l STATE OF OREGON . Z TEACHER STANDARDS AND PRACTICES COMMISSION 3 In the Matter of the Teaching License of STIPULATION OF FACTS, CONCLUSION OF 4 LAW, AND ORDER OF SURRENDER AND JON M, YEAKEY REVOCATION 5 . L 6 On or about March 15, 1999, the Teacher Standards and Practices Commission T 7 (Commission) issued a Notice of Opportunity for hearing to I on M. Yeakey (Yeakey) in which T 8 the Commission proposed to take disciplinary action against Yeakey under ORS 342.177. The 9 basis for the proposed action was Yeakey’s alleged misconduct as a teacher. 10 The Commission and Yeakey have now reviewed the matters alleged and have agreed that 11 their respective interests, together with the public interest, are best served by entering this 12 Stipulated Order and Findings of Fact. In entering these stipulations, Yeakey waives his right to ' 13 a hearing. This agreement sets forth the facts upon which the parties have agreed including the 14 Commission’ s order of surrender and revocation of Yeakey’s license. i 15 FINDINGS OF FACT 16 1. Yeakey held a valid restricted teaching license valid until March 26, 1999. He 17 was issued a basic standard license on or about April 19, 1999. 18 2. Yeakey worked for the Hillsboro School District at the Glencoe High School from 19 September 1993 to November 1998. 20 3. Yeakey resigned in lieu of termination on or about November 17, 1998 based on 21 the conduct described in Findings of Fact 4 and 5. 22 4. During a six day period beginning September 30, 1998, Yeakey connected to the 23 Internet on recently installed school equipment and accessed sexually explicit material. Some of ' Page 1 - STIPULATION OF FACTS, CONCLUSION OF LAW, AND ORDER OF SURRENDER AND REVOCATION GMC:ljh:cfs: rar\GEN29054 Dcpzmmcnt in‘ Justice 1162(30m1 Slrccl NT", Salem. UR 971111 (dill) 1784:1111‘ T T T" ‘ . 1 the access was during student contact hours, though no student was knowingly permitted nor is 2 known to have viewed any of these materials. 3 5. On or about October 5 and 8, 1998, Yeakey made inaccurate statements to 4 administrators during the investigation of the conduct described in Findings of Fact 4. Yeakey 5 contends that the information provided was not knowingly inaccurate. The first communication 6 to Yeakey was that inappropriate access to sites had been made on the computer in his room. 7 Yeakey assumed and therefore told the administrator that students may have been responsible 8 since he did not believe he personally had “entered” any sites, but simply surfed through some 9 personals ads. On October 8, Yeakey was told that his computer showed hits on a large number 10 of sites and he believed he had only incidentally landed on a relatively small number of sites. 1 1 Yeakey indicated to the administrator that he would compare the times of access with student . 12 activity. Upon doing so, Yeakey realized the District was referring to his surfing and 13 acknowledged that he, rather than the students, had been on the computer during those times. He 14 later learned that landing on one site may produce a register of multiple hits, many of which were 15 never viewed. Yeakey agrees evidence exists in the record to establish his responses to district 16 inquiries may have been less than candid. 17 Yeakey enters into this Stipulation of Facts with the knowledge that the Commission will 18 adopt an order revoking his license. This Stipulation is contingent upon the approval and 19 adoption of the Order by the Commission. 1f the Commission does not adopt this order, neither 20 Yeakey nor the Commission are bound by these stipulations and he retains all rights to a hearing 21 on the allegations. 22 /// . 22 /// Page 2 — STIPULATION OF FACTS, CONCLUSION OF LAW, AND ORDER OF SURRENDER AND REVOCATION GMC uttersi~nr\(;EN29054 immune." "(Justice l 162 Court Slice! NI‘. “2.12751112331“ .‘ 1 1T IS SO STIPULATED: Z 3 _ M” on M. Yeakey Date 5 A) F111 EMT” ll 1r David V. Myton Date 6 Executive Director 7 CONCLUSIONS OF LAW ale 8 The conduct described in the Findings of Fact constitutes violations of OAR 584-020-0040(4)@- ) 9 ORDER 10 Based on the foregoing Stipulations it is ordered: Yeakey’s license is revoked. “4 M <= 11 DATED this l7" day of A 1999. ‘ 12 13 TEAC R STANDARDS AND PRACTICES COMMISSION 14 ~ Lél/w 15 By: David V. Myton, ‘xecutive Director 16 Approved to form: l7 18 éflyflfiaéfiw/ Elizabeth McKanna, OSB #89306 19 Attorney for Jon M. Yeakey 20 . 21 Xvé.‘"""‘ . f. \.. T/ I 2, ‘v1 i' l —i———————7~;\ f Gary M. Cordy, OSB #78118 ~‘ ‘ 22 Assistant Attorney General Attorney for TSPC ' Q 23 Page 3 - STIPULATION OF FACTS, CONCLUSION OF LAW, AND ORDER OF SURRENDER AND REVOCATION GMC:t_Tli:cfs: rar\G 151929054 llquulmc'nl “r .lihllcc | l(\1("o\|il Hired L\'l{ Salt-m UR 97.1111 Hits) Whit-Hut