s 'r _" M Ft E C E a v l: D 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSIOIé PR 1 1 2016 2 0F THE STATE OF OREGON germ Smart’? a» 1 ract'ces Commzssior 3 In the Matter 0f the ) STIPULATION OF FACTS AND FINAL 4 Educator License of ) ORDER OF SURRENDER AND 5 SEAN MICHAEL BURKE ) REVOCATION OF 6 ) LICENSURE 7 8 9 On December 18, 2015, the Teacher Standards and Practices Commission (Commission) 1O received a report from the McMinnville School District alleging that licensed educator, Sean 1 1 Michael Burke (Burke), had committed acts of unprofessional conduct. The report alleged that 12 Burke had a physical relationship with a student during his first year of teaching at McMinnville 13 High School approximately 2o years ago. On January 14, 2016, the Commission received a 14 related patron complaint from RC. RC advised that she was the victim of sexual abuse by Burke 15 when she attended McMinnville High School on or about the 1994 — 1995 school year and 16 related summer break. Investigation determined that both the report and the complaint were 17 about the same conduct and the patron had filed a similar complaint with the school district, the 18 Department of Human Services (DHS), and law enforcement. Both the school district report and 19 the patron complaint will be addressed in this Stipulation and Final Order. 20 After review of the matters alleged, Burke and the Commission agree that their 21 respective interests, together with the public interest, are best served by a stipulation to certain 22 facts and the surrender and revocation of Burke’s Oregon educator License. 23 By signing below, Burke acknowledges, understands, stipulates, and agrees to the 24 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 25 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 26 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 27 Order of Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this 28 Stipulation and Final Order is a public document and disclosed to the public upon request by the 29 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval Page 1 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION — SEAN MICHAEL BURKE 1 and adoption by the Commission. If the Commission does not approve and adopt this 2 Stipulation and Final Order, then neither Burke nor the Commission are bound by the terms 3 herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) 4 he voluntarily, without any force or duress, enters into this Stipulation and Final Order and 5 consents to issuance and entry 0f the Stipulated Final Order below; (vi) he states that no 6 promises or representation has been made to induce him to sign this Stipulation and Final 7 Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order 8 and has been fully advised with regard to his rights thereto, or waives any and all rights to 9 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 1O entry of the Stipulated Final Order below. 1 1 This Order sets forth the facts upon which the parties have agreed and the sanction to be 12 imposed. Burke stipulates that there are sufficient facts contained in the Commission’s files and 13 records to support the findings of fact and conclusions of law set forth below. In entering into 14 this stipulation, Burke waives the right to a hearing to contest the findings of fact, conclusions of 1 5 law and order set forth below. 16 STIPULATION OF FACTS 17 1. The Commission has licensed Burke since May 18, 1994. Burke holds a Continuing 18 Administrator License with an endorsement in Administrator (ALL LVL), valid 19 September 7, 2012, through December 20, 2017. Burke previously held a Standard 20 Teaching License with an endorsement in Standard Social Studies (020), valid from 21 December 21, 2007, through December 2o, 2012. During all relevant times, Burke was 22 employed by the McMinnville School District. 23 2. On December 18, 2015, the Commission received a report from the McMinnville School . 24 District alleging Burke may have violated standards for licensed educators. The district 25 reported that Burke allegedly had a physical relationship with a minor aged student (RC) 26 while teaching at McMinnville High School approximately 20 years ago. On December 7, Page 2 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION — SEAN MICHAEL BURKE 1 2015, Burke was placed on administrative leave while the district conducted its 2 investigation. 3 3. During the District investigation, Burke acknowledged that he had an overly personal 4 and inappropriate relationship with RC during the 1993-1994 school year, his first year 5 of teaching. This included sharing personal information with RC, calling her on the 6 phone, spending time alone with her and telling RC that he loved her. Burke denied that 7 their relationship was ever sexual. There are no other known allegations or suggestions 8 of similar inappropriate conduct that have been made against Burke, either before or 9 i after this allegation became public. Burke resigned his employment on December 22, 1 0 2015. 1 1 The Commission’s investigation determined that on or about December 2015, RC reported 12 the inappropriate relationship between her and Burke to her local law enforcement agency in 1 3 California, traveled upon request to Oregon to report and be interviewed by McMinnville law 14 enforcement, school district officials, and DHS as needed. RC reported that during the 15 1994-95 school year Burke took special interest in RC, checking in with her regularly and 16 meeting after class to talk. RC described Burke as a fatherly or big brother figure helping her 17 with her depression and grief. RC reported that in the spring of 1995, the relationship 18 turned sexual. According to RC, Burke had sexual intercourse at Burke’s house repeatedly 19 and also touched her sexually in his classroom. RC reported that Burke visited in her 20 California after school was out, rented a hotel room and had sexual intercourse at that time. 21 RC provided copies of several notes and photos that she had kept that supported her 22 description of the relationship. 23 / / / 24 / / / 25 / / / 26 / / / Page 3 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION — SEAN MICHAEL BURKE 1 IT IS SO STIPULATED: 2 £4 ‘ ‘1- 1~ 12 3 Sea "if?!" ‘T’? / ‘ Date 4 {71'7'i / IMO Zea/é 5 1ctoria C a nerlain, Executive Director Date 6 Teacher Standards and Practices Commission 7 CONCLUSION OF LAW 8 Sean Michael Burke engaged in unprofessional conduct as described in section two (2) 9 and three (3) above. This conduct constitutes Gross Neglect of Duty in violation of ORS 10 342.143(2); ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020- 1 1 0010(5) (Use professional judgment); OAR 584-020-0040(4)(o) as is incorporates OAR 584- 12 o2o-oo35(1)(b)(Refrainfi'om exploiting professional relationships with any student for 13 personal gain, or in support of persons or issues), OAR 584-020-0035(1)(c)(A)(Not 14 demonstrating or expressing professionally inappropriate interest in a student's personal life), 15 OAR 584-02o-0035(1)(c)(B)(Not accepting or giving or exchanging romantic or overly 16 personal gifts 0r notes with a student), OAR 584-02o-oo35(1)(c)(D)(Hon0ring appropriate 17 adult boundaries with students in conduct and conversation at all times), OAR 584-020- 18 0035(3)(a)(Maintain the dignity of the profession by respecting and obeying the law, 19 exemplifying personal integrity and honesty); and OAR 584-020-0040(4)(f) (Any sexual 20 conduct with a student). The Commission may rely on the definitions of sexual conduct in ORS 21 339.370(9) and OAR 584-020-ooo5(5). Burke’s conduct establishes that he does not possess 22 good moral character or mental and physical fitness as required to hold a license under ORS 23 3424435)- 24 25 The Commission’s authority to impose discipline in this matter is based upon ORS 26 342.175. 27 ORDER Page 4 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION — SEAN MICHAEL BURKE 1 The Commission adopts the above Stipulation of Facts, accepts the licensure surrender 2 and revokes all Oregon educator licenses of Sean Michael Burke. 3 IT IS so ORDERED this ALI“ day 0%, 207/2 4 TEACHER STANDARDS AND PRACTICES COMMISSION 6 By: M 7 1ctoria Cham a ecutive Director Page 5 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION — I SEAN MICHAEL BURKE ‘ ———_—_—_—_— CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Surrender and Revocation of Licensure, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Sean Michael Burke 10520 SE Westland LN Dayton, OR 97114-8042 DATED this /3 (Tay of April, 2016. By: ~ atty Sheldon Investigative Assistant I Certificate of Mailing — Sean Michael Burke Data Classification Level: l- Published DO: Sheldon