fi 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF REPRIMAN D g CHARLES FRITZ J UENGLING ) 7 On April 19, 2011, the Commission received information from Superintendent 8 Husk of the Salem-Keizer School District regarding Charles Fritz J uengling (Juengling). 9 Husk reported that J uengling had been locally investigated for misuse of district time 1O and resources, and had received student complaints regarding J uengling’s classroom 1 1 management techniques. 12 After review of the matters alleged, Juengling and the Commission agree that 13 their respective interests, together with the public interest, are best served by a 14 stipulation to certain facts and the imposition of a public reprimand. 15 By signing below, J uengling acknowledges, understands, stipulates, and agrees to 16 the following: (i) he has been fully advised of his rights to notice and a hearing to contest 17 the findings of fact, conclusions of law, and order set forth below, and fully and finally 18 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 19 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation 20 and Final Order is a public document and disclosed to the public upon request by the 21 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 22 approval and adoption by the Commission. If the Commission does not approve and 23 adopt this Stipulation and Final Order, then neither Juengling nor the Commission are 24 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 25 understands it completely; (v) he voluntarily, without any force or duress, enters into 26 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 27 Final Order below; (vi) he states that no promise or representation has been made to 28 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 29 attorney regarding this Stipulation and Final Order and has been fully advised with 30 regard to his rights thereto, or waives any and all rights to consult with an attorney prior 31 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 32 Final Order below. 33 STIPULATION OF FACTS 34 1. Charles Fritz Juengling has been licensed by the Commission since August 7, 1989. 35 Juengling currently holds a Standard Teaching License, with an endorsement in 36 Standard German (018) and Standard Language Arts (020); issued June 7, 2007, and Page 1 STIPULATtON OF FACTS AND ORDER OF REPRIMAND - JUENGLING, CHARLES Fan 1 valid through June 6, 2012. During all relevant times, J uengling was employed by the 2 Salem-Keizer School District. 3 2. On April 19, 2011, the Commission received a report from the Salem-Keizer School 4 district advising that J uengling had been investigated locally regarding allegations of 5 misuse of District time and resources as well as student complaints regarding J uengling’s 6 teaching methods. 7 3. The Commission’s investigation determined that J uengling used the district’s computer 8 and internet resources to surf the internet for a variety of purposes, both personal and 9 school related. J uengling admitted to at times, using these resources during work time, 1O outside his preparation times and breaks. J uengling also admitted that he used these 1 1 resources for personal reasons, (check email, buy and sell hobby items, read news 12 articles, check sports scores, etcetera) as well as to search for and purchase materials for 13 his classroom (movies and other materials in the German language). These assertions 14 appear supported by the tracking materials and logs supplied by the school district. 15 There is no evidence that any illicit sites were visited. 16 IT IS SO STIPULATED: 17 W é” . , . 18 " .1111 _ 7m , 1 1/ 19 Cha - 7 itz J11" gling/ I’ I Date I 2° I » a rm 21 “r 0M VII/I111. 1/1 7/141 6 '92 _/ 22 Y 'toria Cha e . 1 , i xecutive Director Date 23 Teacher Stan ards and Practices Commission 24 CONCLUSION OF LAW 25 Charles Fritz J uengling used school district resources (computer and internet), 26 for personal use during contracted work hours. This conduct constitutes gross neglect of 27 duty in violation of ORS 342.175(1)(b); OAR 584-ozo-oo4o(4)(n) as it incorporates OAR 28 584-020-001o(5) (Use professional judgment), OAR 584-020-00 25(2)(e) (Using 29 district lawful and reasonable rules and regulations), and OAR 584-020-0040(4)(a) 3O (Knowing and substantial unauthorized use of: school name or financial credit; school 31 materials or equipment for personal purposes; or school personnel to provide personal 32 services unrelated to school business), and OAR 584-o2o-oo4o(4)(b) (Knowing and Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND - JUENGLING, CHARLES FRITZ 1 substantial unauthorized use of employment time or school resources for private 2 purposes). g 3 The Commission’s authority to impose discipline in this matter is based upon 4 ORS 342.175. 5 ORDER 6 The Commission adopts and incorporates herein the above findings of fact and 7 conclusions of law, and based thereon, imposes a Public Reprimand on Charles Fritz 8 J uengling’s Standard Teaching License‘ 9 Issued and dated this gZQrday of July, 2012. 1 O TEACHER STANDARDS AND PRACTICES COMMISSION 11 STATE OF O GON 1 3 By 14 oria C amber ' , ve Director Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND -- JUENGLlNG, CHARLES FRITZ