1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

Q OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS
4 Teaching License of ) AND
5 KEVIN A. MURPHY ) ORDER OF SUSPENSION
6 On August 16, 2005, the Teacher Standards and Practices Commission (Commission)
7 received a report from Kathryn Baker, Superintendent, Salem-Keizer Public Schools indicating
8 that Kevin A. Murphy (Murphy) may have engaged in immorality; neglect of duty and/0r in a
9 knowing and substantial unauthorized use of employment time or school resources for private
10 purposes,

11 Mr. Murphy fully cooperated with the Commission's investigation. After review of the
12 matters alleged, Mr. Murphy and the Commission agree that their respective interests, together
13 with the public interest, are best served by a stipulation to certain facts, a six (6) month

4 suspension of his teaching license.

‘4 This Order sets forth the facts upon which the parties have agreed and the sanction to
16 be imposed. Mr. Murphy stipulates that there are sufficient facts contained in the Commission’s
17 files and records to support the findings of fact and conclusions of law set forth below. In
18 entering into this stipulation, Mr. Murphy waives the right to a hearing to contest the finding of
19 fact, conclusion of law and order set forth below.

2O This stipulation is contingent upon approval and adoption of the Order by the
21 Commission. if the Commission does not adopt this Order, neither Mr. Murphy nor the
22 Commission are bound by these stipulations, and Mr. Murphy retains all rights to a hearing on
23 the allegations.
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Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION — KEVIN A. MURPHY

1 STIPULATION 0F FACTS
.2 1. Mr. Murphy has been licensed by the Commission since January 20, 1987. Mr.
3 Murphy currently holds a Standard Teaching License valid August 21, 2003, through August 20,
4 2008, with endorsements in Basic Health Education, Basic Reading and Standard Physical
5 Education.
6 2. Mr. Murphy began his employment with the Saiem-Keizer Public Schools on
7 September 25, 1987. The District placed Mr. Murphy on paid administrative leave May 27, I
8 2005. Mr. Murphy resigned, in lieu of termination, by agreement effective September 30, 2005.
9 3. On February 3, 1997, Mr. Murphy wrote to Mike Kolb, Principal, North Salem High
10 School, requesting that Mr. Murphy be allowed to seek "coverage" from other teachers in the
11 building so that he could participate in the OSAA State Basketball Tournament as a paid
12 referee. On February 6, 1997, Principal Kolb responded by memorandum directing Mr. Murphy
3 to use personal or emergency leave time to serve as a referee for the state basketball
‘1 tournament.
15 4. By email dated March 7, 2000, Principal Kolb denied a similar request from Mr.
16 Murphy to be allowed to seek “coverage” from other staff to officiate at an OSAA Tournament.
17 Principal Kolb wrote, “...there may be an ethical violation in this practice. You are being paid
18 with tax dollars to teach (fulfill the contract) and while receiving pay for that responsibility you
19 are being paid for officiating games.”
2O 5. Mr. Murphy left school during student contact hours on nine different occasions
21 during March, April and May of 2005, to officiate OSAA sports events. Mr. Murphy left a student
22 teacher or other staff member in charge of students. Mr. Murphy did not request personal
23 leave, emergency leave or leave without pay for any of this time. Mr. Murphy was paid by
24 OSAA for officiating at these events.
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Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION - KEVIN A. MURPHY

1 6. Mr. Murphy claimed Bereavement Leave or Family Illness on eight occasions during
Q February, April and May of 2005, to umpire for PAC~10 women's fast pitch softball games in
8 California, Arizona, and Oregon. Mr. Murphy was paid by PAC-10 for officiating at these events.
4 I'I' IS O STIPULATED: ,
, 5 r _
s Kevin A. Mgrphg f I I gag 7 E
9 Victoria Cham in, Executive Director Date
1O Teacher Standards and Practices Commission
1 1 CONCLUSIONS OF LAW
12 Mr. Murphy’s knowing and substantial unauthorized used of employment time for private
13 purposes violates OAR 584-020-0040(4)(b). By claiming Bereavement Leave and Family
14 Illness Leave to Umpire Women’s Fast Pitch Softball games Mr. Murphy made knowing
5 misrepresentation directly related to professional duties in violation of OAR 584-020-0040(4)(c)
‘i and failed to maintain the dignity of the professional by exemplifying personal integrity and
17 honesty in violation of OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(3)(a).
18 On every occasion in which Mr. Murphy received payment of salary on contract and collected or
19 accepted payment for services as a sports official Mr. Murphy violated OAR 584-020-0040(4)(o)
20 as it incorporates OAR 584-020-0035(3)(a) by failing to maintain the dignity of the profession by
21 respecting and obeying the law, exemplifying personal integrity and honesw. ln failing to
22 adhere to the terms of a contract Mr. Murphy violated OAR 584—020-0040(4)(o) as it
23 incorporates OAR 584-020-0035(2)(d) when Mr. Murphy accepted gift or gratuity (pay) that
24 influenced his judgment in the performance of professional duties. This behavior constitutes
25 Gross Neglect ot Duty. The Commissions authority to impose discipline in this matter is based
26 upon ons 342.175. I
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Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION — KEVIN A. MURPHY

1 ORDER
.2 The Commission adopts the above findings of fact and suspends the Standard Teaching
3 license of Kevin A. Murphy for a period of six (6) months effective on the date of the adoption of
4 this order. At the end of the suspension period Mr. Murphy may apply for reinstatement of
5 licensure by submitting a complete application pursuant to OAR 584-050-0015(3) together with
6 supporting documentation and fees.
7 IT IS SO ORDERED this i day of January, 2006.
8 TEACHER STANDARDS AND PRACTICES COMMISSION
9 O ,
11 Victoria Chamberl ' ,'Executive Director
12
13 Approved as to form:
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15
16 Margaret S. Olney, OSB # 88135
17 Attorney for Kevin A. Murphy [0103061
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Page 4 STIPULATION OF FACTS AND ORDER OF SUSPENSION - KEVIN A. MURPHY