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 SUSPENSION
5 PAUL DANE GIACOMELLI ) AND PROBATION
6 On or about September 28, 2006, the Teacher Standards and Practices Commission ‘
7 (Commission) received a report from Greg Thede, Superintendent, Klamath County School i
8 District, indicating that Paul Dane Giacomelli (Giacomelli) used his school computer to access
9 sexually explicit material on the Internet.
10 After review of the matters alleged, Mr. Giacomelli and the Commission agree that their
11 respective interests, together With the public interest, are best served by a stipulation to certain
12 facts and the imposition of a ninety (90) day suspension of Iicensure followed by tour (4) year
13 period of probation upon reinstatement of Licensure. Mr. Giacomelli understands that the
14 probation will be subject to specific conditions.
' This document sets forth the facts upon which the parties have agreed and the
16 stipulated sanction to be imposed. Mr. Giacomelli stipulates that there is sufficient evidence in
17 the Commission’s files and records to support the findings of fact, conclusions of law, and order
18 set forth below.
19 By signing below, Mr. Giacomelli acknowledges, understands, stipulates, and agrees to
20 the 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 0t Facts, Order of
23 Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a
24 public document and disclosed to the public upon request by theCommission; (iii) this
25 Stipulation and Final Order is contingent upon and subject to approval and adoption by the
26 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
" then neither Mr. Giacomelli nor the Commission are bound by the terms herein; (iv) he has fully
28 read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without
Page 1 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION ~GIACOMELLI

l 1 any force or duress, enters into this Stipulation and Final Order and consents to issuance and
. entry of the Stipulated Final Order below; (vi) he states that no promises or representation has
8 been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with
4 an attorney regarding this Stipulation and Final Order and has been fully advised with regard to
5 his rights thereto, or waives any and all rights to consult with an attorney prior to entering into
6 this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
7 This stipulation is contingent upon approval and adoption of the Order by the
8 Commission. If the Commission does not adopt this Order, neither Mr. Giacomelli nor the
9 Commission are bound by these Stipulations and Mr. Giacomelli retains all rights to a hearing
1O on the allegations.
11 STIPULATION 0F FACTS
12 1. Mr. Giacomelli has been licensed by the Commission since September of 1998. Mr.
13 Giacomelli holds a Basic Teaching License issued March 4, 2004, valid through March 5, 2007,
. with a Basic Language Arts Endorsement.
15 2. Mr. Giacomelli began contract employment with Klamath County School District on
16 August 24, 1998. Mr. Giacomelli served as a teacher at Brixner Junior High School until
17 resignation in lieu of termination on September 29, 2006.
18 3. A District-owned computer with Internet access was present in Mr. Giacomelli’s
19 classroom for his use in connection with his assigned responsibilities. The District has an
2O acceptable use policy. The Districts policy prohibits the use or attempted use of equipment for
21 Internet access of sexually explicit materials.
22 4. Mr. Giacomelli used his classroom computer periodically to access sexually explicit
23 materials through the District's Internet connection in violation of District policy regarding
24 Internet use.
25 /// '
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27 ///
Page 2 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -GIACOMELLI

1 IT IS SO STIPULATED ND AGREED TO: Q53)
3 Paul Dane Giacomelli Date
4
5 MW M
6 ictoria Cham in, Executive Director Date
7 Teacher Standards and Practices Commission
8 ULTIMATE FINDING OF FACT
9 Paul Dane Giacomelli used the computer equipment owned by his employer, Klamath
1O County School District, located on school premises, to access sexually explicit materials. Mr.
11 Giacomelli was fully aware that accessing such materials at the workplace using a District
12 owned computer was inappropriate and in violation of District policy.
13 CONCLUSION 0F LAW
14 Paul Dane Giacomelli‘s inappropriate use of a District computer constitutes Gross
Neglect of Duty in violation of OAR 584-020-0040(4)(q). The Commission has the authority to
‘S impose discipline in this matter under ORS 342.120 through ORS 342.430 and OAR Chapter
17 584.
18 FINAL ORDER
19 The Commission adopts and incorporates herein the above findings of fact and
20 conclusion of law, based thereon, hereby suspends the Basic Teaching License of Paul Dane
21 Giacomelli for a period of ninety (90) days effective January 11, 2007. At the end 0t this
22 . suspension period Mr. Giacomelli’s Initial Teaching License will be reinstated upon:
2S 1. Submission of a complete application and fees pursuant to OAR 584-050-0015(3);
24 and
25 2. Submission of documentation that he has undergone an evaluation by a
26 psychotherapist or medical professional acceptable to the Commission, and the evaluator ,
7 submits a written report to the Commission attesting (a) Mr. Giacomelli is tit to work with
Q8 children and teenagers, and (b) there is a high probability he will not use school district
Page 3 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -GIACOMELLI

1 equipment to access sexually explicit materials or engage in similar inappropriate behavior. Any
' costs associated with the assessment or treatment will be the responsibility of Mr. Giacomelli.
3 Upon the reinstatement of Iicensure, Mr. Giacomelli shall be placed on probation by the
4 Commission for a period of four (4) years, subject to the following conditions:
5 a. Mr. Giacomelli shall substantially comply with any treatment or counseling as
6 recommended by the individual who completed the evaluation described above. Mr. Giacomelli
7 shall authorize and sign any consent forms as necessary for the treatment provider or counselor
8 to furnish records to or discuss Mr. Giacomelli’s treatment with the Commission.
9 b. Mr. Giacomelli shall comply with all Standards for Competent and Ethical
10 Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584, Division
11 020.
12 c. Mr. Giacomelli shall provide information as requested by the Commission to verify that
13 he has complied with the conditions of probation, including a statement from a future employing
. district that he has complied with the Standards for Competent and Ethical Performance of
15 Oregon Educators.
16 Violation of the terms 0t this probation may constitute an independent basis for the
17 Commission to impose discipline, up to and including revocation of Mr. Giacomelli’s teaching
18 license subject to Mr. Giacomelli’s right to a hearing on the issue of whether he violated
19 probation.
20 Issued and dated this i day of January, 2007.
21 TEACHER STANDARDS AND PRACTICES COMMISSION
22 STATE OF OREGON
23 2;; g
24 By fl '
25 ictoria Cham an, Executive Director
26 Approved a t f rryl:
7 l/dtfo 7
695 Ralp Wiser OSB# 81423 I
30 Attorney for Paul Dane Giacomelli [121306]
Page 4 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -GIACOMELLI