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 Teaching License of: ) FINAL ORDER OF

g RICHARD K. FLOWERS ) SUSPENSION OF RIGHT TO APPLY

7 On or about February 23, 2006, the Teacher Standards and Practices Commission

8 (Commission) received a report indicating that Mr. Flowers may have engaged in conduct

9 constituting gross neglect of duty.
10 The Commission charged Mr. Flowers with gross neglect of duty and issued a Notice of
11 Opportunity for Hearing on January 6, 2010. After review oi the matters alleged, Mr. Flowers
12 and the Commission agree that their respective interests, together with the public interest, are
13 best served by a stipulation to certain facts and the suspension oi his right to apply for a license.
14 By signing below, Mr. Flowers acknowledges, understands, stipulates, and agrees to the
15 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
16 findings of tact, conclusions of law, and order set forth below, and fully and finally waives all
17 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
18 Order of Suspension oi Right to Apply (Stipulation and Finai Order); (ii) this Stipulation and Final
19 Order is a public document and disclosed to the public upon request by the Commission;
20 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by
21 the Commission. li the Commission does not approve and adopt this Stipulation and Final
22 Order, then neither Mr. Flowers nor the Commission are bound by the terms herein; (iv) he has
23 fully read this Stipulation and Final Order, and understands it completely; (v) he voluntarily,
24 without any force or duress, enters into this Stipulation and Final Order and consents to
25 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or
26 representation have been made to induce him to sign this Stipulation and Final Order; and (vii)
27 he has consulted with an attorney regarding this Stipulation and Final Order and has been fully

Page 1 - STIPULATION OF FACTS AND SUSPENSION OF RIGHT TO REAPPLY- FLOWERS

1 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney
2 prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated
3 Final Order below.
4 STIPULATION 0F FACTS
I 5 1. The Commission first licensed Mr. Flowers on June 26, 1989. Mr. Flowers most
6 recently held a Basic Teaching License with an endorsement in Basic Elementary/016 that was
7 valid from May 27, 2005 through May 26, 2008. Mr. Flowers has not applied to renew his
8 license and has indicated that he does not plan to return to teaching.
9 2. During all relevant times, Mr. Flowers was employed by the Three Rivers School
10 District as a first grade teacher at Ft. Vannoy Elementary School. He was a teacher with the
11 district from August 20, 1990 until May, 2006.
12 3. During the 2004-2005 and 2005-2006 school years the school administration
13 received reports that Mr. Flowers permitted female first grade students to give frontal hugs to
14 him, rub his neck, shoulders and face, and cling or hang on him during classroom reading time.
15 4. Mr. Flowers was placed on paid administrative leave on January 24, 2006, pending
16 investigation of the above referenced complaint.
f7 4. On or about May 26, 2006, Mr. Flowers took early retirement from teaching for
18 medical reasons. Mr. Flowers has been and continues to be unable to teach due to medical
t 9 issues.
20 IS ST UI7ATED AND AGREED TO:
21 2%? 2; QZQZZZ 710? 7'ng
22 Richard Kirk lowers Date .
a We» a Q ~/@
25 ictoria Ch , ecutive Director Date
26 Teadier Standards and Practices Commission
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1 CONCLUSIONS OF LAW
2 Mr. Flowers’ conduct described in paragraph 3 above constitutes gross neglect of duty
3 in violation of ons 342.175(1)(b); OAR ss4-ozooo4o(4)(n) as it incorporates 584-020-
4 0035(1)(c)(D) (honoring appropriate adult boundaries with students in conduct and
5 conversations at all times); OAR 584-020-0040(4)(n) as it incorporates OAR 584020-
6 0010(5)(use professional judgment).
7 The Commission has the authority to impose discipline in this matter under ORS
8 342.120 through 342.430 and OAR Chapter 584.
9 FINAL ORDER
10 The Commission adopts and incorporates herein the above findings of facts and
1 1 conclusions of law and hereby suspends Mr. Flowers‘ right to apply for reinstatement of his
12 Basic Teaching License for one year from the date of this order. Mr. Flowers may apply to the
13 Commission for reinstatement oi his right to apply for a license, subject to the following
1 4 conditions:
15 a. Mr. Flowers will complete boundary training by a provider subject to TSPC approval
16 and will provide proof of completion of the boundaries training as part of his petition for
1 7 reinstatement.
18 b. Mr. Flowers will provide evidence of his physical fitness to teach at the time of his
19 application for reinstatement.
20 c. Reinstatement of Nlr. Flowers’ license will be subject to TSPC approval.
21 Issued and dated and day of m, 2010.
22 TEACHER STANDARDS AND PRACTICES COMMISSION
23 STATE O GON
g; BMW’
26 ictoria Ch ain, ve Director
27
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