. BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the ) STIPULATION OF FACTS,
Teaching License of ) ORDER OF SUSPENSION
Robert Lynn Klein ) AND PROBATION

On December l8, 2001, the Teacher Standards and Practices Commission (Commission)
received a report from David]. Davis, Superintendent, Klaniath County Schools indicating that the
District reprimanded Robert Lynn Klein (Klein) for requiring a middle school student to stand
outside for almost all of a class period without a coat as discipline.

On or about May 16, 2002, the Commission received a second report from

. Superintendent David]. Davis alleging that Robert Klein (Klein) misused his school computer to
access nude photographs over the intemet.

Mr. Klein fully cooperated with the Commission’s investigation. After review of the
matters alleged, Mr. Klem and the Commission agree that their respective interests, together with
the public interest, are best served by a stipulation to certain facts and the imposition of a ninety
(90) day suspension, followed by a period of probation of two (2) years. This Order sets forth the
facts upon which the parties have agreed and the sanction to be imposed. Mr. Klein stipulates that
there are sufficient facts contained in the Commission’s ﬁles and records to support the ﬁndings 0f
facts and conclusion of law set forth below. Iii entering into this stipulation, Mr. Klein waives the
right to a hearing to contest the ﬁnding of fact, conclusion of law and order set forth below.

' Page l — STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

. STIPULATION OF FACTS

1. Mr. Klein holds a Basic Teaching License valid from July 12, 2000 tojune 30,
2003.

2. Mr. Kleni was employed by Klamath County School District for 2i years as an art i
teacher in a middle school.

3. A District-owned computer with Internet access was present in Mr. Klem’s
classroom for his use in connection with his assigned responsibilities. The District has a clearly
defined, accepnrble use policy. The District operates monitoring software to detect misuse by any
user of the network equipment regarding sexually explicit or pornography Websites. The District’s
policy prohibits the use or attempted use of equipment for Internet access sexually explicit
materials.

4. Mr. Klein used his classroom computer to view approximately 40 vintage antique

' photographs of nude women on the E-Bay “risque photographs” Website. Mr. Klein did so using
the District’s Internet connection.

5. Mr. Klein admits that he should not have used the District computer for viewing
nude photographs due to the appearance that viewing this subject matter would violate District
policy and could be viewed as inappropriate personal use ofa District computer.

6. Mr. Klein was disciplined by the District in December, 200i for sending a student
for a time-out outside of his modular classroom during the winter months. The District concluded
that Klein's actions constituted inappropriate corporal punislmient of the student.

This stipulation is contingent upon approval and adoption ol‘ the Order by the
Commission. If the Commission does not adopt this Order, neither Mr. Klerri nor the

. Page 2 ~ STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

Commission are bound by these Stipulations and Mr, Klem retains all rights to a hearing on the .
‘ allegations.
IT IS SO S IPULATED:
4?; [k Z; t 02103103
R0 ynn Klern Da e
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ictoria Cham , Executive D‘ ector Date
Teacher Standards and Practices Commiss1on
ULTIMATE FINDING OF FACT
Robert Klein used the computer equipment owned by his employer, Klamath County
School District, located on school premises, to access suggestive photographs of nude women.
’ Mr. Klein was ﬁilly aware that accessing such materials at the workplace with a District owned
computer was inappropriate and could be viewed as a violation of District Policy. Mr. Klein
also on one occasion caused a student to have a time-out for disciplinary purposes by standing
outside during the winter months in violation of the District policy against corporal punishment.
CONCLUSION OF LAW
Robert Klem’s use of a district computer constitutes Gross Neglect of Duty in violation
of OAR 5 84-020-0040(4)(q). Mr. Klein violated standards regarding Professional Judgment
(OAR 584-020-0010(5)) by requiring a middle school student to stand outside on December 5,
2001 as discipline. The Commission’s authority to impose discipline in this matter is based upon
ORS 342.175.
. Page 3 — STIPULATION 0F FACTS, ORDER OF SUSPENSION AND PROBATION

ORDER

' The Oregon Basic Teaching License of Robert Klein is suspended for a period of ninety
(90) (lays beginning on March 7, 2003. At the end olithis suspension period, Mr. Klem’s teaching
license will be reinstated upon submission of a complete application pursuant to ()AR 5841-050-
0015(3) and verification by Mr. Klein that he has undergone an evaluation by a psychotherapist 0r
medical professional acceptable to the Commission, and the evaluator submits a written report to
the Commission attesting (l) Mr. Klein is lit to work with children and teenagers, and (2) there is a
high probability he will not use school district equipment to access sexually inappropriate materials
or engage in similar inappropriate behavior. Any costs associated with the assessment or treatment .
will be the responsibility of Mr. Klein.

Upon the reinstatement ofhis teaching license, Mr. Kleni shall be placed on probation by the l
Commission for a period of two (2) years subject to the following conditions:

' 1. Mr. Klem shall substantially comply with any treatment or counseling as
recommended by the individual who completed the evaluation described above. Mr. Klein shall
authorize and sign any consent forms as necessary for the treatment provider or counselor to
furnish records to or discuss Mr. Klem’s treatment with the Commission.

2. Mr. Klein shall comply with all Smndards for Competent and Ethical Performance
under OAR Chapter 584, Division 020.

3. Mr. Klein shall provide infomiation as requested by the Commission to verify that
he has complied with the conditions ol' probation, including a statement from a future employing
district that he has complied with the Standards for Competent and Ethical Performance under
Chapter OAR 584, Division 020.

/l. Violation of the terms of this probation may constitute an independent basis for the

. Page 4 ~ STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

‘ 4, Violation of the terms of this probation may constitute an independent basis for
the Commission to impose discipline, up to and including revocation of Mr. Klem’s teaching
license subject to Mr. Klem’s right to a hearing on the issue of whether he violated probation.

Dated this 2 ‘Wday of March, 2003.
TEACHER STANDARDS AND PRACTICES COMMISSION
Bpmgéﬂjlﬂzﬂﬂb__ .._l A.
ictoria Chamber am, Executive Director
‘ Page 5 — STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION