. 1 BEFORE THE TEACHER STANDARDS AND PRECTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the Teaching License of STIPULATION AND ORDER OF 4 RANDALL WILLIAM HURT | SUSPENSION 5 6 On July 15, 1998, the Teacher Standards and Practices Commission (Commission) issued 7 a Notice of Opportunity for Hearing to Randall W. Hurt. Mr. Hurt requested a hearing to contest 8 the allegations in the notice, and a hearing was scheduled for December 1, 1998. After a review 9 of the matters alleged, the parties have agreed that their respective interests, together with the 10 public interest, are best served by a stipulation to certain facts, an order of suspension and _ ll imposition of a period of probation. This agreement sets forth the facts upon which the parties 12 have agreed, the sanction to be imposed and the Commission’s order‘ {I 13 STIPULATED FACTS 14 Randall W. Hurt and the Commission stipulate to the following: 15 1. Mr. Hurt holds a standard teaching license with a subject matter endorsement in 16 advanced mathematics. 17 2. Mr. Hurt has been employed as a mathematics teacher with the Gresham-Barlow l8 High School District for approximately 20 years. 19 3. In February 1998, the school district conducted an investigation based on reports 20 of inappropriate use of school district computers at Sam Barlow High School. The investigation 21 revealed that Mr. Hurt had used school district computers to access sexually explicit materials on 22 the Internet. Mr. Hurt used a computer assigned to him and computers assigned to six other 23 educators, without permission, to access sexually explicit images on the Internet. Use of district a ’ Page 1 - STIPULATION AND ORDER OF SUSPENSION JGM:tjh\GEN03314 Department ofJustice 1 _ 1 162 Court Street NE 1 Stanza? ‘ ' 1 computer s for this purpose occurred between January 1997 and February 1998. These activities 2 involved accessing hundreds of pornographic sites. 3 4. When confronted by the school district, Mr. Hurt admitted that he had used school 4 district computers for this purpose and without authorization. 5 5. There is no evidence that Mr. Hurt engaged in this activity during regular school 6 hours, and there is no evidence that students were exposed to any of the pornographic materials 7 or were aware of Mr. Hurt’s activities. 8 6. On February 24, 1998, the school district issued to Mr. Hurt a Letter of 9 Reprimand and a Last Chance Agreement. The district required Mr. Hurt to lose his Internet 10 privileges for an indeterminate period, prohibited him from supervising Saturday school or from ll having access to school premises outside the regular work days without gaining specific l2 administrative approval, and required Mr. Hurt to undergo a psychological assessment and to . l3 engage in a program of counseling. The Last Chance Agreement states that repeating this l4 behavior would serve as sufficient cause for immediate dismissal. 15 7. Mr. Hurt was examined by Stephen S. Scherr, Ph.D., a licensed clinical 16 psychologist. Dr. Scherr administered psychological testing and engaged in interviews with l7 Mr. Hurt. Dr. Scherr issued a written report dated April 6, 1998. In that report, Dr. Scherr 18 concluded that Mr. Hurt suffered from depression. He recommended ongoing psychotherapy l9 and concluded that Mr. Hurt had a good prognosis for dealing with his depression and problems 20 /// l 21 /// 22 /// 23 /// . Page 2 - STIPULATION AND ORDER OF SUSPENSION J GM:tjh\GEN03314 Department of Justice 1 162 Court Street NE Sta . 1 in his marriage. Dr. Scherr expressed the opinion that Mr. Hurt has not been and will not be a 2 danger to students or staff at his school. Dr. Scherr observed that Mr. Hurt was extremely 3 embarrassed and remorseful. 4 5 MM ELM” r Randall William Hurt Date 6 7 EAQMQML Mb 8 David V. yton, Executive irector Date 9 Teacher Standards and Practices Commission ' 10 ULTIMATE FINDINGS OF FACT 1 1 Randall W. Hurt accessed sexually explicit materials on school district computers without 12 authority and in violation of school district policies. . l3 CONCLUSION OF LAW 14 The above conduct constitutes gross neglect of duty in violation of OAR 584-020- 15 0040(4)(b). 16 DISCUSSION 17 The Commission considers Mr. Hurt’s actions to be a serious violation of Commission 18 standards. Based on this, the Commission will impose a period of suspension. The length of the l9 suspension in this case is relatively short based on the following mitigating circumstances: 2O Mr. Hurt has an unblemished teaching record of 20 years; the district elected not to dismiss 21 Mr. Hurt and he is apparently a valued employee; an extended period of suspension could work a ‘ 22 hardship to the district and to Mr. Hurt’s students; Dr. Scherr believes that Mr. Hurt is unlikely to i 23 repeat this conduct, does not have a sexual abnormality and is likely to be responsive to . Page 3 — STIPULATION AND ORDER OF SUSPENSION JGM:tjh\GEN03314 Department 6mm 1 162 Court Street NE Sta 21232;“ 1 11718/98' 10:14 FAX 503 378 6829 563 3g§v1§85215912v1css ‘003/003 ‘ 1 counseling; Mr. Hurt has expressed what appears to be genuine remorse; no students were 2 exposed to any pornographic materials. Based on these considerations, the Commission imposes 3 a relatively short-term suspension and a period of probation. 4 ORDER 5 The teaching license of Randall W. Hurt will be suspended for a period of 15 days, from 6 December 19, 1998 through January 2, 1999. Upon reinstatement, Mr. Hurt shall be placed on 7 probation to the Commission for a period of two years. Conditions of probation shall be as 8 follows: 9 1. Mr. Hurt shall comply with all standards of competent and ethical performance 10 under OAR 584, Division 20. 11 2. Mr. Hurt shall at his own expense continue with psychotherapy and/or counseling 12 for such period of time as his therapist recommends. Mr. Hurt shall comply with all directives ‘ 13 and recommendations of his therapist. l4 3. Mr. Hurt shall supply the Executive Director of the Commission with the name 15 and address 0f his treating therapist. Mr. Hurt shall consent that the Executive Director or his 16 designee may contact Mr. Hurt’s treating therapist to determine whether Mr. Hurt is cooperating 17 and complying with recommendations of the therapist. Mr. Hurt shall sign a consent for release 18 of information, permitting the Commission to receive records of the therapist and to discuss I9 Mr. Hurt’s treatment with the therapist. 2O 4. i Mr. Hurt shall comply with all requirements of the Last Chance Agreement with 21 the Gresham-Barlow School District. 22 /// 23 /// .Page 4_- STIPULATION AND ORDER OF SUSPENSION J GMzt] h\GEN033 l4 Department oflustioe ‘286%???1’? (503) 378-6003 ' l 5. Upon completion of therapy or at the end of the probationary period Mr. Hurt 2 shall at his own expense obtain from his therapist a written report to the Commission describing 3 Mr. Hurt’s therapy, and indicting whether Mr. Hurt is likely to present any threat to students or 4 to engage in unprofessional conduct and further indicating whether continued therapy is 5 recommended. 6 6. Mr. Hurt Shall provide information to the Commission as requested to verify that 7 he has complied with conditions of probation, including a written statement of satisfactory 8 performance by Mr. Hurt’s employing school district. 9 Failure to comply with any condition of probation shall be a basis in itself for discipline, 10 up to and including revocation of Mr. Hurt’s teaching license and subject to Mr. Hurt’s right to a 11 hearing on the issue of whether he violated his probation. - .Lv *‘r 12 DATED th1s day of November 1998. ' l3 \ 14 ' ‘rh/ David V. Myton, Executi Director 15 Oregon Teacher Standards and Practices Commission 16 APPROVED TO AS FORM: 17 ‘ 1s 24'! Q u [171W Sean Lyh’ Date l9 Attorney for Randall W. Hurt 20 '1 21 [gr QMI/fifli [1110/25 Joe Go on McKeever Date 22 Attorney for TSPC 23 . Page 5 - STIPULATION AND ORDER OF SUSPENSION JGMIlj h\GEN033 l4 Department of Justice 1162 Court Street NE Salem, OR 97310 (503) 378-6003