'I 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 ) ORDER OF SUSPENSION 5 ROBERT WILLIAM BATEASE ) AND PROBATION 6 On or about April 22, 2005, the Teacher Standards and Practices Commission 7 (Commission) received a report from Newell G. Cleaver, Superintendent, John Day School 8 District indicating on March 17, 2005, the Umatilia County Sheriffs Office executed a warrant 9 seizing a District computer used by Robert William Batease (Batease). 1O Robert Batease fully cooperated with the Commission's investigation. After review of the 11 matters alleged, Mr. Batease and the Commission agree that their respective interests, together 12 with the public interest, are best served by a stipulation to certain facts and the imposition of a 13 ninety (90) day suspension of licensure followed by a four (4) year period of probation upon 14 reinstatement of licensure. 5 This Order sets forth the facts upon which the parties have agreed and the sanction to ‘3 be imposed. Mr. Batease stipulates that there are sufficient facts contained in the 17 Commission's files and records to support the findings of fact and conclusions of law set forth 18 below. In entering into this stipulation, Mr. Batease waives the right to a hearing to contest the 19 findings of fact, conclusions of law and order set forth below. Mr. Batease understands that the 20 probation will be subject to specific conditions. 21 This stipulation is contingent upon approval and adoption of the Order by the 22 Commission. If the Commission does not adopt this Order, neither Mr. Batease nor the 23 Commission are bound by these Stipulations and Mr. Batease retains all rights to a hearing on 24 the allegations. 25 STIPULATION OF FACTS 26 1. Mr. Batease has been licensed by the Commission since May 3, 1995. O Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - BATEASE 1 Mr. Batease holds a Standard Teaching License with a Standard Social Studies Endorsement 2 issued September 28, 2004, valid through December 21, 2009. ‘3 2. Mr. Batease taught social studies for the Ukiah School District from September 1995 4 through June of 2004. There were no complaints against Mr. Batease during his employment 5 with Ukiah School District and his teaching evaluations were positive. 6 3. ln June of 2004, Mr. Batease accepted a teaching position for the John Day School 7 District. There were no complaints filed against Mr. Batease during his employment with John 8 Day School District and his teaching evaluations were positive. Mr. Batease resigned in lieu of 9 termination for violation of the District's technology policies on April 13, 2005. 1O 4. On March 16, 2005, the Umatilia County Sheriffs Office investigated Mr. Batease for 11 alleged criminal conduct involving a female student who attended Ukiah High School during the 12 2003-2004 school year. On July 28, 2005, the Umatilia County District Attorney declined 13 prosecution; Mr. Batease was not charged with commission of a crime. ‘I 5. The Umatilia County Sheriffs Office investigation report revealed that in June of .0 2004, Mr. Batease sent a female student who recently graduated from Ukiah High School an 16 overly personal letter that had romantic overtones. The investigation also revealed that Mr. 17 Batease sent overly personal email to the same former student using a John Day School District 18 computer and allowed the former student to send him email containing vulgar and sexually 19 explicit language. Mr. Batease did not discourage the former student's use of vulgar and 20 sexually explicit language. 21 IT IS O STIPULATED: 23 Rob illiam B te se ‘ Date 24 MM!” tit/"02‘ _— 25 Victoria C rlain, Executive Director Date 26 Teacher Standards and Practices Commission 27 /// .s /// Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - BATEASE 1 CONCLUSION 0F LAW ‘2 Robert William Batease failed to maintain an appropriate professional student-teacher 3 relationship with a female student during the 2003-2004 school year by demonstrating and 4 expressing a professionally inappropriate interest in a student's personal life in violation of OAR 5 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(1)(c). Mr. Batease used the 6 computer and internet connection owned by his employer, John Day School District to send and 7 receive inappropriate personal email messages in violation of OAR 584-020-0040(4)(b). 8 Mr. Batease was fully aware that his use of District owned computer equipment and 9 employment time for personal purposes was inappropriate and in violation of District policy. 1O Mr. Bateases behavior in these matters constitutes Gross Neglect of Duty. The Commission's 11 authority to impose discipline in this matter is based upon ORS 342.175. 12 ORDER 13 Robert William Bateases Standard Teaching License is suspended for a period of ninety ‘I (90) days effective on May 11, 2006. At the end of this suspension period, Mr. Batease's l5 Standard Teaching License wilI be reinstated upon: 16 1. Submission of a complete application and fees pursuant to OAR 584-050-0015(3); 17 and 18 2. Submission of documentation that he has undergone an evaluation by a 19 psychotherapist or medical professional acceptable to the Commission. and the evaluator 20 submits a written report to the Commission attesting (a) Mr. Batease is fit to work with children 21 and teenagers, and (b) there is a high probability he will maintain appropriate student-teacher 22 relationships in the future. Any costs associated with the assessment or treatment will be the 23 responsibility of Mr. Batease. 24 Upon the reinstatement of licensure, Mr. Batease shall be placed on probation by the 25 Commission for a period of four (4) years, subject to the following conditions: O Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION ~ BATEASE 1 1. Mr. Batease shall substantially comply with any treatment or counseling as .2 recommended by the individual who completed the evaluation described above. 3 Mr. Batease shall authorize and sign any consent forms as necessary for the treatment provider 4 or counselor to furnish records to or discuss Mr. Batease’s treatment with the Commission. 5 2. Mr. Batease shaII comply with all Standards for Competent and Ethical Performance 6 of Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020. 7 3. Mr. Batease shalt provide information as requested by the Commission to verify that 8 he has complied with the conditions of probation, including a statement from a future employing 9 district that he has complied with the Standards for Competent and Ethical Performance of 10 Oregon Educators. 11 Violation of the terms of this probation may constitute an independent basis for the 12 Commission to impose discipline, up to and including revocation of Mr. Batease’s teaching 13 license subject to Mr. Batease’s right to a hearing on the issue of whether he violated probation. ‘t IT IS SO ORDERED this AS; day of May, 2006. I 15 TEACHER STANDARDS AND PRACTICES COMMISSION 16 , /< >\ A 7 17 By: \Z/Z%% ‘£22; {42/2 Zak/Z‘ 18 Victoria Cham er ' , Executive Director 19 Approved as t : 20 i g 21 "0"“ 22 Adam S. Arms, OSB#01018 23 Attorney for Robert William Batease [0413061 O Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - BATEASE