, l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' 2 OF THE STATE OF OREGON 3 In the Matter of the - ‘ Teaching License of 4 STIPULATION OF FACTS TODD FLOCCHINI, AND ORDER 5 6 The Teacher Standards and Practices Commission (Commission) proposes to suspend the 7 Oregon Teaching Certificate of Todd Flocchini (Flocchini) upon certain allegations. The parties 8 have reviewed together the matters alleged, and have agreed that their respective interests, 9 together with the public interest, are best served by stipulation to the facts set forth below and the 10 voluntary suspension of Flocchini’s certificate for one year. 11 STIPULATED FACTS 12 1. Flocchini was employed as a high school teacher with the Klamath Falls City ' 13 School district in Klamath Falls, Oregon, from approximately September I992 to November 2, l4 1998. 15 2. On or about September 4, 1998, Flocchini was placed on administrative leave from his 16 duties as a teacher with the school district based upon allegations by a student and her mother l 17 that Flocc'nini had had inappropriate physical contact with the student. 18 3. On the advice of counsel, the District reported the allegations to the Oregon State l 19 Police Department which conducted an investigation and prepared a report. The District 20 Attorney did not file criminal charges against Flocchini. 21 4. Based on the allegations, the school district also conducted an investigation after ‘ 22 which it notified F locchini by letter dated November 2, I998, that he had been reinstated to his 23 teaching position. On that same date, the school district accepted Flocchini’s resignation. The . Page 1 - STIPULATION OF FACTS AND ORDER ETD:tjh\GEN34283.DOC DepmtmentofJustiCé 1162 Court Street NE , 823372.253.” . l school district notified the Commission of Flocchini’s resignation on November 2, 1998 and 2 advised the Commission that the teacher denied any misconduct. 3 5. As a settlement in this matter, Flocchini denies the allegations but agrees that 4 there is evidence in the record for the Commission to find and the Commission does find that he 5 had inappropriate physical contact with the student on or about September l, 1998. The 6 Commission will find that the alleged activity constitutes gross neglect of duty under OAR 584- 7 OZO-OO40(4). 8 6. As a settlement in this matter, Flocchini denies the allegations but agrees there is 9 evidence in the record for the Commission to find and the Commission does find that during the 10 academic years of 1994 through 1997 he made inappropriate comments of a personal nature to a ll female student. The Commission will find that alleged activity constitutes gross neglect of duty '12 under OAR 584-020-0040(4), 13 7. Flocchini’s teaching license will be suspended for the period of one year 14 beginning on the date of the Order. 15 8. This Stipulation and Order are contingent upon approval by the full Commission 16 at the Commission’s meeting scheduled for January 2000. If the Commission does not approve l7 the Stipulation and Order, the matter shall be scheduled for hearing and Flocchini shall not l8 bound by any matter in this Proposed Stipulation. l9 lT IS SO STIPULATED; 20 \ 21 @dl £251?‘ . 1/1221qu M l / If Op Todd Fl ' '5 ' Date David Myton ate 22 Executive Secretary Teacher Standards and Practices Commission 23 Page 2 - STIPULATION 0F FACTS AND ORDER ETD:tjh\GEN34283 .DOC Department ofJustice l 162 Court Street NE Salem, OR 97310 (503) 318-6003 e i ‘ . l ORDER 2 Based upon the foregoing Stipulation, it is ordered: 3 The Teacher Standards and Practices Commission places Todd Flocchini on suspension 4 for a period of one year beginning on January / é , 2000. ya 5 IT lS SO ORDERED this [é day ofJanuary 2000. 6 7 / David V. Myton, Execut ve Director 8 i Teacher Standards and Practices Commission 9 APPROVED AS TO FORM: 10 i WW w: l 1 Elizabeth Thomson Denecke Date Assistant Attorney General o” 5 13 I a .=MQ;YIA' ll 29 /q ol Elizabet affe ‘.1’ Date l4 Bennett Hartman and Reynolds Attorney for Todd Flocchini 15 16 l7 ‘ 18 l l9 ‘ 20 ‘ 2l 22 23 Page 3 - STIPULATION OF FACTS AND ORDER ETD:tjh\GEN34283 .DOC Department ofJustice l 162 Court Street NE Salem, OR 97310 (503) 378-6003