39Rf591286? 1W 34 Lou OFFICES 523 229 @614 P.82/l35 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON i 3 ln the Matter oi the ' ) STIPULATION OF FACTS 4 Teaching License of ) FINAL ORDER OF 5 Bart Richard Rothenberger ) SUSPENSION E73 On or about June 21, 2005. the Teacher Standards and Practices Commission B (Commission) received a report from W. Rolla Wobber. Superintendent, Marcola School District. 9 indicating that Bart Richard Rothenberger (Rothenberger) behaved inappropriately around 10 students and made inappropriate comments to students. ' 11 After. review of the matters alleged, Mr. Rothenberger and the Commission agree that 12 their respective interests. together with the public interest, are best sewed by a stipulation i0 13 certain facts and the imposition oi a suspension and probation. ‘I4 By signing below, Mr. Rothenbergeracknowledges. understands, stipulates, and agrees 15 to the following: (l) he has been lully advised of his rights to notice and a hearing to contest the 16 findings of fact, conclusions oi law, and order set forth below. and fully and finally waives all 17 such rights and any lights to appeal or otherwise challenge this Stipulation oi Facts, Order of 18 Suspension and Probation (Stipulation and Final Order); (it) this Stipulation and Final Order is a 19 public document and dIsciosed to the public upon request by the Commission; (iii) this 20 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 21 Commission. if the Commission docs not approve and adopt this Stipulation and Final Order, 22 then neither Mr. Rothcnberger nor the Commiscion are bound by the terms herein; (iv) he has 23 fully read this Stipulation and Final Order, and understands it completely; (v) he voluntarily. 24 without any force or duress, enters into this Stipulation and Final Order and consents to 25 issuance and entry oi the Silpulated Final Order below; (vi) he states that no promises or - 26 representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he 27 has consulted with an attorney regarding this Stipulation and Final Order and has been fully 28 advised with regard to his rights thereto. or waives any and all rights to consult with an attorney Page 1 STIPULATION OF FACTS ORDER OF SUSPENSION AND PROBATION - ROTHENEERGER 04/30/09 THU 10 2 25 [TX/RX no 7186] nPR-3e-2ees 12:35 LFM OFF ICES 523 229 2514 P. os/es 1 prior to entering into this Stipulation and Final Order and issuance and entry of the stipulated > 2 Final Order below. - g 3 _ STIPULATION OF‘ FACT$ 4 1. The Commission has licensed Mr. Rothenberger since M'aj 52594;.‘ Mr. Rothenberger 5 holde an Initial l Teaching License. with endorsements in Health Education HS/ML. Q 6 Multiple Subjects, Middle Level and Physical Education MLIHS valid until June 27. 2011‘ 7 2. Bart Rothenberger began work tor the Marcela School District ln the ZOOWZODi school 8 year as a basketball coach. For the following two years. Rothenberger worked as a I 9 basketball coach. custodian and bus driver. ' _ 10 3. in 2Q93. Rothenberger obtained an emergency teaching license and was hired to teach 1 1 pert~time and to serve as Athletic Director part~tlme. He was assigned to teach PE and 12 health. From 2.993 to 2007. Rothenberger worked for the Marcela School District in a 13 licensed position. His duties included teaching. coaching. advising the student council. 14 and serving as Athletic Director. 15 4, in December. 2004, complaints were tiled with the Marcela administration against 16 Rothenberger by students and parents. Tho complaints concerned use oi inappropriate 17 sexual banter and foul language with students and allowing student conversations to 18 ; continue which Rothenberger should have stopped. Rothenberger admitted to engaging 19 in some sexual banter and foul language with students. to discussing seXUal topics, to 20 using swear words on the bus, and totalling to enforce appropriate standards of 21 behavior for himself and for some oi his students. ' 22 5. Rothenberger was placed on a plan ct assistance from March 2005 to June 2007 as a 23 result of the complaints. The plan required Rethenberger to conduct himself in a 24 _ professional manner and demonstrate a commitment to recognizing the dignity and 25 worth of all persons. Rothenberger successfully completed the plan of assistance. Page 2 STlF'ULATlON OF FACTS ORDER OF SUSPENSION AND PROBATION - ROTHENBERGER 04/30/09 THU 10:25 [TX/RX N0 17861 nm-zo-zaoe 1o: 35 LFM OFFICES 523 229 @614 P.24/BS 1 6. During the TSPC investigation. Rothonberger admitted to making a reference in his 2 wife's weight problems in his health class. saying to another student that a studenfs 3 mother was “hot.” calling young males and females "hoiiia" in front of students, using 4 potentially offensive nicknames for students, and Using foul ianguage at sporlihn events. 6 Rothenberger did noi conteel the aiiegation that he had referred to his wiie liking "rough 6 sex.‘ v iT is so STIPULATED: ' ‘ 3- Z file: 7~ 301%? 10 Bart Ric- rd Rothenbe - = Date ‘ 1; . M” %//1 “.4 .44 ‘jui/Z .._____ 13 r otorta Cha b - W 've Director Date 14 Teacher Standards an raotlces Commission 15 CONCLUSION OF LAW 16 Mr. Rothenberger'a above described conduct violated OAR 564020-0040(4)(n) as it i7 incorporaies OAR 584-020-0035t1)(c)(D) (Honoring appropriate adult boundaries wiihbiudente 18 in conduct and conversations at Iii times) and OAR 584-020-0040(4)(n] as li incorporates OAR 19 694-02000‘! 0(5) (Use proteasional iudgrnent). This misconduct constitutes Gross Neglect of 20 Duty. The Commission's authodty to impose discipline in this matter ls based upon ORS 21 342175. 22 I/l 23 IH 24 Ill ‘ 25 I/l _ 26 Ill ‘ 27 III 28 II/ { 29 Ill . Page 3 STIPULA'TION 0F FACTS ORDER OF SUSPENSiON AND PROBATION - ROTHENBERGER 04/30/09 THU 10 = 25 [TX/RX N0 71801 fiF'R-EB-2BB9 11a: 35 Law OFFICES ses 229 @614 'P. 215/25 1 ORDER 2 The initial I Teaching License of Bart Richard Ruthenberger is suspended from 3 May 22, 2009 through August 20, 2009. 4 - TEACHER STANDARDS AND PRACTICES COMMISSION 5 . . 6 ' I B : w 7 rotoria Chambe , Executlv Director ,/-‘—‘ 8 . 9 APPROVED AS TO FORM 10 > 1 I 12 %rbara J. Diamond, O$B# 850398 . 13 Attorney for Bart Richard Rothenberger (Accnt IDti! 115178) Page 4 STIPULATION OF FACTS ORDER OF SUSPENSION AND PROBATION ~ ROTHENBERGER TDTRL Ros 04/30/09 THU 10 : 25 [TX/RX no 11861