1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ’ OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND g Patrick Stephen Zosel ) ORDER OF REPRIMAND 7 On or about January 18, 2005, the Teacher Standards and Practices Commission 8 (Commission) received a report from Duane Yecha, Superintendent, Reedsport School District, 9 indicating that Patrick Stephen Zosel referred to a male special education student in a 1O derogatory manner. 1 1 After review of the matters alleged, Mr. Zosel and the Executive Director agree that their 12 respective interests, together with the public interests, are best served by a stipulation t0 certain 13 facts and a reprimand. 14 This Order sets forth the facts upon which the parties have agreed and to the sanction to 5 be imposed. Mr. Zosel stipulates that there are sufficient facts contained in the Commission’s ‘ files and records to support the findings of fact and conclusions of law set forth below. In 17 entering into this stipulation, Mr. Zosel waives the right to a hearing to contest the findings of 18 fact, conclusion oi law and order set forth below. 19 The stipulation is contingent upon approval and adoption of the Order by the 20 Commission. If the Commission does not adopt this Order, neither Mr. Zosel nor the 21 Commission are bound by these stipulations and Mr. Zosel retains all rights to a hearing on the 22 allegations. 23 STIPULATION OF FACTS 24 1. The Commission has licensed Patrick Stephen Zosel since December 3, 1974. 25 Mr. Zosel holds a Five Year Professional Technical License issued September 25, 2001, valid 26 through May 30, 2007, with an endorsement in Engineering Technology. 27 2. Mr. Zosel was employed by the Reedsport School District beginning in September of a 1996 through June of 2005. 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND — PATRlCK STEPHEN ZOSEL 1 3. On April 7, 1999, the District issued a Letter of Reprimand to Mr. Zosel for violating . district policy by chewing tobacco on campus alter repeated verbal warnings not to do so. 3 4. On January 11, 2005, Mr. Zosel referred to a male student as a “pussy assed bitch". 4 CONCLUSION 0F LAW 5 Patrick Stephen Zosel violated OAR 584-020-0040(4)(n) as it incorporates OAR 584- 6 020-0010(5) and OAR 584-020-0030(2)(b) when he failed to demonstrate a commitment to use 7 professional judgment in communicating with a student. Mr. Zosel violated OAR 584-020- 8 0040(n) as it incorporates OAR 584-020~0025(2)(e) when he failed to demonstrate skill in using 9 district lawful and reasonable rules by using tobacco products on school property. This 1O misconduct constitutes Gross Neglect of Duty. The Commission’s authority to impose discipline 11 in this matter is based upon ORS 342.175. 12 lT ISSO STIPULATED: . , 13 (23%:va 5. @/ i" ){fiflé fi Patric tephen Zos l k ,1 _ Date 25 : H: ) r .1 é 16 ‘Wm Di / 0 17 Teacher Stand s and Practices Commission 18 ORDER 19 The Commission imposes a Public Reprimand upon Patrick Stephen Zosel. This 2O Stipulation of Facts and Order constitute the Reprimand 21 lT IS SO ORDERED this A day of March 2006. 22 TEACHER STANDARDS AND PRACTICES COMMISSION a B, .Mifi/A/ Mae 25 Victoria Chambe in, Executive Director 26 Approved as to form: 27 28 — John S. Bishop, OSB # 89022 8 Attorney for Patrick Stephen Zosel {020106) 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND — PATRICK STEPHEN ZOSEL