive educational
24 environment for students. This conduct also demonstrated failure to use professional judgment
25 in violation of OAR 584-020-0010(5). This misconduct constitutes Gross Neglect of Duty.
26 Mr. Titchenai’s criminal convictions for Assault IV and Harassment are violation of OAR
27 584-020-0040(5)(c). This misconduct constitutes Gross Unfitness. The Commission‘s authority
' to impose discipline in this matter is based upon ORS 342.175.
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - TITCHENAL

1 ORDER
‘ The Commission suspends the Oregon Basic Teaching License of David Charles
3 Titchenal effective October 11, 2002, for a period of six (6) months. At the end of this
4 suspension period, Mr. Titchenal’s teaching license shall be reinstated providing he meets the
5 following conditions:
6 1. Submit complete application with required supporting documentation and fees;
7 2. Submit documentation that he has completed (at his own expense), an intensive
8 education program regarding appropriate boundaries with students, including sexual
9 harassment education conducted by a qualified trainer approved in advance by the
10 Commission. This intensive training shall consist of, at least, five (5) one and one-half (1 1/2)
11 hour sessions. Mr. Titchenal shall provide the trainer with a copy of this Stipulation of Facts and
12 Order of Suspension. The program trainer shall provide the Commission with a report of
13 successful program completion; and
3. Submit documentation that he has undergone an evaluation by a psychotherapist or
‘5 medical professional acceptable to the Commission. The evaluator shall provide a written
16 report to the Commission, the report shall contain the following:
17 a. A list of the processes and techniques used in the evaluation, e.g. testing, interviews,
18 etc., and a list of the materials used and reviewed in the evaluation.
19 b. A statement of the evaluator’s findings and an explanation for the basis of these
20 findings.
21 c. A statement that, in the professional opinion of the evaluator, Mr. Tichenal is fit to
22 work with students, and that there is a high probability he will not engage in similar
23 inappropriate behavior in the future. Any costs associated with the assessment or
24 treatment will be the responsibility of Mr. Titchenal.
25 4. At the outset of the evaluation, Mr. Titchenal shall provide a copy of this order and a
f copy of the Woodbum School District's report to the Commission dated May 13, 2002, to the
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - TITCHENAL

1 evaluator. Mr. Titchenal shall cooperate in the evaluation which may include testing, interviews
‘ and any other activities the evaluator may consider necessary to complete the evaluation.
3 5. The Commission will consider the evaluator’s report to be a medical record containing
4 personal information the disclosure of which would constitute an unreasonable invasion of
5 privacy. The Commission agrees not to disclose the report to third parties unless ordered to do
6 so under Oregon law. '
7 6. Upon reinstatement of his teaching license, Mr. Titchenal shall be placed on probation
8 for a periodof four (4) years, subject to the following conditions: A
9 a. That he comply with all Standards for Competent and Ethical Performance under
1O Chapter OAR 584, Division 020.
11 b. Mr. Titchenal shall participate in continuing therapy, counseling or treatment as
12 recommended by the evaluator in paragraph 3 above.
13 c. Mr. Titchenal shall provide consent for his treatment provider to contact the
'1 Commission or to respond to the Commission's inquiries in order to verify Mr.
15 Tichena|’s participation and cooperation in any treatment recommended to the
16 evaluator. I
17 Violation of the terms of this probation may constitute an independent basis for the
18 Commission to impose discipline, up to and including revocation of Mr. Titchenal‘s teaching
19 license subject to Mr. Titchenal’s right to a hearing on the issue of whether he violated
20 probation.
21 IT IS SO ORDERED this L day of October 2002
22 TEACHER STANDARDS AND PRACTICES COMMISSION
. 23 25 é é g I; i
24 By: M,
25 ictoria Cha Executive Director
26 Approve to form:
7
‘9 Témas K. DZyle, OSé ;7251
30 torney for David arles Titchenal {0812021
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — TITCHENAL