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 ) ' FINAL ORDER 5 ROBERT PAUL KENNEWELL ) OF REPRIMAND 6 On or about March 16, 2006, the Teacher Standards and Practices Commission (Commission) 7 received a report from Michael Taylor, Superintendent, Parkrose Public School District, indicating that 8 Robert Paul Kennewell (Kennewell) caused damage to a wall in the locker room of the Central 9 Catholic High school after tossing a weight in frustration with his team's play. 10 Mr. Kennewell fully cooperated with the Commission's investigation. After review of the 11 matters alleged, Mr. Kennewell and the Commission agree that their respective interests, together 12 with the public interest, are best served by a stipulation to certain facts, the imposition of a Public 1 3 Reprimand. 14 This document sets forth the facts upon which the parties have agreed and the stipulated 15 sanction to be imposed. Mr. Kennewell stipulates that there is sufficient evidence in the 16 Commission's files and records to support the findings of fact, conclusions of law, and order set forth 1 7 below. 18 By signing below, Mr. Kennewell acknowledges, understands, stipulates, and agrees to the 19 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of 2O fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 21 rights to appeal or othen/vise challenge this Stipulation of Facts, Final Order Of Reprimand (Stipulation 22 and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to the public 23 upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon and subject 24 to approval and adoption by the Commission. If the Commission does not approve and adopt this 25 Stipulation and Final Order, then neither Mr. Kennewell nor the Commission are bound by the terms 26 herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) he 27 voluntarily, without any force or duress, enters into this Stipulation and Final Order and consents to 28 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND - KENNEWELL 1 representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he has 2 consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with 3 regard to his rights thereto, or waives any and all rights to consult with an attorney prior to entering 4 into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 5 STIPULATION OF FACTS 6 1. The Commission has licensed Mr. Kennewell since January 4, 1988. Mr. Kennewell 7 currently holds a Standard Teaching License valid December 3, 2007, through December 30, 2012, 8 with an endorsement in Standard Health Education. 9 2. On February 14, 2006, during an away game at Central Catholic High School Kennewell 10 became frustrated with his basketball team’s play. 11 3. During that same incident Kennewell kicked a bench and tossed two gym weights in 12 frustration in the locker room. The weights caused minor damage to a wall. This conduct was 13 witnessed by several students. 14 4. Mr. Kennwell has no previous disciplinary history with the Commission. 15 IT IS SO STIPULATED: 16 KM PM til-M22 ,. [WI/0% 17 Robe aul Kenne II t Date 19 ctoria Cha r , xecutive Director Date 20 Teacher Standards and Practices Commission 21 CONCLUSIONS 0F LAW 22 Robert Paul Kennewell caused minor damage to a locker room wall at time when Kennewell 23 was frustrated with his basketball team’s play. Kennewell’s actions were witnessed by several 24 students. This conduct constitutes Gross Neglect of Duty in violation of OR 584-020-0040(4)(n) as it 25 incorporates OAR 584-020-0030(2)(b) (Skill in communicating with students, staff, parents and other 26 patrons) and OAR 584-020-0010(5) (Use professional judgment) and OAR 584-020-0040(4)(e) 27 (Violentor destructive behavior on school premises or a school-sponsored activity). The Commission Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND - KENNEWELL 1 has authority to impose discipline in this matter under ORS 342.120 through 342.430 and OAR 2 Chapter 584. 3 ORDER 4 The Commission hereby adopts and incorporates herein the above findings of fact and 5 imposes a Public Reprimand on Robert Paul Kennewell. This Stipulation of Facts, Order and 6 Probation constitute the Reprimand. 7 Issued and dated thisizfdégy of October, 2008. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 STATE OF O EGON 1(1) 3W 12 lctoria Chamb n, Exe tive Director Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND - KENNEWELL \