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1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION U5: C 2 F; 2T6
2 OF THE STATE OF OREGON ' ' t 1
3 In the Matter of the ) STIPULATION OF FACTS, 1
4 Educator License of ) FINAL ORDER OF REVOCATION 1
5 JACOB L MCELLIGOT ) OF RIGHT TO APPLY FOR LICENSURE i
6 On or about October 7, 2014, the Teacher Standards and Practices Commission
7 (Commission) received a report from the Morrow County Sherist Office indicating Jacob L
8 McElligott (McElligott) was subject to a law enforcement investigation regarding allegations of
i 9 inappropriate conduct in violation of professional standards regarding student / teacher
1 O boundaries.
1 1 After review of the matters alleged, McElligott and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to certain
1 3 facts, and the Revocation of McElligott’s Right to Apply for Oregon Teaching Licensure.
14 This document sets forth the facts upon which the parties have agreed and the stipulated
15 sanction to be imposed. McElligott stipulates that there is sufficient evidence in the
16 Commission's files and records to support the findings of fact, conclusions of law, and order set
1 7 forth below.
1 8 By signing below, McElligott aclmowledges, understands, stipulates, and agrees to the
1 9 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
20 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all ‘
21 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final i
22 Order of Revocation of Right to Apply for Licensure (Stipulation and Final Order); (ii) this i
23 Stipulation and Final Order is a public document and disclosed to the public upon request by the
24 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval
25 and adoption by the Commission. If the Commission does not approve and adopt this ‘
26 Stipulation and Final Order, then neither McElligott nor the Commission are bound by the
27 terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it
Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY — JACOB L
MCELLIGOT

a , f, I’
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1 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final
2 Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that
3 no promises or representation has been made to induce him to sign this Stipulation and Final
i 4 Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order
5 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
i 7 entry of the Stipulated Final Order below. In entering into this stipulation, McElligott waives
8 the right to a hearing to contest the findings of fact, conclusions of law and order set forth below.
9 STIPULATION OF FACI‘ S
1 0 1. The Commission has licensed McElligott since October 21, 2003. McElligott held an
1 1 Initial I Teaching License, with endorsements in Multiple Subjects (MIDLVL) and
12 Multiple Subjects Self-Contained (ECE, ELE), valid from March 18, 2013, through
1 3 October 25, 2016. McElligott did not make application for renewal.
14 2. On October 7, 2014, the Commission received a report from the Morrow County Sheriff's
15 Office indicating McElligott was subject of a law enforcement investigation regarding
16 allegations of inappropriate conduct with a student (the Student). Subsequent
17 Commission investigation indicated that on or about the early morning hours of May 31,
1 8 2013 (commencement day), McElligott engaged in sexual conduct with the Student, a
19 then 18 year old female student of Irrigon High School. The investigation further
20 indicated that McElligott engaged in a sexual relationship with the Student after her
21 commencement a few more times over the next year, though most of the year she was
22 attending college out of town. During the 2012-2013 school year McElligott denies
23 discussing having sex with the Student before she graduated. McElligott told the Student
24 that he followed a code of conduct that exists between students and teachers, and that
25 relationship is different than the type of relationship adults may have after a student
26 graduates.
Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY- JACOB L
MCELLIGOT

i 1 3. Investigation further determined that during the 2012-2013 school year, McElligott and
2 the Student exchanged personal phone calls and personal text messages. During the
I 3 spring of 2013, McElligott met with the Student in the softball dugout in the morning
1 4 hours prior to school starting because she had missed a practice and had to make up the
i 5 time. During this meeting, McElligott talked with the Student about that fact that she
i 6 was moving out of her house due to conflict with her parents. He told her that he cared
7 about her and McElligott also told her that he disapproved of her date for the prom. He
8 disapproved because he feared her date may be engaging in behaviors and partying in
9 ways that were unhealthy. While in the dugout, McElligott gave the Student a gift of
10 some nuts that she liked. As a coach, McElligott occasionally provided food treats for
1 1 students that he knew they liked. Before leaving the dugout area, McElligott gave the
1 2 Student a “full on hug” and again told her how much he cared for her.
13 4. On December 29, 2014, McElligott participated in an interview conducted by a
14 Commission investigator. During this interview, McElligott was asked the following
15 question in summary and provided the following answers regarding his relationship with
16 the Student:
1 7 u Did you (McElligott) ever have any type of a sexual relationship with the Student
1 8 when she was a student or after she had graduated from high school. McElligott
1 9 answered “no sir.”
20 IT IS so STIP TED: .
21 lulu/l“,
22 Jacob L Mc gptt Date
23 g é i i [421M 7éé
24 Dr. Monica Beane, Executive Director Date
25 Teacher Standards and Practices Commission
26
27
Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY — JACOB L
MCELLIGOT

1 CONCLUSION OF LAW
2 Jacob L McElligott’s conduct described in sections two and three above constitutes Gross
3 Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates
4 OAR 584-020-001o(5) (Use professional judgment), OAR 584-020-0025(2)(e)( Using district
5 lawfirl and reasonable rules and regulations); OAR 584-020-0040(4)(o) as it incorporates
6 OAR 584-020-0035(1)(b)(Refiain from exploiting relationships with any strident for personal
7 gain, or in support 0f persons or issues), OAR 584-020-0035(1)(c)(A) (Not demonstrating or
8 expressing professionally inappropriate interest in a student's personal life), OAR 584-020-
9 oo35(1)(c)(B) (Not accepting or giving 0r exchanging romantic or overly personal gifts or
1O notes with a student), OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries
1 1 with students in conduct and conversations at all times); and OAR 584-020-oo4o(4)(f) (Any
12 sexual conduct with a student). The Commission relies on the definitions of sexual conduct in
13 ORS 339.37o(9) and OAR 584-o2o-ooo5(5). i
14 Jacob L McElligott’s conduct described in section four above constitutes Gross Neglect of
1 5 Duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-
16 020-0010(5) (Use professional judgment); OAR 584-020-0040(4)(o) as it incorporates OAR
17 584-020-0035(3)(a)( Maintain the dignity of the profession by respecting and obeying the law,
18 exemplifying personal integrity and honesty); and OAR 584-o2o-oo4o(4)(c) (Falsification of
19 any document or knowing misrepresentation directly related to licensure, employment, or
20 professional duties). This conduct also constitutes gross unfitness in violation of ORS
21 342.175(1)(c); OAR 584-020-oo4o(5)(b) (Fraud or misrepresentation).
22 The Commission's authority to impose discipline in this matter is based upon ORS
23 342.175.
24 ORDER
25 The Commission adopts the above Stipulation of Facts, and hereby revokes the Right to
26 Apply for Teaching Licensure of Jacob L McElligott.
Page 4 STIPULATION OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY —-JACOB L
MCELLIGOT

i
‘ 1 IT 1s s0 ORDERED this 07 éyhday of Swing , 20 J1.
2 TEACHER STANDARDS AND PRACTICES COMMISSION
3 \
5 Dr. Monica Beane, Executive Director
Page 5 STIPULATION OF FACTS, ORDER OF REVOCATION OF RIGHT TO APPLY — JACOB L
MCELLIGOT
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CERTIFICATE OF MAILING
l HEREBY CERTIFY that I served the foregoing Stipulation of Facts, Final Order of Revocation of
Right t0 Apply for Licensure, certified by rne as such, by mailing U.S. First Class Mail and U.S.
Certified Mail — Return Receipt Requested, addressed to:
Jacob Lee McElligott
18623 SW Forest Park RD
Hillsboro, OR 97123
DATED this (a ' day of February, 2017.
i l
By: L. A4 1U:
g! Sheldon
nvestigative Assistant
Certificate of Mailing - Jacob Lee McElligott
Data Classification Level: l e Published
DO: Sheldon