1 BEFORE THE TEACHER STANDARDS AND PRACYHCES COMMISSION

2 OF THE STATE OF OREGON

3

4 in the Matter of the ) STIPULATION OF FACTS

5 Adminish'ative License of .- ) PUBLIC REPRIMAND AND

6 GARY R. HOLMBERG - ) ORDER OF PROBATION

7 1

8

9 On or about June 10. 1996, the Teacher Standards and Practices Commission
1O received irii'omiafionvfi'om the Allen P. C. B Clipping Service indicating that Gary
11 Holmberg, Superintendent of North Marion School District, was charged with semial
12 harassment of a female employee of the district. An investigation was initiated
13 following an mit-ef-eourt settlement of the complaint against the district. Based upon
14 the report, the Commission concluded that there was suicient evidence of violation
15 of Standards for Competent and Ethical Performance of Oregon Educators to warrant
16 a hearing and notified Mr. Holmberg oi‘ the findings and an oppommity for hearing on
17 the allegations. Mr. Holmberg and the Commission have determined that the
18 interests of both parties are best served by a stipulation to the facts with the
19 understanding that the Commission shall adopt an Order of Public Reprimand end
20 Probafion. In entering into this stipulation Mr. Holmberg waives his right to s -
21 hearing. Holmberg does not edmit that he violated any professional standards.
22 However. he wees and sfipulstes that substantial evidence, as that term is used
23 under ORS BSA-82(8), eldstl in the reoord to support the following Findings of Fact
24 by the Commission:

i 25
26 FINDINGS or FACT
27
28 1. Gary R. Holmherg holds an Oregon Standard Administrative License endorsed
29 for superintendent and valid from November 22, 1995 to January 25, 2001.
30
31 2. Holmberg was employed as superintendent of North Marion School District in
32 Aurora, Oregon. from July 1993 until his resignation from the position in July
33 1996.
34 .,
35 3. While employed as Supmintendent of North Marion School District, Holmberg .
36 violsted OAR 584-20-040(4)(l) by making comments to three female stafl' of the
37 district. Judith Gaecho. lori Wells and Sandra McLaren) which created an
38 offensive work environment because of their personal and sexual nature.
39
l1’, i
._ ‘ PAGE l~PROPOSED S'HPULATION AND ORDER-GARY R. HOLMBERG
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1 This Sflpulsn'on and me proposed Order of Public Reprimand and Probation are

2 contingent upon approval of the full Commission at the Commission's next meeting.

3 if the Commission does not approve this Stipulation, the matter will be returned for

4 hearing and neither Holmberg nor the Commission shall be bound by any matters in '

5 this stipulation. The parties acknowledge that upon execution of the Stipulsfion the

6 Commission will enter into an Order issuing s. Public Reprlmsnd to Gary R. Holmberg,

7 and placing him on Probation. Conditions for the period of probation are set forth in

B the Order below. .

9 _ .v
10 1'1‘ IS SO STIPULATED:
1 1
1 2

13 ' '
14 W 2r; c, { .
15 Gary R. lmberg D

1o 3
1 7 I
1 8 ‘ 1
19 7 / 451/? F i
20 David V. Myton, Execun've Director Date
21 Teacher Standards and Practices Commission
22

‘ 23 ULTIMATE FINDINGS OF FACT AND CONCLUSION OF MW

24

25 Gory R. Holmberg violated Oregon Standards for Competent and Ethical Performance

26 of Oregon Educators by inappropriate comments to female staff which created. an

27 ofi'ensive work environment in violation of OAR 584-020-0040 (4"1}.

28

29 ORDER

30

31 The Commission imposes a Public Reprimand on Gary R. Holmberg, and this Order

32 shall constitute the Repzimsnd and imposes a period of probation on the Standard

33 Adminisirafive License endorsed for superintendent from the date of this stipulation

34 to January 25, 2001. The probationary status is subject to the following conditions:

35 -.

36 l] Gary R. Holmberg shall conduct himself as a law abiding citizen.

37

38 2) Holmberg shall comply with the Standards for Competent and Ethical

39 Performance of Oregon Educators under OAR 584, Division 20.

4° .

41 3) Holmberg shall report to the Executive Director of the Commission any

42 employment in public or private schools for children and youth preprimazy

43 fln-ough grade l2 in Oregon or any other state or jurisdiction within 30 days of

44 beginning such employment.

45

. PAGE 2--PROPOSED STIPUIA'HON AND ORDER-{MM R. HOLMBERG
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. . .- . ‘ . . J1: . W. . ‘ i .. H

1 Holmberg shall males available to the Executive Director of the Commission
2 performance evaluations of employment in schools dun'ng the period of probation as a
3 condition for termination of the probation. Violation of any of the terms of probation .
4 shall constitute an independent basis for Commission to review Holmberg‘s fitness to j
5 serve as an educator and may constitute grounds to impose other discipline alter first .
6 providing Holmbcrg with notioe and an opportunity of hearing.
7 a
a avg” ' i
9 Dated this day of ' ~1998.

10 , ,. -. .

11 > TEACHER STANDARDS AND PRACTICES COMMISSION

1 2

1 3 '

14 l,,_/

1 5 By:

16 David V. Myton, ecutive Director .

17

18 DVM/cs

1 9

20

. PAGE 3~PROPOSED STIPULA'HON AND ORDERg-GARY R. HOLMBERG
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