1 BEFORE THE TEACHER STANDARDS AND PRACTICES COlVLMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF REVOCATION g STEPHEN COOK i 7 8 9 On or about November 28, 2008, the Teacher Standards and Practices Commission 1O (Commission) received a report from the Ontario School District, indicating that Stephen Cook 1 1 may have engaged in Gross Neglect of Duty . 12 After review of the matters alleged, Mr. Cook and the Commission agree that their 13 respective interests, together with the public interest, are best served by a stipulation t0 certain 14 facts, and Revocation of Mr. Cook’s Oregon Teaching License. 15 This document sets forth the facts upon which the parties have agreed and the stipulated 16 sanction to be imposed. Mr. Cook stipulates that there is sufficient evidence in the 17 Commission's files and records to support the findings of fact, conclusions of law, and order set 1 8 forth below. 19 By signing below, Mr. Cook acknowledges, understands, stipulates, and agrees to the 20 following: (i) he has been fully advised of his rights to notice and a hearing t0 contest the 21 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 22 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 23 Order of Revocation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a 24 public document and disclosed to the public upon request by the Commission; (iii) this 25 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 26 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 27 then neither Mr. Cook nor the Commission are bound by the terms herein; (iv) he has fully read 28 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any 29 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION — STEPHEN COOK 1 of the Stipulated Final Order below; (vi) he states that no promises or representation has been 2 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 3 attorney regarding this Stipulation and Final Order and has been fully advised with regard t0 his 4 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this 5 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This 6 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. 7 Mr. Cook stipulates that there are sufficient facts contained in the Commission’s files and 8 records to support the findings of fact and conclusions of law set forth below. In entering into 9 this stipulation, Mr. Cook waives the right to a hearing to contest the findings of fact, 1O conclusions of law and order set forth below. 1 1 STIPULATION OF FACTS 12 1. The Commission has licensed Mr. Cook since June 12, 2007. Mr. Cook recently received 13 an Initial I Teaching License with an expiration date of May 11, 2011. At all times 14 material herein, Mr. Cook was employed by the Ontario School District. 15 2. While employed with the Ontario School District Mr. Cook maintained a 16 www.myspace.com account on which he represented himself as a teenage boy. Mr. 17 Cook utilized school computers, school time, and school student lists to seek out and 18 contact students through this social networking account. Mr. Cook represented to 19 parents that he had authority from the school to communicate with students in this 20 manner. Mr. Cook used an internet override to allow him to use of the internet in 21 violation of district policy. 22 3. Mr. Cook’s online communications with students discussed personal matters that had 23 the tone of peer communications rather than student-teacher communications. Mr. 24 Cooks communications also discussed the school’s authority to impose discipline. 25 4. While engaged in online communications, one student told Mr. Cook information 26 suggesting possible suicide. Mr. Cook did not inform his employer, the Department of Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION — STEPHEN COOK 1 Human Services or law enforcement of this incident. Mr. Cook instead attempted to 2 intervene directly with the student’s possible attempted suicide. 3 5. While employed with the Ontario School District, Mr. Cook allowed his Wife access to 4 his school district email. 5 IT IS SO STI ' ULATED: / 6 11/. Z ‘Line Q57 QUZQ 7 S ~phek'i'u i Date 8 Mm 11111.41 f/ . Zr/o’4.g__ 9 Viria Chamchutive Director Date 1O Teacher Standar- s and Practices Commission 1 1 CONCLUSION OF LAW 12 1. By engaging in the conduct in paragraph 2 above, Mr. Cook engaged in gross neglect of 13 duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates 14 OAR 584-020-001o(5) (Use professional judgment); OAR 584-020-oo4o(4)(o) as it 15 incorporates OAR 584-020-0035(2)(e) (Not use the district's or school's name, 16 property, or resources for non-educational benefit or purposes without approval of 17 the educator's supervisor or the appointing authority). 18 2. By engaging in the conduct in paragraph 3 above, Mr. Cook engaged in gross neglect of 19 duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(0) as it incorporates 20 OAR 584-020-0035(1)(b)(Refi'ain from exploiting relationships with any student 21 for personal gain, or in support of persons or issues), and OAR 584-020- 22 oo35(1)(c)(A) and (D)(Not demonstrating or expressing professionally 23 inappropriate interest in a students personal life), (Honoring appropriate adult 24 boundaries with students in conduct and conversations at all times); OAR 584-020— 25 oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional judgment) . Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION — STEPHEN COOK 1 3. By engaging in the conduct in paragraph 4 above, Mr. Cook engaged in gross neglect of 2 duty in violation of ORS 342.175(1)(b)OAR 584-020-oo4o(4)(n) as it incorporates 3 OAR 584-020-001o(5) (Use professional judgment) and OAR 584-020-0030(d) 4 (Skill in reconciling conflict); and OAR 584-020-004o(4)(o) as it incorporates OAR 5 584-020-0035(1)(b) (Refrain from exploiting professional relationships with any 6 student for personal gain, or in support of persons or issues). 7 4. By engaging in the conduct in paragraph 5 above, Mr. Cook engaged in gross neglect of 8 dutyin violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates 9 OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(c) 10 (Using and maintaining student records as required by federal and state law and 1 1 district policies and procedures); and OAR 584-020-0040(4)(o) as it incorporates 12 OAR 594—020-0035(1)(a) (Keep the confidence entrusted in the profession as it 13 relates to confidential information concerning a student and the student's family). 14 ORDER 15 The Commission adopts the above Findings of Fact and Conclusions of Law and revokes 16 Stephen Cook’s License. 17 1T IS so ORDERED this modify ofJuly, 2012. 18 TEACHER STANDARDS AND PRACTICES COMMISSION 19 Z g : Z . 20 By: 21 ictoria Chamber ' , tive Director Page 4 STIPULATION OF FACTS, ORDER OF REVOCATION — STEPHEN COOK