1 BEFORE THE TEACIIER STANDARDS AND PRACTICES COMMISSION . 2 OF THE STATE OF OREGON 3 ln the Matter of the Teaching License of STIPULATION OF FACTS 4 RONALD GENE OSTERLOI-I i AND ORDER OF SUSPENSION 5 6 The Teacher Standards and Practices Commission (Commission) issued a notice of 7 opportunity for hearing on October 27. 2004 to Ronald Gene Osterloh. The notice was 3 subsequently amended on July l2, 2005. Mr. Osterloh requested a hearing, and the case was ; 9 assigned to Administrative Law Judge Ken L. Betterton and scheduled for hearing on December 1 1O l2, 2005. 1 1 After a review of the matters alleged, the Commission and Mr. Osterloh have agreed that 12 their respective interests, together with the public interests. are served by a stipulation to certain ‘3 facts and the suspension of Mr. Osterlohs teaching license. followed by a period of probation 14 upon reinstatement. 15 Mr. Osterloh continues to deny the allegations contained in the Amended Notice of 16 Hearing. However, he stipulates that there is sufficient evidence contained in the Commission’s 17 liles and records to support the findings of fact and conclusions of law set forth below, and he 13 understands that the Commission Will enter these findings and conclusions and impose the 19 discipline set forth in this order. 20 ln entering into this stipulation, Mr. Osterloh waives his right to a hearing and 21 understands that the Commission will suspend his teaching license for a period of 150 days. 22 This stipulation and proposed order are contingent on approval by the full Commission. If the 23 Commission does not approve this stipulation and order. it is understood that any waiver of O Page l ASTIPULATION ()F FACTS AND ORDER OF SUSPENSION-OSTERLOH '1 rights by Mr. Osterloh is therefore revoked‘ It is further understood that the statements contained 2 in this stipulation may not be used by either the Commission or Mr. Osterloh for any reason if 3 the Commission fails to approve the stipulation and proposed order. 4 It is so stipulated: . A »~ f \ ,, 5 / ' , £0. [6, [Q 5 Ronald Gene Osterloh Dat 6 " 7’ / f/ 1%4Lé :44 44 11;? '4 i retoria Cham er ain2 Executive Director‘ Date 8 Teacher Standar and Practices Commission 9 FINDINGS OF FACT 10 l. Mr. Osterloh holds a Standard Teaching License with endorsements in basic ll speech and language arts. 12 ‘ 2i Mr. Osterloh has been employed as a teacher for the Enterprise School District 3 since 1985. l4 3. In February 2004, Mr. Osterloh had inappropriate physical contact with a 17-year 15 old female exchange student who was living with Mr. Osterloh and his family. The exchange 16 student also attended Enterprise Iligh School. l7 4. The inappropriate physical conduct consisted of Mr. Osterloh giving the student a 18 massage while he was alone with the student on the living room lloor 01‘ his residence. During l9 this occasion, Mr. Osterloh rubbed the student’s back and massaged the student’s back using his 20 chin. 21 // 22 // 23 Page 2 —STIPULATION OF FACTS AND ORDER OF SUSPENSION-OSTERLOH l 5. The above conduct was alarming and offensive to the student and had the effect of .2 creating an intimidating, hostile and defensive environment which unreasonably interfered with 3 the studentls educational performance. 4 6. At a jury trial, Mr. Osterloh was found not guilty of criminal conduct relating to 5 this incident. 6 CONCLUSIONS OF LAW 7 1. Mr. Osterloh’s conduct constituted gross neglect of duty in violation of ()AR 584- 8 020-0040(4)([) and 584-020-0040(4)(0) as that rule incorporates OAR 584-020-0035(1). 9 ORDER 10 The Commission suspends the Oregon Teaching License of Ronald Gene Osterloh for a ll period of 150 days, and the suspension shall commence on the third day of November, 2005. 12 At the expiration at the period of suspension. Mr. Osterloh may apply for reinstatement of '3 his license as provided under OAR 584-050-0015, and the license shall be reinstated if Mr. l4 Osterloh meets the following conditions: 15 l . Mr. Osterloh shall, at his own expense, undergo an evaluation by a mental health 16 professional who is acceptable to the Commission. Mr. Osterloh shall provide a copy of this 17 order to the evaluator as well as a copy of the Commission's preliminary investigation report, as l8 well as any other materials that the evaluator deems appropriate. The evaluator shall submit a l9 report directly to the Commission, and the report shall address the issue of whether Mr. Osterloh 20 is fit to work with students and whether there is a strong probability that he will not engage in 21 sexually inappropriate behavior of a physical nature or verbal nature with few students in the 22 future. The evaluators report shall also contain a description of the processes, testing and 23 techniques used in the evaluation and an explanation of the evaluator’s findings. The evaluation O Page 3 -STIPULATION OF FACTS AND ORDER OF SUSPENSION-OSTERLOH l shall also contain a recommendation as to whether Mr. Osterloh should participate in any . 2 continuing treatment of counseling. 3 2. Upon reinstatement. Mr. Osterloh shall be placed on probation for a period of two 4 years subject to the following conditions: 5 1 . Mr. Osterloh shall participate in counseling or training in the area of 6 sexually inappropriate conduct and teacher-student boundaries as recommended by the evaluator. 7 2. Mr. Osterloh shall eompl y with all standards for competent and ethical 8 performance of educators under OAR 584 Division 20. 9 10 DATED this Z day of ¥., 2005. 1 1 TEACI IER STANDARDS AND PRACTICES COMMISSION l2 Victoria Chani e ' . 'xecutive Director 14 1 5 16 17 18 19 20 21 22 23 O Page 4 ASTIPULATION OF FACTS AND ORDER OF SUSPENSION-OSTERLOH