1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMiSSION g .2 OF THE STATE OF OREGON .' FEB 1 1 2004 3 In the Matter ofthe \ Case No. 112552 i . ~ ' ' .1 j Teaching License of 1.1:: . " J . , , ', .5 4 STIPULATION OF FACTS, PUBLIC ROBERT LESLIE JONES REPRIMAND AND ORDER OF PROBATION 5 6 On March 21, 2003, the Superintendent of the Baker School District sent a report to the 7 Teacher Standards and Practices (Commission) stating that Robert Leslie Jones may have 8 violated Commission standards in connection with his interactions with certain employees of the 9 district. 10 Following a preliminary investigation, the Commission issued a Notice of Opportunity 11 for hearing to Mr. Jones on October 14, 2003. Mr, Jones requested a hearing. 12 After a review of the matters alleged, Mr. Jones and the Commission agreed that their Q3 respective interests together with the public interest, are best served by a stipulation to certain 14 facts and the imposition of a public reprimand and order of probation. 15 This Order sets forth the facts upon which the parties have agreed and the sanction to be 16 imposed. In entering into this Stipulation, Mr. Jones waives the right to a hearing to contest the 1.7 findings éf fact, conclusions of law and orders set forth below. l8 This Stipulated Order is contingent upon approval and adoption by the full Commission. 19 If the Commission does not adopt this Order, neither Mr. Jones nor the Commission are bound 20 by any stipulations or other matters contained herein, and Mr. Jones shall retain all rights to a 21 hearing to contest the allegations in the Notice. 22 23 ‘age l — STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER OF PROBATION- ROBERT LESLIE JGMidméfifgiiz 1 STIPULATION OF FACTS .2 Mr. Jones and the Commission stipulate to the following facts: 3 1. Mr. Jones holds a Basic Oregon Teaching License with a basic handicapped 4 learner endorsement. He has been employed as a special education teacher with the Baker School 5 District since 1998. 6 2. During the period from approximately September 2001 until March 2003, Mr. 7 Jones on several occasions made sexually inappropriate comments, touched and massaged the 8 shoulders, and patted the buttocks of a female educational assistant who was assigned to his 9 classroom. Mr. J ones’s conduct was unsolicited and unwelcome and had the effect of creating an 10 intimidating, hostile and offensive work environment. 11 3. From September 2000 until March 2003, Mr. Jones on various occasions made 12 sexually inappropriate comments, touched and massaged the shoulders and patted the buttocks of .3 a female secretary who was assigned to the elementary school where Mr. Jones was teaching. 14 Mr. J ones’s conduct was unsolicited and unwelcome and had the effect of creating an 15 intimidating, hostile and offensive work environment. 16 4. After receiving complaints from co-workers, the school district conducted an 17 investigation of Mr. J ones’s conduct. It concluded that Mr. Jones had violated district policy on 18 sexual harassment and professional standards of the Commission. The district suspended Mr. 19 Jones for five days without pay, placed him on a plan of assistance, required Mr. Jones to 20 undergo a psychological evaluation and training in the areas of professional boundaries with co- 21 workers and students, and transferred Mr. Jones to another school within the district. The district 22 also placed Mr. Jones on an “intensive assistance plan” which required Mr. Jones not to be alone 23 . with females in a room unless students or another adult is present, not to make comments to c0- ’)age 2 - STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER OF PROBATION- ROBERT LESLIE JGM:rd1\GEII?Il\giASlZ 1 workers about their appearance or other comments of a personal nature, and not to have physical ‘2 contact with co-workers. 3 5. Mr. Jones underwent a psychological evaluation by Dwight D. Mowry, Ph.D. The 4 evaluation was followed by counseling and training in the area of professional boundaries. Dr. 5 Mowry concluded that Mr. Jones understands and can be expected to observe appropriate 6 personal and professional boundaries with co-workers and students in the future. 7 6. The Commission has received a letter from Baker School District Superintendent, 8 Don Ulrey. Mr. Ulrey stated that the district supports Mr. Jones and does not believe that further 9 punishment is necessary to impress upon him the gravity of the situation and the importance of 10 not repeating sexually harassing behavior. Mr. Ulrey stated that Mr. Jones had complied With all ll directives of the school district and expressed the opinion that Mr. Jones had committed himself 12 to learning from the experience and becoming a better teacher and co-worker. Mr. Ulrey urged .3 on behalf of the district that the Commission consider a sanction which does not include a 14 suspension of Mr. J ones’s teaching license. 15 ,7 I’ i ' f x ' “i z , 16 [5;ng g3; ire/'0‘! Robert Leslie Jones Date l7 18 / . . ' / . 4: WL/ LQ'QC) .67 é l9 ictoria Ch ber 'n, Executive Director Date Teacher Standards and Practices Commission 20 21 22 23 .age 3 — STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER OF PROBATION- ROBERT LESLIE JONES JGM:rd1\GEN10142 l '2 CONCLUSIONS OF LAW 3 1. Mr. Jones engaged in sexually inappropriate behavior in his interactions with a 4 female secretary at the school where he was teaching. This conduct constitutes gross neglect of 5 duty in violation of OAR 584-020-OO40(4)(1). 6 2. Mr. Jones engaged in socially inappropriate behavior in his interactions with a 7 female educational assistant who was assigned to his classroom. This conduct constitutes gross 8 neglect of duty in violation of OAR 585-020-0040(4)(l). 9 DISCUSSION 10 The Commission considers the conduct of Mr. Jones to be serious and normally a period 11 of suspension would be appropriate. However, the Commission also considers these factors: 12 Mr. Jones has received a brief suspension without pay from his employing school district; when .3 confronted with the complaint, Mr. Jones acknowledged his misconduct; Mr. Jones has 14 expressed remorse; Mr. Jones has fully complied with the assistance program imposed by the 15 district and has attended all required counseling; the school district has expressed support for Mr. 16 Jones and has urged the Commission to impose a sanction that would not require removal from 17 the classroom. Based on these considerations, the Commission will impose a public reprimand 18 and lengthy period of probation. 19 ORDER 20 The Commission imposes a public reprimand on Robert Leslie Jones, and this Order 21 shall serve as the public reprimand. 22 /// 23 /// ‘ .Jage 4 - STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER OF PROBATION- ROBERT LESLIE JGM:rd1\GEII(\:I)i\g)LlI:2 l The Commission places Mr. Jones on probation for a period of four years from the date '2 of this Order. During the period of probation, Mr. Jones shall not engage in sexually 3 inappropriate conduct with co-workers or students and shall comply with all Standards for 4 Competent and Ethical Performance of Oregon Educators under OAR 584 Division O20. 5 IT IS so ORDERED this é day 0%, 2004 6 TEACHER STAND S AND PRACTICES COMMISSION 7 8 Bysz ictoria Cha erlai ', Executive Director 9 Approved a o f : 10 it ' a/Wlt r Ralp er 12 Attorney for Robert Leslie Jones Q3 14 15 16 17 18 19 2O 21 22 ‘ 23 ' ‘age 5 - STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER OF PROBATION- ROBERT LESLIE JGM:rd1\GEI]8l\(I)ITASIZ