~ R ECEIVE D SEP 0 4 2003 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMIS 1081111961222; tag-(Egg; 2 OF THE STATE OF OREGON Z EctgreSIlllllIaettgfr of the MUM W g STlPULATkONbil3 OF FACTS 5 NEWELL GEORGE SEEM/ER- ) FINAL ORDER 0F REPRIMAND 6 0n June 5, 2006, the Teacher Standards and Practices Commission (Commission) 7 received a report from a patron of the Grant School District relating that Superintendent Newell 8 Cleaver (Cleaver) had information regarding ethical violations by a teacher in the district that ‘ 9 Cleaver had not reported to TSPC. 10 Cleaver fully cooperated with the Commission's investigation. After review of the O 11 matters alleged, Cleaver and the Executive Director agree that their respective interests, 12 together with the public interest, are best served by a stipulation to certain facts and a public 13 reprimand. 14 This document sets forth the facts upon which the parties have agreed and file v 15 stipulated sanction to be imposed. Cleaver stipulates that there is sufficient evidence in the 16 Commission's tiles and records to support the findings of fact, conclusions of law, and order set 17 forth below. 18 By signing below, Cleaver acknowledges, understands, stipulates, and agrees to the 19 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 20 findings of fact, conclusions of law, and order set forth below, and fully and finaliy waives all 21 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 22 Order of Reprimand (Stipulation and Final Order); (i1) this Stipulation and Final Order is a public 23 document and disclosed to the public by the Commission upon request; (iii) this Stipulation and 24 Final Order is contingent upon and subject to approval and adoption by the Commission. lf the 25 Commission does not approve and adopt this Stipulation and Final Order, then neither Cleaver 26 nor the Commission are bound by the terms herein; (iv) he has‘ fully read this Stipulation and 27 Final Order, and understands it completely; (v) he voluntarily, without any force or duress, Page 1 STIPULATlON OF FACTS AND FINAL ORDER OF REPRIMAND ~ CLEAVER i 1 enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated 2 Final Order below; (vi) he states that no promises or representations have been made to induce 3 him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney 4 regarding this Stipulation and Final Order and has been fully advised with regard to his rights 5 thereto, or waives any and all rights to consult with an attorney prior to entering into this 6 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 7 STIPULATION OF FACTS s 1. The commission has licensed Newell Cleaver since October 19, 1987. Cleaver - 9 currently holds aStandard Administrative License with a Standard Administrator and Standard 10 Superintendent endorsement. The license, issued by the Commission on February 19, 2006, is It valid through February 18, 2011. 12 2. During a 2004 wrestling tournament a District teacher and wrestling coach confronted 13 a student-wrestler following a wrestling match, yelled at that student and forcefully pushed the 14 student wrestler one or more times demonstrating a wrestling technique. The educator admitted 15 to previously belittling the same students in front of classmates. 16 3. Following an after school April 2006 track practice a Grant School District educator 17 struck his own son, a student in the district, in the stomach and slapped him causing a bloody 18 lip. 19 4. This incident was reported to local iaw enforcement and to the Department of Human 20 Services. ‘Hie educator was not prosecuted for this incident but was removed from his coaching 21 assignment. 22 I / I I 23 I I I I 24 /// / i 2S I / I I 26 I I l I ' Page 2 STIPULATION OF FACTS AND FlNAL ORDER OF REPRIMAND ~ CLEAVER 1 5. Cleaver did not report these incidents to TSPC. 2 3 IT IS SO STIPULATED AND AGREED TO: 4 5 Mb 9”!" ‘3 Z 6 Ne II George Cleaver Date 7 n] / Q 8 M! 111/4121. 1.11 4007 9 ictoria -- . ‘W, Executiv Director Date 10 Teacher Standards and Practices Commission 11 CONCLUSION 0F LAW 12 Neweli Cleaver did not report two incidents of use of force in the Grant County School 13 District to TSPC as required by OAR 584-020-0041 (3). This conduct constitutes gross neglect 14 of duty in violation of OAR 584-020»0040(4)(m) and OAR 584-020-0040(4)(n) as it incorporates _ 15 OAR 584~020~0010(5). The Commission hasthe authority to impose discipline in this matter 16 under ORS 342.120 through 342.430 and OAR Chapter 584. 17 FINAL ORDER 18 The Commission hereby adopts and incorporates herein the above findings of fact and 19 conclusion of law and based thereon, here by imposes a Public Reprimand on Newell George 20 Cleaver. This Order shall serve as the Public eprimand. ‘f’! K/ 21 Issued and dated this (Q day o t, 2009. 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 STATE OF OREGON 2A l/ / ‘ 25 =1. W12 4112...; MO , . 26 Victo - ' ‘: -- e ~ Iain, Executive Director 27 Account Number: 60241 Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - CLEAVER _