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1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION I

2 OF THE STATE OF OREGON I

3 In the Matter of the ' ) STIPULATION oF FACTS, ' I

4 Teaching License of ) SURRENDER, FINAL ORDER ' I

5 TY JASON ROTHENBERGER ) OF REVOCATION 0F RIGHT TO APPLY i

6 ' i

7 On or about March 21, 2006, the Teacher Standards and Practices Commission _ I

8 (Commission) received a report from Jack Musser, Superintendent, Forest Grove School I

9 District, indicating that Mr. Rothenberger mayhave engaged in conduct constituting gross I
10 neglect of duty. I I I -

11 The Commisslon charged Rothenberger with gross neglect of duty on June 10, 2008. I

12 After review of the matters alleged, Mr. Rothenberger and the Commission agree that their I

13 respective interests, together with the public interest, are best served by a stipulation to certain I

14 facts and a surrender of his teaching license pursuant to OAR 584-050-0027. I

15 ' Mr, Rothenberger agrees that the Commission has the authority to investigate the ,

16 allegations against him, make findings of fact and conclusions of law, Mr. Rothenberger
17 understands that the Commission will rely upon these findings to revoke his license and waives I I

1B his right to appeal the revocation of his license.

, 19 Mr. Rotherberger denies the conduct alleged, but stipulates that the TSPC has the ' i

20 statutory authority to rely upon these facts to support this order and that he will not contest this - _

21 order. I ‘

22 By signing below, Mr. Rothenberger acknowledges, understands, stipulates, and agrees I

23 to the following: I (l) he has beentuliy advised of his rights to notice and a hearing to contest the I
24 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all I ' -

25 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, of

26 Surrender and Final Order of Revocation (Stipulation and Fmai Order); (ii) this Stipulation and I

27 Final Order is a public document and disclosed to the public upon request by the Commission; ' '

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Page 1 STIPULATION 0F FACTS, FINAL ORDER OF SURENDER AND REVOCATIDN -T. I

ROTHENBERGER I

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1 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by I
2 the Commission. lithe Commission does not approve and adopt this Stipulation and Final I -
3 Order,_then neither Mr. Rotheberger nor the Commission are bound by the terms herein; (iv) he i ,
4 has fully read this Stipulation and Final Order, and understands it completely; (v) he voluntarily I
5 , enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated I
6 Final Order below; (vi) he has consulted with an attorney regarding this Stipulation and Final I '
7 Order and has been fully advised with regard to his n'ghts thereto, or waives any and all rights to I
8 consult with an attorney pn'or to entering into this Stipulation and Final Order and Issuance and .
9 entry of the stipulated Final Order below. I
10 FINDINGS OF FAcrs '
11 1. The Commission has licensed Mr. Rothenberger since October 5, 2005. Mr. I ‘
12 Rothenbergefs license expired Apn'l 20, 2007, and he is not teaching. I
‘ 13 2. During. the 2005-2006 school year, Mr. Rothenberger inappropriately touched student i
14 KM as alleged in the Notice of Opportunity for hearing. Z
15 3. During the 2005-2006 school year, Mr. Rothenberger developed an lnappropriate
16 relationship with KM, which included having conversations on the phone late at night or early
17 morning hours; having conversations of an overiy personal nature; exchanging emails alluding V
18 to an inappropriate relationship; sharing a blanket during a bus trip following a basketball game;
19 and not reporting to his supervisor that KM had visited his apartment f
20 lT IS ULATED' '
21 "/lq/ui
22 iy éson thenberger ' Date i
23 ‘ ~ d ‘
24 5, ‘6Z/& C) '
25 lctoria Chain I Executive Director Date .
26 I Teacher Standards an > aotices Commlssien I
27 I I
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‘ Page 2 STIPULATION OF FACTS, FINAL ORDER OF SURENDER AND REVOCATION —T. i
ROTHENBERGER ' I

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1 CONCLUSION 0F LAW I
2 By engaging in the conduct described in paragraphs 2 and 3 above, Mr. Rothenberger i
3 engaged in gross neglect of duty in violation of OAR 584-020-0040i4)(f), (0); OAR 584-020- I
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4 0040(4) as it incorporates OAR 584-020-0035(1)(c)(A), (B) and (D); and OAR 584-020- _ I
5 0040(4)(n) as it incorporates OAR 584-020-0010(5). The Commission's authority to Impose i
I 6 discipfine in this matter is based upon ORS 342.175. I
7 ORDER . Y . I
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8 The Commission accepts the surrender of _Ty Jason Rothenbergers Teaching License I
9 and hereby revokes his right to apply tor a license ORS 342.175 for a period of one year from Ii
1O the date of this order.
WI ‘17 / c2005] i

12 IT IS SO ORDERED this day o . . -
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14 TEACHER STANDARDS AND PRACTICED COMMISSION
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16 .
17 lcton'a Chamb In. e Director
13 [1031081
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, Page 3 STIPULATION OF FACTS, FINAL ORDER 0F SURENDER AND REVOCATIDN - T. I
ROTHENBERGER I

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