BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER REVOKING 5 Teaching License of ) RIGHT TO APPLY FOR LICENSURE 6 KENNETH JOHN CUSHING ) 7 8 On October 27, 2004, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Kenneth John Cushing (Cushing) in which the 10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. l l First Class Mail and U.S. Certified Mail Receipt 7003 2260 0000 8922 8821 to the address l2 obtained by the Commission. The certified mail receipt was signed by Mr. Cushing and I3 returned to the Commission on November 1, 2004. The Notice of Opportunity of Hearing, dated l4 October 27, 2004, and signed by Victoria Chamberlain, Executive Director, stated: 15 “You, Kenneth John Cushing, are entitled to a hearing on the proposed action of 16 the Commission. lf you want a hearing, you must file a written request for a 7 hearing with the Commission within 21 days of the date of this notice. Attached ‘ to this notice is a copy of the procedures, right of representation and other rights 9 0f parties relating to the conduct of a hearing as required under ORS 20 183.413(2)." 21 22 Mr. Cushing did not request a hearing. The Commission, therefore, finds 23 Mr. Cushing to be in default and enters the following findings of fact, conclusions of law 24 and order, based on the files and records of the Commission concerning this matter. 25 FINDINGS OF FACT 26 1. Mr. Cushing held an Initial License of Accomplishment restricted to Salem-Keizer 27 School District with an endorsement in Basic Spanish, issued April 23, 2002. Said license 28 expired on December 25, 2003. 29 2. During the 1999-2000 school year, Mr. Cushing made inappropriate sexual 30 comments, touched female students and touched the buttocks of female students attending 3i Whiteaker Middle School. ' PAGE 1 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE — CUSHING ‘I 3. Prior to the December break and after Thanksgiving of the 2000-2001 school year at 2 Whiteaker Middle School, Mr. Cushing grabbed CA, a seventh grade female student, around the 3 waist from behind and picked her up off the ground. 4 4. During the 2000-2001 school year at Whiteaker Middle School, Mr. Cushing 5 repeatedly squeezed or pinched, KP, a seventh grade female student, about the waist area and 6 massaged or placed his hand on her neck when he came t0 her desk to answer a question. 7 5. During the 1999-2000 and the fall 2000 school years, Mr. Cushing repeatedly 8 massaged or squeezed the shoulders of MM, a female student, in the classroom at Whiteaker 9 Middle School. 10 6. During the 1999-2000 school year, Mr. Cushing slapped the buttocks of MM, a female 11 student, in the classroom at Whiteaker Middle School. 12 7. During the 2000-2001 school year, Mr. Cushing repeatedly squeezed, pinched or l massaged BH, a female student at Whiteaker Middle School, about the shoulder area and ‘4 pinched her in the ribs on one occasion. 15 8. In September of 2001, Mr. Cushing lifted the arm of Cl, a female student attending _ 16 Claggett Creek Middle School, and tickled her in the torso area. 17 9. In December of 2001, Mr. Cushing grabbed JJ, a female student attending Claggett 18 Creek Middle School, by the hips and then placed his hands on her back and tickled her. 19 10. On or about January 4, 2002, Mr. Cushing referred to BB, a female student, as “hey 20 skinny”, placed his hand on her waist and squeezed her skin. 21 11. In February of 2004, Mr. Cushing told a female student, attending Claggett Creek 22 Middle School, during class that “Something smells like tuna, Lisa, put your legs together." 23 /// 24 /// 25 /// . PAGE 2 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - CUSHING ' ‘I CONCLUSIONS OF LAW 2 Items 1 through 11 above constitute Gross Unfitness in violation of OAR 584-020- 3 0040(4)(f) and OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5). The 4 Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 5 ORDER 6 The Commission adopts the above findings of fact and hereby revokes Kenneth John 7 Cushing’s right to apply for licensure. 8 IT IS SO ORDERED this A 3 day of January, 2005. 9 TEACHER STANDARDS AND PRACTICES COMMISSION 10 _ H I! I’ / - 12 B‘ /.,./5;.4_11/,/1a.“1. - 13 rotoria Cha ‘w, Executive Director 14 ‘5 NOTICE OF APPEAL OR RIGHTS YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDlClAL REVIEW MAY BE I8 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE I9 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 20 183.482 TO THE OREGON COURT OF APPEALS. ' PAGE 3 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE — CUSHING .1 CERTIFICATE OF MAILING 3 I hereby certify that | served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular U.S. mail and by U.S. Certified Mail-Return Receipt Requested, addressed 5 to: 6 7 Kenneth John Cushing 8 485 Marino Drive N 9 j Keizer, OR 97303 11) ' .. 11 Dated this 3/ day of January, 2005. 12 l3 W T I 14 . 15 By: Mlz'lm‘ 1.1: 16 MeIo y Han‘ ecutive Assistant . PAGE 1 — CERTIFICATE OF MAILING — CUSHING