1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the ) STIPULATION OF FACTS,
5 Teaching License of ) . ORDER OF SUSPENSION
6 WILLIAM F. BAYNES ) AND PROBATION
g )
9 On or about December 6, 2000, prior to receiving a report from the District, William
10 Baynes‘ representative notified the Teacher Standards and Practices Commission
11 (Commission) of this matter and of his willingness to cooperate.
12 On or about December 8, 2000, the Commission notified William Baynes that a report
13 had been filed alleging that Mr. Baynes misused his school computer to access sexually explicit
14 material over the Internet. Len Arney, Assistant to the Superintendent, Springfield Public
15 Schools, submitted the report.
16 Mr. Baynes fuIIy cooperated with the Commission's investigation and did not contest the
17 allegations. After review of the matters alleged, Mr. Baynes and the Commission agree that
18 their respective interests, together with the public interest, are best served by a stipulation to
19 certain facts and the imposition 0f a ninety (90) day suspension, followed by a period of
20 probation of two (2) years. This Order sets forth the facts upon which the parties have agreed
21 and the sanction to be imposed. In entering into this stipulation, Mr. Baynes waives the right to
22 a hearing to contest the finding of fact, conclusion of law and order set forth below.
23 STIPULATION 0F FACTS I
24 1. Mr. Baynes holds a Basic Teaching License valid June 23, 1998 through September 1
25 14, 2001. He was employed by Springfield Public Schools from August 1981 to December 31, 1
26 2000, as a middle school, and for the last few years as a high school history teacher. He is 1
}27 highly regarded as an educator by his colleagues and students. 1
1
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION 1
I

. 1 2. Beginning in approximately 1996, a District-owned computer with Internet access was
2 present in Mr. Baynes’ classroom for his use in connection with his assigned responsibilities.
3 3. The District has a clearly defined, acceptable policy that has been in force for the past
4 two years. The District operates monitoring software to detect misuse by any user of the
5 network equipment regarding sexually explicit or pornography websites. The District’s policy
6 prohibits the use or attempted use of equipment for Internet access sexually explicit materials.
7 4. The District's screening software recorded that on multiple occasions during student
8 contact hours and non-student contact hours, Mr. Baynes used his classroom computer and
9 other computers in the building, to access sexually explicit materials through the District's
10 Internet connection in violation of District policy regarding Internet use. Mr. Baynes believes
11 that students were not exposed to these materials as a result of his activities.
12 5. Mr. Baynes admits that he should not have used the District computer for viewing
.13 sexually explicit materials and has expressed remorse for doing so.
14 6. Mr. Baynes has never denied his actions with the School District or TSPC. He has
15 accepted responsibility and acknowledges his mistake.
16 ULTIMATE FINDING OF FACT
17 William Baynes used the computer equipment owned by his employer, Springfield Public
18 Schools, located on school premises, to access sexually explicit materials during the past four
19 years. Mr. Baynes was fully aware that accessing such materials at the workplace 'with a
20 District owned computer was inappropriate and against District policy.
21 CONCLUSION OF LAW
22 William Baynes‘ activities constitute gross neglect of duty in violation of OAR 584-020- 1
23 OO40(4)(q).
24 This stipulation is contingent upon approval and adoption of the Order by the 1
'25 Commission. If the Commission does not adopt this Order, neither Mr. Baynes nor the
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

. 1 Commission are bound by these Stipulations and Mr. Baynes retains all rights to a hearing on
2 the allegations.
3 IT IS STIPULATED:
h ,
g #21045 /;1 £31121” [241242100
6 illia F. Ba r;es 1' Date
g QMQ1 ZZt/vfi-t/ / 4/411»
9 David V. Myton Executive irector Date
1O Teacher Standards and Practices Commission
11 ORDER
12 The Oregon Initial Teaching License of William Baynes is suspended for a period of
13 ninety (90) days beginning on January 1, 2001. At the end of this suspension period, Mr.
14 Baynes‘ teaching license will be reinstated upon complete application and showing by Mr.
15 Baynes that he has undergone an evaluation by a psychotherapist or medical professional
.16 acceptable to the Commission, and the evaluator submits a written report to the Commission
17 attesting (1) Mr. Baynes is fit to work with children and teenagers, and (2) there is a high
18 probability he will not use school district equipment to access sexually explicit materials or
19 engage in similar inappropriate behavior. Any costs associated with the assessment or
20 treatment will be the responsibility of Mr. Baynes.
21 Upon the reinstatement of his teaching license, Mr. Baynes shall be placed on probation
22 by the Commission for a period of two (2) years subject to the following conditions:
23 1. Mr. Baynes shall substantially comply with any treatment or counseling as
24 recommended by the individual who completed the evaluation described above. Mr. Baynes
25 shall authorize and sign any consent forms as necessary for the treatment provider or counselor
26 to furnish records to or discuss Mr. Baynes’ treatment with the Commission.
27 2. Mr. Baynes shall comply with all Standards for Competent and Ethical Performance
.28 under Chapter OAR 584, Division 020.
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

. 1 3. Mr. Baynes shall provide information as requested by the Commission to verify that
2 he has complied with the conditions of probation, including a statement from a future employing
3 district that he has complied with the Standards for Competent and Ethical Performance under
4 Chapter OAR 584, Division 020.

5 4. Violation of the terms of this probation may constitute an independent basis for the
6 Commission to impose discipline, up to and including revocation of Mr. Baynes’ teaching license
7 subject to Mr. Baynes‘ right to a hearing on the issue of whether he violated probation.
11.
8 Dated this & day of January 2001
9 TEACHER STANDARDS AND PRACTICES COMMISSION
1° (QM 1M
\
11 By: \].-,_.-~
12 David V. Myt n, Exe tive Director
13
'14 APPROVED AS TO FORM
16
17 Elizabeth McKanna OSB# 89306
18 Attorney for William F. Baynes
I
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION