1 BEFORE THE TEACHERS AND STANDARDS AND PRACTICES COMMISSION .
2 OF THE STATE OF OREGON
3
4 In the Matter of the ) STIPULATION OF FACTS
5 Administrative License of ) SURRENDER OF LICENSE
6 KENNETH SETTLEMIER ) AND ORDER OF REVOCATION
7 )
8
9 The Teacher Standards and Practices Commission received a complaint against
10 Kenneth Richard Settlemier, which, if sustained, would be the basis for disciplinary
11 action against him pursuant to the Commission's authority under ORS 342.175
12 through 342.190. The Commission commenced investigation of the complaint that
13 Mr. Settlemier's management style had been perceived by some persons subject to his
14 oversight, evaluation and supervision as failing to meet the Commission's standards
15 for the competent educator.
l6
17 Having retired from his employment with the Lincoln County School District and prior
18 to completion of the Commission's investigation, to save both TSPC and Mr. Settlemier
19 further time and expense, Mr. Settlemier has requested that the Commission accept
20 his voluntary surrender of his Administrative License. The Commission and Mr.
21 Settlemier have now stipulated to the Facts and Order Accepting Surrender of License,
22 which follow. In entering into this stipulation, Mr. Settlemier has waived his right to
23 hearing. This agreement states the facts upon which the parties have agreed and
24 includes the Commission's Order. 1
o
'26 STIPULATION OF FACTS
27
28 I. Kenneth Richard Settlemier holds a Standard Administrative License endorsed
29 for administrator and superintendent and valid from July 29, 1997 to July 13,
30 2002.
31
32 2, Mr. Settlemier was employed by Lincoln County School District as an
33 administrator from July 1, 1987 to June 1999.
34
35 3. Mr. Settlemier violated OAR 584-020-0040(4)(l) in his supervision of female staff
36 who reported his management style created an intimidating, hostile or offense
37 working environment,
38
39 4. Mr. Settlemier violated OAR 584-020-0030(2)[b), (3)(c) and (e) in his failure to
40 demonstrate commitment to recognizing the worth and dignity of all persons, to
41 demonstrate skill in communicating Wifll staff members and others, a duty to
42 demonstrate willingness to be flexible in cooperative working with others and a
43 duty to demonstrate skill in reconciling conflict.
44
45 5. Although Mr, Settlemier contests the allegations in numbers 3 and 4 above, he
46 acknowledges that as an administrator some characteristics of his management
47 style and practices toward some staff were of sufficient concern as to be the
48 appropriate subject of discipline by the Commission.
249 .
PAGE 1~STIPULATION AND ORDER—KENNETH RICHARD SETTLEMIER

. 1 6. Mr. Settlemier has achieved an age by which he is qualified for retirement, he

2 has entered upon retirement from the Lincoln County School District and he

3 requests that the Commission accept the voluntary surrender of his

4 Administrative License.

5

6 Kenneth Richard Settlemier entersiinto this Stipulation of Facts with knowledge that
7 the Teacher Standards and Practices Commission will accept the surrender of his

8 Oregon Administrative License and revoke the license for gross neglect of duty . This
9 Stipulation is contingent upon approval of the Stipulation of Facts and adoption of the
10 Order by the Commission. If the Commission does not adopt this Order, neither Mr.
11 Settlemier nor the Commission are bound by these stipulations and Mr. Settlemier
12 retains all rights to a hearing on the allegations.

13

14 IT IS SO STIPULATED:

15

16 é

17

18 \l ‘mu/(A, Ma “M I 2'6’ ' O 0

19 Kenneth Richard Settlemier Date
20
21 ,
22
23 QM 4%E? /f/ {40
24 David V. Myton, Exec tive Director Date

‘5 Teacher Standards and Practices Commission

26
27 ULTIMATE FINDINGS OF FACT

28
29 As a Lincoln County School District administrator from July 1987through December
30 1998, Kenneth Richard Settlemier failed to sufficiently recognize the worth and
31 dignity of all persons subject to his supervision and failed to demonstrate the
32 necessary skill in communication and conflict resolution as required by OAR
33 584-020-0010 and 584-020-0030. His supervision of some female staff

34 members created an intimidating, hostile and / or offensive working environment
35 in violation of OAR 584-020-0040(4)(1]. Such failures constitute gross neglect of
36 duty within the meaning of TSPC Standards.

37

38 CONCLUSIONS OF LAW

39

40 Under ORS 342.175 the Commission may impose sanctions on educators whose

41 conduct constitutes gross neglect of duty.

PAGE 2~STIPULATION AND ORDER——KENNETH RICHARD SETTLEMIER

1
. 2 ORDER

3

4 The Commission accepts the voluntary surrender of the Oregon Administrative License
S #912859 of Kenneth Richard Settlemier and revokes the license for gross neglect of
6 duty.

7

8 x» L 4

9 Dated this 7 day of ' , 2000.

10

11 TEACHER STANDA AND PRACTICES COMMISSION

12

13 \

15 By ‘
16 David V. Myton, E ecutive Director

l7

18 DVM / cs

19
20
21 APPROVED AS TO FORM:
22
23 1

24 A‘

.2 x4’ 111.1." 4 AW
' . .1 es M. Buw, Attorney for Settlemier
PAGE 3-—-STIPULATION AND ORDERwKENNETH RICHARD SETTLEMIER