l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON 2 In the Matter of the ) 3 Teaching License Of ) STIPULATION OF FACTS ALAN RANDALL BROBERG ) AND ORDER OF PUBLIC ‘ 4 ) REPRIMAND 5 On March 24, 1998, the Teacher Standards and Practices 6 Commission informed Alan Randall Broberg that the Commission found _ 7 sufficient evidence of violation of Standards for Competent and 8 Ethical Performance of Oregon Educators to warrant a hearing 9 regarding his actions while serving as a substitute teacher in 10 Reynolds School District. Alan Broberg requested a hearing on the 11 allegations, but before a hearing date was set, the parties have 12 agreed that their respective interests and the interests of the 13 State are best served by a Stipulation of Facts and Order of l4 Reprimand as set forth below. 15 STIPULATION OF FACTS 16 1. Alan Randall Broberg holds a Standard Teaching License endorsed in advanced mathematics and valid from November 16, l7 1992 until October 28, 1998. 18 2. Broberg served as a substitute teacher on December 15, 1997 in a music class at Alder Elementary School in Reynolds School l9 District. 20 3. Broberg invited three third grade students to the front of the classroom and asked each in turn to kiss him on the cheek as ’ 21 he explained to the class the holiday tradition of kissing under the mistletoe. 22 4. Broberg's actions were observed by Instructional Assistant, 23 Mary Dunham. Broberg’ has been excluded as a substitute teacher from Reynolds School District as a result of these 24 actions. 2 5 / / / 2 6 / / / PAGE 1 - STIPULATIONS OF FACTS AND ORDER OF PUBLIC REPRIMAND , DEPARTMENT OF JUSTICE 1162 Court Street NE. Salem, Oregon 97310 (503) 3784003 ‘1 Alan Randall Broberg enters into this Stipulation of Facts 2 with knowledge that the Teacher Standards and Practices Commission 3 will issue a Public Reprimand. This Stipulation is contingent upon 4 approval and adoption of the Order by the Commission. If the 5 Commission does not adopt this Order, neither Mr. Broberg nor the 6 Commission are bound by these stipulations and he retains all 7 rights to a hearing on the allegations. 8 IT IS SO STIPULATED: 9 10 GUM @vqué/Z/ @g l8 STA“ 1998 Alan Randall Broberg Date 11 12 41 Qfifig LZ/y) é: 7f/L/[fff 13 David V. Myton, Execu ive Director Date ‘14 Teacher Standards and Practices Commission 15 ULTIMATE FINDINGS OF FACT 16 Alan Randall Broberg acted inappropriately by requesting third 17 grade students to kiss him while explaining the holiday tradition 18 of kissing under the mistletoe. 19 CONCLUSIONS OF LAW 20 Under ORS 342.175(1)(b) and (c) and (5) and OAR 584-020-0040 21 the Commission is authorized to impose a Public Reprimand when the 22 educator fails to use professional judgment in interactions with 23 students. 24 /// 25 /// ' 26 /// ' PAGE 2 — STIPULATIONS OF FACTS AND ORDER OF PUBLIC REPRIMAND DEPARTMENT OF JUSTICE 1333812332315‘ (5033186003 ‘ l ORDER 2 The Commission issues a Public Reprimand to Alan Randall 3 Broberg for failure to use professional judgment in dealing with 4 third grade female students at Alder Elementary School in Reynolds 5 School District. This Order-constitutes the Public Reprimand. 6 DATED this I (PM/Of Jék (‘he 1998. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 8 9 I F ( “Ar/F By; aM/V‘ 10 David V. Myto Executive Director 11 Approved as to form: 12 13 g é :LZ 64/1/77 14 Sean . Ly Date Attorney for Alan Randall Broberg 15 M 17 J McKeever A istant Attorney General 18 19 20 21 22 23 24 25 26 tjh/JGM/JGGl2l43 ' PAGE 3 - STIPULATIONS OF FACTS AND ORDER OF PUBLIC REPRIMAND DEPARTMENTOFJUSTICE 1162 Cnun Street N.E. Salem, Oregon 97310 (5093104003