l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
‘2
In the Matter Of the ) STIPULATION OF FACTS,
3 Teaching License of ) REPRIMAND AND
DAVID ALLEN KROMER ) ORDER
4 )
5
6 On or about November 21, 1997, the Teacher Standards and
7 Practices Commission_(Commission) issued a Notice of Opportunity
8 for Hearing to David Allen Kromer (Kromer) in which the
9 Commission proposed to suspend or revoke his Oregon Teaching
10 License or to impose other discipline under ORS 342.177.
ll
12 The Commission and Kromer have now reviewed the matters
13 alleged and have agreed to the following stipulation. In
14 entering this stipulation Kromer waives his right to a hearing.
i 15 This agreement sets forth the facts Kromer will not contest,
16 including the Commission Order of a public reprimand.
17
18 STIPULATION OF FACTS
19 1. Kromer holds a Standard Teaching License endorsed for
Handicapped Leaner valid until May 22, 1999.
20
2. Kramer was employed as an elementary teacher by Silver
21 Falls School District, commencing on or about September 12,
i 1996. .
22
3. On or about September 27, 1996, Kromer made a comment which
23 offended an adult female assistant under his supervision.
Kromer admitted the comment and apologized. The apology
24 was accepted and no further incidents occurred.
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p PAGE 1 - STIPULATION OF FACTS, REPRIMAND AND ORDER
it
DEPARTMENTOFJUSHCE
1162 Court Sum N.E.
Salem, Oregon 97310
(50337845003

l 4. In response to the September incident, the district issued
‘ a letter to Kromer on October 8, 1996 stating in part that
2 "* * * any further negative interaction with staff or
students like the incident of September 27, 1996, will
3 result in significant disciplinary action * * * up to and
including possible dismissal."
4
5. In early February 1997, the district began an investigation
5 into possible misconduct by Kromer toward a student. It
had been reported that Kromer was using reactive and
6 intimidating communications with a student. The district
concluded that Kromer had raised his voice to students,
7 pointed his finger and shook it at students.
8 6. In the course of investigating the student complaint,
Kromer’s female adult assistants were interviewed and
9 concerns about Kromer's interactions with them was
expressed.
10
7. The district concluded that Kromer interactions with staff
ll had impaired the development of professional relationships
with his instructional assistants.
12
8. Kromer denied many of the factual allegations and asserted
13 that the perceptions of the instructional assistants were
unwarranted. Kromer also expressed his concern that the
14 allegations were not made by the educational assistants
‘I until after he was directed to discuss a possible reduction
S in staffing levels with them.
16 9. On February 19, 1997, district administrators recommended
to the superintendent that Kromer be dismissed from his
17 probationary position.
l8 10. As a result of a settlement agreement Kromer resigned his
employment with the district on March 1, 1997, with an
19 effective date of June 15, 1997.
2O Kromer enters into this Stipulation of Facts with knowledge
that the Teacher Standards and Practices Commission will issue a
21 public reprimand. While Kromer denies that he engaged in any
misconduct which justifies disciplinary action by the Commission,
22 he wishes to bring closure to this matter. This Stipulation is
contingent upon approval and adoption of the Order by the ‘
23 Commission. If the commission does not adopt this Order, neither 1
Kromer nor the Commission are bound by these stipulations and i
24 Kromer retains all rights to a hearing on the allegations.
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. PAGE 2 - STIPULATION OF FACTS, REPRIMAND AND ORDER
DEPARTMENTOFJUSI'ICE
1162 c011“ sum N.E.
Salem, Oregon 97310
(5093784003

1 IT IS SO IPULATED
2 i/
h .
3 , 2 3
David Allen Kromer Dat
4
( ,
S f?
6 Davi V. Myton, Execu ive Director Date
Teacher Standards and Practices Commission
'7
CONCLUSIONS OF LAW
8
Under ORS 342.175 Kromer violated OAR 584-020-010(5) when
9 he had interactions with staff that caused them anxiety and
impeded the development of effective working relationships with
10 his assistants. Kromer's conduct did not constitute sexual
harassment.
ll
ORDER ‘
12
The Commission adopts the above findings of fact and
13 reprimands Kromer for his failure to use professional judgment in
his interactions with staff.
14 g, ‘52$?
DATED this da of 1998.
‘15 y
TEACHERS STANDARDS AND PRACTICES COMMISSION
16
n
l.
l7 M ‘jo-tfi
By:
18 David V. Myton, E ecutive Director
19 Approved as to form:
20 I ’
21 All“; (Allin Ll A’?
argast S. Olney V Date
22 Attor -y for David agn Kromer
23 (y
24 . M (/1 5/ / <5)
Gary Cordy Dat
25 Assistant Attorney Gener
26 tjh/GMC/JGGlZOOB
' PAGE 3 — STIPULATION OF FACTS, REPRIMAND AND ORDER
DEPARTMENT OF JUSTICE
1161 Conn SLreet NE.
Salem, Oregon 97310
(503)378-6003 l