RECE IVE D 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSIO 2 OF THE STATE OF OREGON Teacher Standards 8, 3 In the Matter 0f the ) STIPULATION OF FACTS t .t I mm Commissim 4 Educator License of ) FINAL ORDER OF REPRIMAND 5 KEVIN DALE JOHNSON ) l i g On June 28, 2013, the Teacher Standards and Practices Commission i 8 (Commission) received a report from the Lebanon Community School District reporting ‘ 9 potential professional misconduct on the part of licensed educator, Kevin Dale Johnson i 1 O (Johnson). l 1 1 After review of the matters alleged, Johnson and the Commission agree that their , 12 respective interests, together with the public interest, are best served by a stipulation to 13 certain facts and the imposition of a public reprimand. l 14 By signing below, Johnson acknowledges, understands, stipulates, and agrees to i 15 the following: (i) he has been fully advised of his rights to notice and a hearing to contest l 16 the findings of fact, conclusions of law, and order set forth below, and fully and finally I 17 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 18 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation 19 and Final Order is a public document and disclosed to the public upon request by the i 20 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 21 approval and adoption by the Commission. If the Commission does not approve and i 22 adopt this Stipulation and Final Order, then neither Johnson nor the Commission are 23 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and i 24 understands it completely; (v) he voluntarily, without any force or duress, enters into i 25 this Stipulation and Final Order and consents to issuance and entry of the Stipulated i 26 Final Order below; (vi) he states that n0 promise or representation has been made to 27 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 28 attorney regarding this Stipulation and Final Order and has been fully advised with 29 regard to his rights thereto, 0r waives any and all rights to consult with an attorney prior 3O to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 31 Final Order below. 32 STIPULATION OF FACTS i 33 1. Kevin Dale Johnson has been licensed by the Commission since March 16, 2010. 34 J ohnson’s Initial I Teaching License, with endorsements in Physical Education (ML/ HS, 35 ECE/ELE) and Social Studies (HS), was issued on September 17, 2011, and expired on 36 March 12, 2014. Johnson also held a Transitional Administrator License, issued on May Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- KEViN DALE JOHNSON l l l l 1 14, 2010, that expired on May 14, 2013. As of this date Johnson has not made application 2 for renewal of his licenses. During all relevant times, Johnson was employed by the 3 Lebanon Community School District. 4 2. On June 28, 2013, the Commission received a report from the Superintendent of the 5 Lebanon Community School District indicating Johnson may have violated professional 6 standards. Investigation determined that two student athletes and two parents of 7 student-athletes of the district had filed formal complaints to the school district about 8 J ohnson’s coaching methods. Commission investigation determined, and confirmed by 9 Johnson, in which hc also confirmed that he had apologized to the team players and 1O parents for the use of profanity; that during J ohnson’s basketball coaching tenure at 1 1 Lebanon High School (2010-2013), Johnson used profanity in the presence of students 12 while coaching. 1 3 14 IT IS SO STIPULATED: / 1 5 v . 16 ' has‘ é. ; loll'ii'fl 17 Ke/vin l a, / Date 18 W I M) ' 19 ‘ [I n/l/Z/l // . 11/474 / 03/ (i? 20 ictoria Cha '"lne lain, Executive Director Date 21 Teacher Standards and Practices Commission 22 23 CONCLUSION OF LAW 24 Kevin Dale Johnson employed profanity in the presence of students while 25 coaching. This conduct constitutes gross neglect of duty in violation of ORS 26 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-0010(5) (Use . 27 professional judgment), OAR 584-020-oo3o(2)(b) (Skill in communicating with l 28 administrators, students, stafl‘, parents, and other patrons); and OAR 584-020- 29 oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D) (The ethical educator, in l 30 fulfilling obligations to the student, will: Maintain an appropriate professional student- 31 teacher relationship by: Honoring appropriate adult boundaries with students in 32 conduct and conversations at all times). Page 2 STIPULATION 0F FACTS AND FINAL ORDER OF REPRIMAND- KEVIN DALE JOHNSON 1 The Commission’s authority to impose discipline in this matter is based upon 2 ORS 342.175. 3 ORDER 4 Based on the foregoing, the Commission hereby orders as follows: 5 1. The Commission adopts and incorporates herein the above findings of fact and 6 conclusions of law, and based thereon, imposes a Public Reprimand on Kevin 7 Dale J ohnson’s Educat License. 8 Issued and dated this fi day of November, 2014. 9 10 TEACHER STANDARDS AND PRACTICES COMMISSION 1 1 STATE OF GON 1 3 By A i 14 ictoria Chain erl ' xecutive Director Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND» KEVIN DALE JOHNSON I CERTIFICATE OF MAILING ' I I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand, I certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Kevin Dale Johnson 2673 NW 5th Street Newcastle, OK 73065-5510 . DATED this £21 “l; day 0f November, 2014. I a I By: ' P Liddell Investigative Assistant CERTIFICATE OF MAILING — JOHNSON, KEVIN DALE