1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS AND
4 Educator License of ) FINAL ORDER OF REPRIMAN D
5 TIMOTHY M O’DONNELL ) AND PROBATION
i g On March 10, 2014, the Commission received a report from the Sweet home
i 8 School District indicating that Timothy M O’Donnell (0’Donnell) may have violated
9 professional standards and local policy when he was arrested for crimes related to a
10 confrontation that took place at the Oregon Department of Forestry. On March 27, 2014,
1 1 March 28, 2014, and May 31, 2014, the Commission received additional district reports
12 and patron complaints regarding O’Donnell, in which all allege O’Donnell had violated
13 professional standards and local policy for a variety of reasons described in more detail
14 below.
15 After review of the matters alleged, O’Donnell and the Commission agree that
16 their respective interests, together with the public interest, are best served by a
17 stipulation to certain facts, the imposition of a public reprimand, and a period of
1 8 probation.
19 By signing below, O’Donnell acknowledges, understands, stipulates, and agrees to
20 the following: (i) he has been fully advised of his rights to notice and a hearing to contest
21 the findings of fact, conclusions of law, and order set forth below, and fully and finally
22 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
23 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii)
24 this Stipulation and Final Order is a public document and disclosed to the public upon
25 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
26 subject to approval and adoption by the Commission. If the Commission does not
27 approve and adopt this Stipulation and Final Order, then neither O’Donnell nor the
28 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and
29 Final Order, and understands it completely; (v) he voluntarily, without any force or
30 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
31 the Stipulated Final Order below; (vi) he states that no promise or representation has
32 been made to induce him to sign this Stipulation and Final Order; and (vii) he has
33 consulted with an attorney regarding this Stipulation and Final Order and has been fully
34 advised with regard to his rights thereto, or waives any and all rights to consult with an
35 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
36 the Stipulated Final Order below. 1
Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- TIMOTHY M
O'DONNELL

1 STIPULATION OF FACTS
2 1. Timothy M O’D0nnell has been licensed by the Commission since September 11, 1989.
3 O’Donnell’s Standard Teaching License. with endorsements in Basic Physical Education
4 (018) and Standard Health Education (018), is valid from February 12, 2014, through
5 February 21, 2019, During all relevant times, O’Donnell was employed by the Sweet
6 Home School District.
7 2. Between March 10, 2014, and May 31, 2015, the Commission received information from
8 both district patrons and the Sweet Home School District indicating O’Donnell may have
9 committed acts which constitute gross neglect of duty. Commission and District
1O investigations determined the following conduct:
11 a. On March 10, 2014, the Sweet Home School District reported that on March 5,
12 2014, O’Donnell had been criminally charged and arrested related to O’Donnell’s
13 conduct in a confrontation at the Oregon Department of Forestry. On April 4,
14 2014, O'Donnell plead guilty t0 one count ofDisorderly Conduct (Class B
15 Misdemeanor). On March 28, 2014, the Commission received a patron complaint
16 against O’Donnell regarding the same incident. The patron complained that in
17 addition to O’Donnell’s conduct described above, O’Donnell’s conduct had
18 caused some employees to fear possible future violence.
19 b. On March 27, 2014, the Commission received a report from the school district
20 indicating that O’Donnell had pushed a student into the school swimming pool.
21 The involved student was claiming physical injury as a result and local police
22 were investigating a possible charge of Harassment. Investigation determined
23 that O'Donnell did deliberately push the student into the pool, but there was no I
24 evidence of any injuries. O’Donnell was issued a citation for Harassment for his 1
25 conduct. On April 16, 2015, the criminal harassment charge was dismissed by the
26 courts when O’Donnell completed a voluntary anger management class. The
27 Sweet Home School District issued O’Donnell a letter of reprimand and a three
28 day suspension without pay for his conduct.
29 c. On May 31, 2015, the Commission received a report from the Sweet Home School
3O District for inappropriate touching of a student when attempting to redirect her
31 behavior. Investigation determined that a female student complained to school
32 officials that O’D0nnell had physically grabbed the student’s arm and pushed her
I 33 shoulder when she had refused to comply with O’Donnell’s request to stop
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- TIMOTHY M
O'DONNELL

1 touching another student. O’Donnell denied the allegation, stating while he may
2 have touched the student, he did not push or grab the student. Based on this and
3 past related complaints and a prior directive to not touch students, school
4 officials recommended dismissal of O’D0nncll. O’Donnell resigned in lieu of non-
5 renewal in the fall of 2015.
6
7 PULATED: 1 l
8 \ .
9 u 0 / /(fl
1O Timothy M O’ onnell Da e
1 1 ‘
12 flM M Z [Ii/[19
13 Monica Beane, Executive Director Date
14 Teacher Standards and Practices Commission
15 CONCLUSION 0F LAW
16 Timothy M O’Donnell’s conduct described above constitutes gross neglect of duty
17 in violation ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
18 020-001o(1) (Recognize the worth and dignity of all persons and respect for each
19 individual), OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-
20 0020(2)(d) (Skill in the supervision of students), OAR 584-020-0025(2)(e) (Using
21 district lawful and reasonable rules and regulations), OAR 584-020-0030(2)(b) (Skill
22 in communicating with administrators, students, staff, parents, and other patrons);
23 and OAR 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(3)(a) (Maintain
24 the dignity of the profession by respecting and obeying the law, exemplifying personal
25 integrity and honesty).
26 The Commission’s authority to impose discipline in this matter is based upon
27 ORS 342.175.
28 / / /
29 / / /
30 / / /
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- TIMOTHY M
O'DONNELL

1 / / /
2 ORDER
3 The Commission adopts and incorporates herein the above findings of fact and
4 conclusions of law, and based thereon, imposes a Public Reprimand on Timothy M
5 O’Donnell’s Teaching License.
6 Furthermore, the Commission imposes a period of three (3) years of probation
7 upon O’Donnell to commence from the date this order is signed by the Commission and
8 subject to the following conditions:
9 1. O’Donnell shall comply with the Standards for Competent and Ethical
1O Performance of Oregon Educators under Oregon Administrative Rules Chapter
11 584, Division 020.
1 2
13 Issued and dated this fi day of M, 20L.
14 TEACHER STANDARDS AND PRACTICES COMMISSION
15 STATE OF OREGON
16 '
1 7 By :22 2 W M
18 Monica Beane, Executive Director
Page 4 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- TIMOTHY M
O'DONNELL
4—_—_———_—

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand and
Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return
Receipt Requested, addressed to:
Timothy M. O’Donnell
PO Box 1472
Newport, OR 97365
DATED this thhféday of November, 2016.
By:
Pa heldon
Investigative Assistant
Certificate of Mailing — Timothy M. O’Donnell
Data Classification Level: I- Published
D0: Sheldon