Consent order for Kevin B. Fretwell - WALB.com, South Georgia News, Weather, Sports

Consent order for Kevin B. Fretwell

BEFORE THE GEORGIA PROFESSIONAL STANDARDS COMMISSION

STATE OF GEORGIA

IN THE MATTER OF: *

*

Kevin B. Fretwell, * PSC NO. 14-2-531

Certificate #457475 *

*

Respondent. *

FINAL ORDER

The Professional Standards Commission approved a probable cause determination and proposed a disciplinary sanction in the above-captioned matter on July 10, 2014, and the Respondent was served notice of this decision on July 15, 2014. Because the Respondent failed to request a hearing within thirty (30) calendar days after service of notice of the proposed disciplinary sanction, the Respondent has waived the right to contest the proposed sanction. Therefore, the proposed sanction becomes the final decision of the Commission pursuant to Commission Rule 505-6-.04 (1) (c).

FINDINGS OF FACT

The Findings of Fact entered by the Commission in the Consent Order are hereby adopted and incorporated by reference herein.

CONCLUSIONS OF LAW

The Conclusions of Law entered by the Commission in the Consent Order are hereby adopted and incorporated by reference herein.

ORDER

1.

The Order entered by the Commission in the Consent Order is hereby adopted and incorporated herein by reference with the following specification. The Commission's proposed disciplinary action, revocation, is adopted and having become final on August 14, 2014, is hereby made the Final Decision of the Commission on August 20, 2014.

2.

If the Respondent so chooses, he may appeal the findings of the Professional Standards Commission within thirty (30) days of service of this order by following the procedures outlined in O.C.G.A. §50-13-19.

Kelly C. Henson

Executive Secretary

BEFORE THE GEORGIA PROFESSIONAL STANDARDS COMMISSION

STATE OF GEORGIA

IN THE MATTER OF: *

*

Kevin B. Fretwell, * PSC NO. 14-2-531

Certificate # 457475 *

*

Respondent. *

CONSENT ORDER

By agreement of the Georgia Professional Standards Commission and Kevin B. Fretwell, Respondent, the following disposition of this matter is entered pursuant to the provisions of the Georgia Administrative Procedure Act, codified as O.C.G.A. §50-13-13(a)(4).

FINDINGS OF FACT 1.

The Respondent holds a certificate issued by the Georgia Professional Standards Commission and held such certificate during times relevant to the matters asserted herein.

2.

The Respondent, a high school teacher, released grade changes of 122 students to the local news media in direct violation of the Family Educational Rights and Privacy Act (“FERPA”). The Respondent admits that he received a copy of a fellow teacher's grading records and turned them over to a reporter. The principal had changed the grades of the fellow teacher's students. The school district issued the Respondent a reprimand and recommended him for termination to the school board. The Respondent resigned from the school district.

CONDITIONS OF REVOCATION

1.

Respondent, holder of Certificate # 457475 to practice as an educator in the State of Georgia pursuant to Chapter 2 of Title 20 of the Official Code of Georgia Annotated, hereby freely, knowingly and voluntarily agrees to this Consent Order by the Georgia Professional Standards Commission. Respondent hereby acknowledges that this is a revocation of his certificate. Respondent knowingly forfeits and relinquishes all right, title and privilege of holding himself out as and being able to practice as an educator in the public schools in the State of Georgia, unless and until such time as his certificate may be reinstated or a new certificate issued. Respondent shall not serve as a volunteer or be employed as an educator, paraprofessional, aide, substitute teacher, or in any other position in a public school in the State of Georgia. Respondent will not seek or accept employment or any service position in any agency serving children under the age of 18.

2.

Respondent shall not be eligible to petition to apply for a new certificate or reinstatement until three (3) years from the effective date of this revocation. Respondent understands and agrees that the decision to reinstate or reissue a certificate will be within the sole discretion of the Commission. Respondent also understands and agrees that should the Commission consider a petition to apply for a new certificate, the Commission shall have access to the entire investigative file in this matter.

3.

Approval of this Consent Order by the Georgia Professional Standards Commission shall in no way be construed as condoning Respondent's conduct and shall not be construed as a waiver of any lawful rights possessed by the Commission.

4.

This Consent Order shall not become effective unless and until approved by the Georgia Professional Standards Commission, at which time it shall become effective immediately.

5.

Respondent acknowledges that he has read this Consent Order and understands the terms and sanctions described herein. Respondent understands and agrees that the Commission shall have the authority to review the investigative file and all relevant evidence in considering the Consent Order. Respondent further understands that this Consent Order, once approved, shall constitute a public record that may be disseminated as a disciplinary action of the Commission. If this Consent Order is not approved, it shall not constitute an admission against interest in this proceeding or prejudice the ability of the commission to adjudicate this matter. Respondent hereby consents to the terms and sanctions contained herein.

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