1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) FINAL ORDER OF REPRIMAND 5 SHANE ALAN MOFFITT ) AND PROBATION 1 6 On or about October 16, 2006, the Teacher Standards and Practices Commission 7 (Commission) received a report from Robert Wadlow, Superintendent, Jefferson School District, 8 indicating that Shane Alan Moffitt (Moffitt) used district computer systems to access sexually explicit 9 materials. 10 Mr. Moffitt fully cooperated with the Commission’s investigation. After review of the matters 11 alleged, Mr. Moffitt and the Commission agree that their respective interests, together with the public 12 interest, are best served by a stipulation to certain facts, the imposition of a Public Reprimand and a 13 two (2) year probation. 14 This document sets forth the facts upon which the parties have agreed and the stipulated 1‘ sanction to be imposed. Mr. Moffitt stipulates that there is sufficient evidence in the Commission's _ 16 files and records to support the findings of fact, conclusions of law, and order set forth below. 17 By signing below, Mr. Moffitt acknowledges, understands, stipulates, and agrees to the 18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of 19 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 20 rights to appeal or otherwise challenge this Stipulation of Facts, Final Order of Reprimand and 21 Probation (Stipulation and Fina: Order); (ii) this Stipulation and Fina! Order is a public document and 22 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 23 contingent upon and subject to approval and adoption by the Commission. lf the Commission does 24 not approve and adopt this Stipulation and Final Order, then neither Mr. Moffitt nor the Commission 25 are bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands 26 it 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 no 28 promises or representation has been made to induce him to sign this Stipulation and Final Order; and Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - MOFFITT 1 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully ‘ advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior 3 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 4 below. 5 STIPULATION OF FACTS 6 1. The Commission has licensed Shane Alan Moffitt since October 5, 2004. Mr. Moffitt 7 currently holds a Basic Teaching License valid October 5, 2004, through September 4, 2007, with an 8 Endorsement in Basic Elementary Education. 9 2. During the Fat! Semester of 2006 Mr. Moffitt used a district owned computer in his I 10 classroom to access sexually explicit web sites. 11 3‘ There is no evidence that students were exposed to this material. 12 IT I, SO STIPULATED: 13 QM N)» “"1. 7111102 14 Sha- Alan Moffitt I Date 0/12 III/11 my M é I é W 16 v rctoria Chafllai Executive Director Date 17 Teacher Standards and Practices Commission 18 CONCLUSIONS OF LAW 19 Shane Alan Moffitt violated OAR 584-020-0040(4)(q) by using school computer equipment to 20 access sexually explicit materials. This misconduct constitutes Gross Neglect of Duty. The 21 Commission has authority to impose discipline in this matter under ORS 342.120 through 342.430 22 and OAR Chapter 584. 23 ORDER 24 The Commission hereby adopts and incorporates herein the above findings of fact and 25 imposes a Public Reprimand on Shane Alan Moffitt. This Stipulation of Facts, Order and Probation 26 constitute the Reprimand. O Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - MOFFITT 1 Furthermore, the Commission imposes a two (2) year probation upon Mr. Moffitt requiring that . Mr, Moffitt comply with all Standards for Competent and Ethical Performance under Oregon 3 Administrative Rules, Chapter 584, Division 020. - 4 Violation of the terms of this probation may constitute an independent basis for the 5 Commission to impose discipline, up to and including revocation of Mr. Moffitt's teaching license 6 subject to Mr. Moffitt’s right to a hearing on the issue of whether he violated probation. 7 Issued and dated this é f1‘ day of August, 2007. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 STATE OF OREGON 10 ‘ _ 11 y 12 ictoria Cha ' , Executive Director 13 Approv as to form: Q 14 15 ’H_\ 16 am Arms, OSB #010166 17. Attorney for Shane Alan Moffitt [072720071 Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - MOFFITT