RECE IVE D
1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSIO JUL 3 l 2009
2 OF THE STATE OF OREGON grgécgcgrsségrmdrgirgsﬁgn
3 In the Matter of the ) STIPULATION OF FACTS
4 Teaching License of ) FINAL ORDER OF
5 GERALD C. BURNETT ) PUBLIC REPRIMAND AND PROBATION
E75 On or about June 8, 2008, the Teacher Standards and Practices Commission
8 (Commission) received a report from the Rainier School District indicating that Gerald Burnett
9 may have engaged in gross neglect of duty by assaulting a student. On March 6, 2009, the
1O Commission issued a Notice of Opportunity for Hearing charging Mr. Burnett with Gross Neglect
1 1 of Duty.
12 After review of the matters alleged, Mr. Burnett and the Commission agree that their
13 respective interests, together with the public interest, are best served by a stipulation to certain
14 facts and the imposition of a public reprimand and a two-.yearprobation period.
15 > By signing below, Mr. Burnett acknowledges, understands, stipulates, and agrees to the - ‘
16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the ,
17 findings of fact, conclusions of Iaw, and order set forth below, and fully and finally waives all
18 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, Final Order
19 of Public Reprimand (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public
20 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and _
21 Final Order is contingent upon and subject to approval and adoption by the Commission. If the
22 Commission does not approve and adopt this Stipulation and Final Order, then neither Mr. V
23 Burnett nor the Commission are bound by the terms herein; (iv) he has fully read this Stipulation
24 and Final Order, and understands it completely; (v) he voluntarily, without any force or duress,
25 enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated
26 Final Order below; (vi) he states that no promises or representation has been made to induce
27 his to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney regarding
28 this Stipulation and Final Order and has been fully advised with regard to his rights thereto, or
Page 1 STIPULATION OF FACTS ORDER OF PUBLIC REPRIMAND - BURNETT

1 waives any and all rights to consult with an attorney prior to entering into this Stipulation and

2 Final Order and issuance and entry of the Stipulated Final Order below‘

3 STIPULATION OF FACTS

4 1. The Commission has licensed Mr. Burnett since July 1, 1964. Mr. Burnett holds a Five-

5 Year Teaching License with endorsements in Secondary Education.

6 2. On June 4, 2008, Mr. Burnett believed that student SMJ was spraying a noxious and

7 potentially dangerous substance through a hole in the wall into a neighboring classroom.

8 Mr. Burnett grabbed the student and pulled him away from, and out of the, hole. Illlr,.

9 Burnett then held the student against the wall. Mr‘ Burnett tapped the student on the .
10 neck with his thumb when the student laughed about the incident. The student reported ‘
11 red marks on his cheek, neck and throat. ‘
12 3. On November 4, 2008, Mr, Burnett plead no contest to the offense of Assault IV in i
13 connection with the conduct identified in paragraph 2 and entered into a deferred
14 . sentencing agreement. ' I
15 4. The deferred sentencing agreement provides that Mr. Burnett will not hold any teaching
16 or instructor position during the 18-month duration of the agreement. Should Mr. Burnett
17 successfully complete the terms of the deferred sentencing agreement, the criminal case l
18 . will be dismissed without a conviction‘

19 '
20 lT IS SO STIPULATED:
21 f
22 “Kt $wvuk3~ Q" Egg Q1, :i“‘-'\ 73: 16°C‘
23 Gerald Burnett Date
~ﬁ/4/ %, / ,4 443/
26 ictoria Ch- 1- - 1" xecutive Director Date
27 Teacher Standards and Practices Commission ' r
28 ll/
29 Ill
Page 2 STIPULATION OF FACTS ORDER OF PUBLIC REPRIMAND - BURNETT

'1 CONCLUSION OF LAW
2 1. Mr. Burnett’s conduct described in above constitutes gross neglect of duty in
3 violation of ORS 342.175(1)(b); OAR 584-020“0040(4)(d) (Unreasonable physical
4 force against students, fellow employees, or visitors to the school, except as _
5 permitted under ORS 339.250); and OAR 584-020-0040(4)(n) as it incorporates 584-
6 020-0010(5) (using professional judgment)
7 ORDER
8 Based on the foregoing, and in consideration of the deferred sentencing agreement
9 providing that Mr‘ Burnett is prohibited from teaching for 18 months, the Commission hereby
10 orders as follows: ’
11 1. Gerald C. Burnett is hereby reprimanded. Yb A“ W
12 2. Gerald C. Burnett is hereby placed on probation for a period of two years. During '
13 probationary term, Mr. Burnett shall comply with all of the Commission's statutes and
14 rules regarding competent and ethical performance. Violation of a term or condition
15 of probation may constitute an independent basis for the Commission to impose
16 permitted disciplinary sanctions, subject to Mr. Sears‘ contested case hearing rights
17 . MMMMJW /0Wﬂ{4%,§ >61UW/to
‘i 8 ~ TEACHER STANDARDS AND PRACTICES COMMISSiON
19 ( _
20 By; Mg; g 1% éﬂm
21 ctoria Cham , ecutive Director
22
23 APPROVED AS TO FORM
24
25
26 Adam Arms, OSB# 010186
27 Attorney for Gerald Burnett
Page 3 STIPULATION OF FACTS ORDER OF PUBLIC REPRIMAND - BURNETT