1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) DEFAULT ORDER OF

5 Educator License of ) REVOCATION OF

6 KENNETH NORMAN GARDNER ) OF RIGHT TO APPLY

7

8 On January 6, 2014, the Teacher Standards and Practices Commission

9 (Commission) issued a Notice of Opportunity for Hearing to Kenneth Norman Gardner
10 (Gardner) in which the Commission charged him with Gross Neglect of Duty. The
l1 Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7012 1010 0003
12 2804 2445 to the address on file with the Commission. The certified mail receipt was
13 returned t0 the Commission on January 10, 2014, signed as received on January 8,
14 2014. The Notice designated the Commission file as the record for purposes of proving a
15 prima facie case. The Notice 0f Opportunity of Hearing, dated January 6, 2014, and
16 signed by Victoria Chamberlain, Executive Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
24
25 Gardner did not request a hearing. The Commission, therefore, finds Gardner to be in
26 default and enters the following findings of fact, conclusions of law, and final order,
2'7 based 0n the files and records of the Commission concerning this matter.
28 FINDINGS OF FACI‘
29 1. Gardner been licensed as a teacher in Oregon since December 14, 1993. Gardner
30 previously held a Limited Teaching License, issued August 14, 2009, with an
31 endorsement in ROTC (PP-12), which expired on September 13, 2012. Gardner did
32 not make application for renewal of his license. During all relevant times, Gardner
33 was employed by the Klamath County School District.
34 2. On May 5, 2013, Gardner plead guilty to the crimes: Luring a minor, ORS 167.057, a class C
35 felony, and Sexual abuse in the second degree, ORS 163.425, a class C felony. Both of these
36 crimes are listed in ORS 342.143 and OAR 584-020-oo4o(1) for mandatory revocation of

PAGE 1—DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - GARDNER, KENNETH NORMAN

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1 licensure or right to apply for licensure. Gardner was sentenced to 24 months of
2 incarceration, 36 months of probation and must register as a sex offender.
3
4 3. Gardner’s conviction arose from allegations from the Klamath County School District,
5 reported to the Commission on March 23, 2012, indicating Gardner had committed acts of
6 unprofessional conduct. Investigations by the Commission, the school district, and local law
7 enforcement identified the following unprofessional conduct on the part of Gardner:
8 a. Gardner failed to maintain professional boundaries with student KM. Gardner
9 ingratiated himself to student KM and her family, providing special attention to
10 KM, providing rides to and from school, provided meals, met with KM alone to
11 work on ROTC projects, and became trusted by KM and her family as a father
12 figure.
13 b. After establishing the trust of KM and her family, Gardner’s behavior changed.
14 On March 21, 2012, KM’s mother discovered inappropriate text messages from
15 Gardner to KM on KM’s cell phone. In one message Gardner wrote, “Holding u
16 want u 2feel loved Want to caress”. When questioned about the text messages,
17 KM provided the following information:
18 ~ Gardner began hugging KM differently, giving full frontal hugs rather than
19 side hugs.
20 ~ In February 2012, while attending a shooting match in Ohio, Gardner
21 touched KM in a sexual way, rubbing her leg and crotch area.
22 o Soon after returning from Ohio, while Gardner and KM were alone in the
23 school gym, Gardner rubbed KM’s shoulders, then placed his hands under
24 KM’s clothing and touched her vagina. Gardner continued to rub KM’s
25 vagina and inserted his finger into her vagina.
26 0 On 0r about March 13, 2012, Gardner again fondled KM in a manner
27 consistent with the description above. Gardner also took KM’s hand and
28 placed it on his penis, outside of Gardner’s clothing and told KM he wanted
29 her to “Jack him off’. Gardner did not get an erection, and told KM that “he
30 liked it and were sorry." Gardner stopped removing his belt and told KM that
31 they should both get back to work.
PAGE 2-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - GARDNER, KENNETH NORMAN

1 o Gardner text messaged and conversed with KM inappropriately, discussing

2 her relationship with her boyfriend. Gardner asked KM what sexual

3 experiences she had with her boy friend. KM told Gardner she had given him

4 a “blow job” and Gardner replied, “He liked that.”

5 ~ When interviewed by law enforcement, Gardner confessed that he had sexually

6 abused KM.

7

8 CONCLUSIONS OF LAW

9 Gardner’s convictions for Luring a minor and Sexual Abuse in the second degree,
10 as described in section two (2) above constitutes gross neglect of duty in violation of
1 l ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(5)
12 (Use professional judgment), OAR 584-020-0040(1)(n) (The Commission will deny,
13 revoke or deny the right to apply for a license or charter school registration to any
14 applicant or educator who, has been convicted of any 0f the crimes listed in ORS
15 342.143; specifically ORS 163.425 (Sexual Abuse in the Second Degree); and OAR 584-
16 020-0040(1)(oo) (The Commission will deny, revoke or deny the right to apply for a
17 license or charter school registration t0 any applicant or educator who, has been
18 convicted of any of the crimes listed in ORS 342.143; specifically ORS 167.057 (Luring
19 a Minor) . This conduct also constitutes gross unfitness in violation of ORS
20 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or
21 local law. A conviction includes any final judgment of conviction by a court whether as
22 the result of guilty plea, no contest plea or any other means), specifically ORS 163.425
23 (Sexual Abuse in the Second Degree) and ORS 167.057 (Luring a Minor). Your conduct
24 that resulted in the criminal conviction also constitutes gross unfitness in violation 0f
25 ORS 342.175(1)(c); OAR 584-020-0040(5)(e) (Admission of or engaging in acts
26 constituting criminal conduct, even in the absence of a conviction), specifically ORS
27 163.425 (Sexual Abuse in the Second Degree) and ORS 167.057 (Luring a Minor).
28 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards
29 and Practices Commission must revoke Gardner’s license and/ or Gardner’s right to
30 apply for a license based on Gardner’s conviction of any of the crimes listed in ORS
31 342-143(3)(a)~

PAGE 3-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - GARDNER, KENNETH NORMAN

1 Gardner’s conduct underlying his indictments and convictions as described in
2 section three (3) above, 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(1)
4 (Recognize the worth and dignity of all persons and respect for each individual), OAR
5 584-020-0010(5) ( Use professional judgment) ; OAR 584-o2o-oo4o(4)(o) as it
6 incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries
7 with students in conduct and conversations at all times); and OAR 584-020-0040(4)(f)
8 (Any sexual conduct with a student) as that term is defined by ORS 339.370(9) and
9 OAR 584-020-ooo5(5).
10
11 The Commission’s authority t0 impose discipline in this matter is based upon ORS
12 342.175.
13
l4 FINAL ORDER
15 The Commission hereby revokes Kenneth Norman Gardner’s right to apply for a
16 teaching license.
l7 IT IS SO ORDERED THIS @flday of March, 2014.
18 TEACHER STANDARDS AND PRACTICES COMMISSION
19
20
21 By: .__.___
3 22 ' Victoria Chamberlain, Executive Director
l 23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
27 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
28 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
29 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 4-DEFAULT ORDER OF REVOCATION, RIGHT TO APPLY - GARDNER, KENNETH NORMAN l
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CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of final order, certified by me as such, by
mailing U.S. First Class Mail and U.S. Certified Mail——Return Receipt Requested, addressed
to:
Kenneth Norman Gardner #19425488
C/O Warner Creek Correctional Facility
20654 Rabbit hill RD
PO Box 1500
Lakeview, OR 97630
Dated this 0% M day of March, 2014.
' . r /
By: t j , . ..
Patty: id ell
i
PAGE 1- CERTIFICATE OF MAIL]NG—GARDNER, KENNETH NORMAN
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