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 LARRY LEON FRENCH ) AND PROBATION 6 On March 21, 2006, the Teacher Standards and Practices Commission (Commission) 7 received a report from Mark Burrows, Superintendent, Morrow County School District indicating 8 that Larry Leon French (French) used his school computer to send unauthorized emails to 9 associates. 10 Mr. French fully cooperated with the Commission’s investigation in this matter. After 11 review of the matters alleged, Mr. French and the Commission agree that their respective 12 interests, together with the public interest, are best served by a stipulation to certain facts, a 13 reprimand followed by a three (3) year probation. Mr. ‘French understands that the probation will 14 be subject to specific terms and conditions. This document sets forth the facts upon which the parties have agreed and the ‘6 stipulated sanction to be imposed. Mr. French 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 18 forth below. 19 By signing below, Mr. French acknowledges, understands, stipulates, and agrees to the 20 following: ( i) he has been fully advised of his rights to notice and a hearing to 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, Final Order 23 of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is 24 a public document and disclosed to the public upon request by the Commission; (iii) this 25 Stipulation and Final Order is contingent upon and subject t0 approval and adoption by the 26 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, i then neither Mr. French nor the Commission are bound by the terms herein; (iv) he has fully Page 1 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - FRENCH 1 read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without ' any force or duress, enters into this Stipulation and Final Order and consents to issuance and 3 entry of the Stipulated Final Order below; (vi) he states that no promises or representation has 4 been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with 5 an attorney regarding this Stipulation and Final Order and has been fully advised with regard to 6 his rights thereto, or waives any and all rights to consult with an attorney prior to entering into 7 this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 8 STIPULATION OF FACTS 9 1. The Commission licensed Larry Leon French beginning January 12, 1970. Mr. 1O French holds a Standard Teaching License issued March 5, 2006, valid until March 4, 2011, 11 with Basic Physical Education, Basic Social Studies and Standard Health Education 12 Endorsements. 13 2. A District-owned computer with Internet access was present in Mr. French classroom for his use in connection with his assigned responsibilities. The District has an acceptable use Q policy. The District's policy prohibits the use or attempted use of equipment for sending 16 “questionable” emails to staff members. 17 3. In the fall of 2005, Mr. French was reprimanded by the District for improper use of the 18 Internet when he sent “questionable” emails, with pictures to staff members. District records 19 indicate that Mr. French used his classroom computer on February 27‘h and 28"‘, March 2"d and 20 14‘h to send another email containing “degrading photos" to staff members in violation of District 21 policy regarding Internet use. 22 IT IS SO STIPULATED AND AGREED T0: 23 @MM -72‘? 74% 24 L ., £0 ren I/ Date ' 25W M 26 ictoria - - win, Executive Director Date 27 Teacher Stanards and Practices Commission ' / // Page 2 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - FRENCH 1 ULTIMATE FINDING 0F FACT . Larry Leon French used the computer equipment owned by his employer, Morrow 3 School District, located on school premises, to send “questionable” emails to staff members. 4 Mr. French was fully aware that sending these emails to staff members at the workplace using a 5 District owned computer was inappropriate and in violation of District policy 6 CONCLUSIONS OF LAW 7 Larry Leon French’ inappropriate use of a District computer constitutes Gross Neglect of 8 Duty in violation of OAR 584-020-0040(4)(q). The Commission has the authority to Impose 9 discipline in this matter is based upon ORS 342.120 through 342.430 and OAR Chapter 584, 1O FINAL ORDER 11 The Commission hereby adopts and incorporates herein the above findings of fact and 12 conclusions of law and hereby imposes a Public Reprimand on Larry Leon French. This Order 13 shall serve as the Public Reprimand. ‘ Furthermore, the Commission places Mr. French on Probation for a period of three (3) 15 years probation subject to the following terms and conditions: 16 1. Mr. French shall comply with the Standards for Competent and Ethical Performance 17 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. 18 Violation of any term or condition of probation shall constitute an independent basis for 19 the Commission to revoke Mr. French’ teaching license or otherwise impose discipline, after first 20 providing Mr. French with notice and opportunity for hearing. 21 Issued and dated this é__ day of November, 2006. 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 STATE OF OREGON 25 By 26 ictoria Ch Iain, Executive Director [0131061 O Page 3 ~ STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - FRENCH