t
1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION a w c3 é
2 OF THE STATE OF OREGON :‘Z é ‘1%; é
3 In the Matter of the ) STIPULATION OF FACTS AND LU Z Q E
4 Educator License of ) FINAL ORDER OF SUSPENSION U Z ‘g 5:;
5 RONALD LEE BURKHART ) AND PROBATION LU E g
6 On or about July 10, 2014, the Teacher Standards and Practices Commission (Commgm)
7 received a report from the Superintendent of the Salem-Keizer School District indicating that Ronald
8 Lee Burkhart (Burkhart) violated professional standards and local policy by failing to report for duty
9 and misuse of sick time.
1O Burkhart fully cooperated with the Commission's investigation in this matter. After review of
1 1 the matters alleged, Burkhart and the Commission agree that their respective interests, together with
12 the public interest, are best served by a stipulation to certain facts, the imposition of a thirty (30) day
13 suspension of Burkhart’s Oregon educator license and four years of probation to commence upon
14 reinstatement of Burkhart’s Oregon educator license.
15 This document sets forth the facts upon which the parties have agreed and the stipulated t
16 sanction to be imposed. Burkhart stipulates that there is sufficient evidence in the Commission’s files
17 and records to support the findings of fact, conclusions of law, and order set forth below.
18 By signing below, Burkhart acknowledges, understands, stipulates, and agrees to the following:
19 (i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact,
20 conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights
21 to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and
22 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and
23 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is
24 contingent upon and subject to approval and adoption by the Commission. If the Commission does
25 not approve and adopt this Stipulation and Final Order, then neither Burkhart nor the Commission
26 are bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands
27 it completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final I
28 Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no
Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- RONALD LEE
B U R KHART
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1 promises or representation has been made to induce him to sign this Stipulation and Final Order; and
2 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully
3 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior
4 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order
5 below.
6 STIPULATION OF FACI' S
7 1) The Commission has licensed Burkhart since September 23, 1992. Burkhart holds a Basic
8 Teaching License with an endorsement in Basic Language Arts (027), valid from June 18, 2013,
9 through June 17, 2016. During all relevantltimes, Burkhart was employed by the Salem-Keizer
1 O School District.
1 1 2) Investigation determined that on or about October 9, 2013, Burkhart was directed by district
12 officials not to use any paid leave to travel to, or engage in, work for other employment.
13 Furthermore, Burkhart was directed to report to his physical work location each work day and
14 reminded that he was not approved to take any paid leave to umpire college softball. Records
1 5 indicate that on May 22, 2014, and May 23, 2014, Burkhart used sick time (paid leave) to travel to
16 and perform the services of umpiring a college softball game. On June 9, 2014, the Salem-Keizer
17 School District issued Burkhart a “Letter 0f Reprimand” for misuse of sick time and
1 8 insubordination. The letter of reprimand reiterated the aforementioned requirements and
1 9 conditions.
20 3) On or about February 6, 2015, and February 27, 2015, Burkhart umpired college softball games out
21 of state. School district records indicate that Burkhart called in sick on both those dates, in direct
22 violation of district directives, policy and the June 9, 2014, reprimand. As a result, Burkhart
23 elected to resign his full time employment with Salem-Keizer, and instead began to provide them
24 substitute teaching services.
25 / / /
26 / / /
27 / / /
28 / / /
EgieKfi-{Asll-‘I'PULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- RONALD LEE
. 2 .

1 / / /
2 IT IS SO STIPULATED:
3 W L” A h Z [Slum
4 Ronald urkha Date '
5 M {Hf 7?
6 Victoria Chambe ain, Executive Director Date
7 Teacher Standards and Practices Commission
8 CONCLUSIONS OF LAW
9 The above described conduct that Ronald Lee Burkhart engaged in constitutes gross neglect of
10 duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-
1 1 0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and
12 reasonable rules and regulations); OAR 584-020-0040(4)(b) (Substantial unauthorized use of
1 3 employment time or school resources for private purposes); and OAR 584-020-004o(4)(c)
14 (Falsification of any document or knowing misrepresentation directly related to licensure,
15 employment, or professional duties).
16 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
1 7 ORDER
18 The Commission hereby adopts and incorporates herein the above stipulation of facts,
19 conclusions of law, and based thereon hereby imposes a thirty (3o) day suspension upon Burkhart’s
20 Oregon educator license as follows:
21 Ronald Lee Burkhart’s Educator License is hereby suspended for thirty (30) days following the
22 adoption of this order.
23 Furthermore, the Commission imposes four (4) years of probation upon Burkhart to
24 commence upon reinstatement of his license and subject to the following terms and conditions of
25 probation:
26 1. Burkhart shall comply with the Standards for Competent and Ethical Performance of
27 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
28
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- RONALD LEE
BURKHART
'4——_————

1 Violation of any term or condition of probation shall constitute an independent basis for the
2 Commission t0 revoke Burkhart’s educator license or otherwise impose discipline, after first providing
3 Burkhart with notice and opportunity for hearing.
4 pl/
5 06kt g E
6 IT IS SO ORDERED this day of , 2c/ .
7 TEACHER STANDARDS AND PRACTICES COMMISSION
8 ' (
9 By: MM/flflt)
1O Victoria Chamber ain, xecutive Director
Page 4 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- RONALD LEE
BURKHART
. .——_———_t

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 US. First Class Mail and U.S. Certified Mail —
Return Receipt Requested, addressed to:
Ronald Lee Burkhart
148 Walnut St
Independence, Or 97351
DATED this I ‘In: day ofJuly, 2016.
Patt heldon
Investigative Assistant
Certificate of Mailing — RONALD LEE BURKHART
Data Classification Level: I 2 Published
DO: Sheldon
7 4i