1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS,

4 Teaching License of ) SURRENDER AND FINAL

5 JAMES RICHARD BONEBRAKE ) ORDER OF REVOCATION

6 On or about January 10, 2008, the Teacher Standards and Practices Commission

7 (Commission) received a report from Gary Temple, Superintendent, Scio School District,

8 indicating that Mr. Bonebrake failed to maintain appropriate boundaries with students.

9 Mr. Bonebrake has fully cooperated with the TSPC investigation. After review of the
10 matters alleged, Mr. Bonebrake and the Commission agree that their respective interests,
11 together with the public interest, are best served by a stipulation to certain facts and a surrender
12 of his teaching license pursuant to OAR 584-050-0027.
13 Mr. Bonebrake agrees that the Commission has the authority to investigate the
14 allegations against him, make findings of fact and conclusions of law. Mr. Bonebrake
15 understands that the Commission will rely upon these findings to revoke his license and waives
16 his right to appeal the revocation of his license.
17 This document sets forth the facts upon which the parties have agreed and the
18 stipulated sanction to be imposed. Mr. Bonebrake stipulates that the TSPC has the statutory
19 authority to rely upon these facts to support this order and he will not contest this order.
20 By signing below, Mr. Bonebrake acknowledges, understands, stipulates, and agrees to
21 the following: (i) he has been fully advised of his rights to notice and a hearing to contest the
22 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
23 such rights and any rights to appeal or othewvise challenge this Stipulation of Facts, of
24 Surrender and Final Order of Revocation (Stipulation and Final Order); (ii) this Stipulation and
25 Final Order is a public document and disclosed to the public upon request by the Commission;
26 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by
27 the Commission. If the Commission does not approve and adopt this Stipulation and Final

Page 1 STIPULATION OF FACTS, FINAL ORDER 0F SURENDER AND REVOCATION - BONEBRAKE

1 Order, then neither Mr. Bonebrake nor the Commission are bound by the terms herein; (iv) he
2 has fully read this Stipulation and Final Order, and understands it completely; (v) he voluntarily
3 enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated
4 Final Order below; (vi) he has consulted with an attorney regarding this Stipulation and Final
5 Order and has been fully advised with regard to his rights thereto, or waives any and all rights to
6 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and
7 entry of the Stipulated Final Order below.
8 STIPULATION OF FACTS
9 1. The Commission has licensed Bonebrake since July 2, 2007. Mr. Bonebrake holds
10 an Initial l Teaching License with a Basic Mathematics Endorsement, issued July 2, 2007, valid
11 through April 21, 2011.
12 2. Mr. Bonebrake was employed with Scio School District at Scio High School sewing
13 as a Mathematics teacher. Mr. Bonebrake resigned in January of 2008.
14 3. In November of 2007 Mr. Bonebrake sent a text message to a female student
15 requesting she send him a picture of herself. The female student responded by asking what
16 sort of picture he wanted. Mr. Bonebrake responded that the picture could be anything,
17 specifying that it could be nice, funny, nasty, or any kind of picture.
18 4. In December of 2007, while on vacation in Hawaii, Mr. Bonebrake sent the same
19 female student a text message asking why her boyfriend could see a photograph of her breasts
20 but he (Mr. Bonebrake) could not. Mr. Bonebrake sent a second text message shortly thereafter
21 inquiring about the female students’ pubic hair grooming habits.
22 ///
23 ///
24 ///
25 l//
26 ///
Page 2 STIPULATION OF FACTS, FINAL ORDER OF SURENDER AND REVOCATION - BONEBRAKE

1 5. When questioned about this conduct by police Mr. Bonebrake admitted sending the
2 text messages, expressed regret at exercising poorjudgment, and explained that he had been
3 on vacation and drinking at the time. Mr. Bonebrake had no previous disciplinary history with
4 the Commission.
5 ILLSSO STI U TED-
6 sgml Qii A, [04 ‘r’ ‘o?’
7 J . - r hard Bo -/- ake _- Date
8 /z/Q,// l/ 1, uéflh) /”/ XLQQ
9 Victoria Cha ' a W xecutive Director Date
1O Teacher Standards and Practices Commission
11 CONCLUSION OF LAW
12 During the 2007-2008 school year, while employed with the Scio School District, Mr.
13 Bonebrake violated appropriate teacher-student boundaries when he communicated with a
14 female student via text message. This conduct constitutes gross neglect of duty in violation of
15 OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D). (Honoring appropriate
16 adult boundaries with students in conduct and conversations at all times.) OAR 584-020-
17 0040(4)(n) as it incorporates OAR 584-020-0010(5). (Use professional judgment). The
18 Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
1 9 ORDER
20 The Commission accepts the surrender of James Richard Bonebrake’s Initial I Teaching
21 License and hereby revokes said license.
22 IT IS SO ORDERED thisifitliay 0f October, 2008.
23 TEACHER STANDARDS AND PRACTICES COMMISSION
24 .
25 By: Mg MM)
26 ictoria Cha , Executive Director
27 [0820081
Page 3 STIPULATION OF FACTS, FINAL ORDER OF SURENDER AND REVOCATION - BONEBRAKE