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 SUSPENSION

5 STEPHEN C. SINCERNY ) AND PROBATION

6 On or about July 13, 2015, the Teacher Standards and Practices Commission

7 (Commission) received a report from the Phoenix-Talent School District indicating that licensed

8 educator Stephen Sincerny (Sincerny) may have violated professional standards.

9 Sincerny cooperated with the Commission's investigation in this matter. After review of
1O the matters alleged, Sincerny and the Commission agree that their respective interests, together
1 1 with the public interest, are best served by a stipulation to certain facts, the imposition of a sixty
12 (60) day suspension of Sincerny’s Oregon educator license, and a two (2) year period of
13 probation.

14 This document sets forth the facts upon which the parties have agreed and the stipulated
15 sanction to be imposed. Sincerny stipulates that there is sufficient evidence in the Commission’s
16 files and records to support the findings of fact, conclusions of law, and order set forth below.
17 By signing below, Sincerny acknowledges, understands, stipulates, and agrees to the
18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
21 Order of Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final
22 Order is a public document and disclosed to the public upon request by the Commission; (iii)
23 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the
24 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
25 then neither Sincerny nor the Commission are bound by the terms herein; (iv) he has fully read
26 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any
27 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry
28 of the Stipulated Final Order below; (vi) he states that no promises or representation has been
29 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
30 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his
31 rights thereto, or waives any and all rights to consult with an attorney prior t0 entering into this
32 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION —
STEPHEN C. SINCERNY

1 STIPULATION OF FACTS
2 1) The Commission has licensed Sincerny since April 8, 1988. Sincerny currently holds a
3 Professional Teaching License, with endorsements in Elementary-Multiple Subjects, Career
4 Trades Generalist, and Foundational Science; valid from November 16, 2015, through
5 November 15, 2018. During all relevant times, Sincerny was employed by the Phoenix-Talent
6 School District.
7 2) On July 13, 2015, the Commission received information alleging that Stephen C. Sincerny,
8 teacher, Talent Middle School, Phoenix-Talent School District failed to notice students
9 engaging in inappropriate and dangerous behavior in his classroom. Investigation
10 determined that on May 15, 2015, four male middle school students all participated in
1 1 choking each other to the point of unconsciousness. The involved students took turns
12 placing their arm around another student’s neck and squeezing until they passed out. After
13 reviving the unconscious student, the involved students traded positions and repeated the
14 process. The involved students recorded the events on their cell phones. The choking
15 incident took place at classroom tables while regular classroom activities were underway.
16 Sincerny told investigators he may have been busy assisting other students and had failed to
17 observe the dangerous behavior. On May 22, 2015, Sincerny resigned his employment with
18 the Phoenix-Talent School District.
1 9
20 IT IS‘ STIPULATED: _
21 @ Q. QM? Ills/[9.017
22 Stephen C Sincern Date
23 M IZZ I; Z 1v! 7
24 Trent Danowski, Co-Interim Executive Director Date
25 Teacher Standards and Practices Commission
26
27 CONCLUSIONS OF LAW
28 Stephen Sincerny’s conduct as described in above constitutes gross neglect 0f duty in
29 violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-
3O 0010(5) (Use professional judgment), OAR 584-020-0020(2)(d) (Skill in the supervision of
31 students), and OAR 584-020-0025(2)(a) (Establishing and maintaining classroom
32 management that is conducive to learning).
33
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION —
STEPHEN C. SINCERNY

1 The Commission’s authority to impose discipline in this matter is based upon ORS

2 342.175.

3 ORDER

4 The Commission hereby adopts and incorporates herein the above stipulation of facts,

5 conclusions of law, and based thereon hereby imposes a sixty (6o) day suspension upon

6 Sincerny’s Oregon educator license as follows:

7 Stephen Sincerny’s Oregon educator license is suspended for sixty (60) days following

8 the adoption of this order.

9 Furthermore, the Commission imposes a two (2) year period 0f probation upon Sincerny
1O to commence upon reinstatement of his Oregon educator license and subject to the following
1 1 terms and conditions of probation:

12 1. Sincerny shall comply with the Standards for Competent and Ethical
13 Performance of Oregon Educators under Oregon Administrative Rules Chapter
14 584, Division 020.
15 Violation of any term or condition of probation shall constitute an independent basis for the
16 Commission to revoke Sincerny’s Oregon educator license or otherwise impose discipline, after
17 first providing Sincerny with notice and opportunity for hearing
1 8
1 9
20 IT IS SO ORDERED this l day of January, 2018.
21 TEACHER STANDARDS AND PRACTICES COMMISSION
22 v’
23 By:
24 I r. Anthony Rosilez, Exec 'yexDirec .r
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION -
STEPHEN C. SINCERNY

CERTIFICATE OF MAILING

I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension
and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail —
Return Receipt Requested, addressed to:

Stephen C. Sincerny

790 Liberty St

Ashland, OR 97520-3139
DATED this Q 5% day of January, 2018. -
By:

Sheldon
Investigative Assistant

Certificate of Mailing — Stephen C. Sincerny
Data Classification Level: 2 i Limited
DO: Sheldon