1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
v OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS,
4 Teaching License of ) ORDER OF SUSPENSION
5 DALE BUCKENDAHL ) AND PROBATION
6 On or about November 1, 2002, the Teacher Standards and Practices
7 Commission (Commission) received a report from Linda Borquist, Associate
8 Superintendent for Human Resources, Beaverton School District indicating that the
9 District reprimanded Dale Buckendahl for failure to maintain appropriate student-teacher
10 boundaries.
11 Mr. Buckendahl fully cooperated with the Commission's investigation. After
12 review of the matters alleged, Mr. Buckendahl and the Commission agree that their
13 respective interests, together with the public interest, are best served by a stipulation to
' certain facts and the imposition of a thirty (30) day suspension of his teaching license
15 followed by a period of probation of four (4) years upon reinstatement of licensure.
16 This Order sets forth the facts upon which the parties have agreed and the
17 sanction to be imposed. Mr. Buckendahl stipulates that there are sufficient facts
18 contained in the Commission's files and records to support the findings of fact and
19 conclusions of law set forth below. In entering into this stipulation, Mr. Buckendahl
20 waives the right to a hearing to contest the findings of fact, conclusions of law and order
21 set forth below. Mr. Buckendahl understands that the probation will be subject to
22 specific conditions.
23 This stipulation is contingent upon approval and adoption of the Order by the
24 Commission. If the Commission does not adopt this Order, neither Mr. Buckendahl nor
‘ the Commission are bound by these stipulations, and Mr. Buckendahl retains all rights
26 to a hearing on the allegations.
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION- BUCKENDAHL

1 STIPULATION OF FACTS
.2 1. Mr. Buckendahl holds a Basic Teaching License most recently issued October
3 14, 2002, valid through June 22, 2006.
4 2. Mr. Buckendahl is employed by the Beaverton School District as a teacher at
5 Barnes Elementary School.
6 3. Mr. Buckendahl attempted to use his classroom computer on October 17,
7 2002, to access sexually explicit materials through the District's Internet connection in
8 violation of District policy regarding Internet use. The District filter program blocked his
9 activities.
10 4. On October 17, 2002, the District issued a Letter of Reprimand to
11 Mr. Buckendahl for inappropriate email correspondence with students, giving gifts,
12 sending notes and cards to students, and inappropriate physical contact with former
0 Barnes Elementary students currently participating in a Future Teachers program.
14 IT IS SO STIPULATED; f ._
15 77;, / é, g: . a é Z? 3% 5w?
16 / e Bucke dahl Date
17 1 /
18 é’, Q Vol
19 ictoria Ch mberl'n, Exe tive Director Date
20 Teacher Sta = - ds and Pr ctices Commission
21 CONCLUSIONS OF LAW
22 Dale Buckendahl’s inappropriate use of a district computer constitutes Gross
23 Neglect of Duty in violation of OAR 584-020-0040(4)(q). Dale Buckendahls conduct
24 towards students at Barnes Elementary School violated OAR 584-020-0040(4)(f), by
25 creating an intimidating, hostile, and offensive educational environment. The
Q Commission's authority to impose discipline in this matter is based upon ORS 342.175.
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION- BUCKENDAHL

1 ORDER
‘ The Commission adopts the above findings of fact and suspends the Oregon
3 Iicensure of Dale Buckendahl for a period of thirty (30) days effective August 8, 2003.
4 At the end of the suspension period Mr. Buckendahl may apply for reinstatement of
5 licensure provided he meet the following conditions:
6 1. Submission of a complete application and fees pursuant to OAR 584-050-
7 0015(3); and
8 2. Submission of documentation that he has undergone an evaluation by a
9 psychotherapist or medical professional acceptable to the Commission, and the
10 evaluator submits a written report to the Commission attesting (a) Mr. Buckendahl is fit
11 to work with children and teenagers, and (b) there is a high probability he will not use
12 school district equipment to access sexually explicit materials or engage in similar
. inappropriate behavior. Any costs associated with the assessment or treatment will be
14 the responsibility Of Mr. Buckendahl.
15 3. Submission of documentation that he has completed (at his own expense), an
16 intensive education program regarding appropriate boundaries with students, including
17 sexual harassment education conducted by a qualified trainer approved in advance by -
18 the Commission. This intensive training shall consist of, at least eight (8) contact hours.
19 Mr. Buckendahl shall provide the trainer with a copy of the Order. The program trainer
2O shall provide the Commission with a report of successful program completion.
21 Upon the reinstatement of Iicensure, Mr. Buckendahl shall be placed on
22 probation by the Commission for a period of four (4) years subject to the conditions that:
23 1. Mr. Buckendahl shall substantially comply with any treatment or counseling as
.t recommended by the individual who completed the evaluation described above.
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION- BUCKENDAHL

1 2. Mr. Buckendahl shall sign a consent form authorizing the Commission to
' request, and the treatment provider or counselor to provide, a written summary report,
3 as necessary, verifying Mr. Buckendahl’s continued compliance with treatment
4 requirements.
5 3. Mr. Buckendahl shall comply with all Standards for Competent and Ethical
6 Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584,
7 Division 020.
8 4. Mr. Buckendahl shall provide information as requested by the Commission to
9 verify that he has complied with the conditions of probation, including a statement from
10 a future employing district that he has complied with the Standards for Competent and
11 Ethical Performance of Oregon Educators.
12 Violation of the terms of this probation may constitute an independent basis for
. the Commission to impose discipline, up to and including revocation of
14 Mr. Buckendahl’s teaching license subject to Mr. Buckendahl’s right to a hearing on the
15 issue of whether he violated probation.
16 IT IS SO ORDERED this fiday of August, 2003
17 TEACHER STANDARDS AND PRACTICES COMMISSION
18
19 By: Mflll/IAAL // '
20 Victoria Cha Win, Executive Director
21 APPROVED AS TO FORM
22 ¥
23 MM
24 Aruna a ih, OSB #97324
25 Attorney for Dale Buckendahl [061203]
O
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION- BUCKENDAHL

1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
v OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS,
4 Teaching License of ) ORDER OF SUSPENSION
5 DALE BUCKENDAHL ) AND PROBATION
6 On or about November 1, 2002, the Teacher Standards and Practices
7 Commission (Commission) received a report from Linda Borquist, Associate
8 Superintendent for Human Resources, Beaverton School District indicating that the
9 District reprimanded Dale Buckendahl for failure to maintain appropriate student-teacher
10 boundaries.
11 Mr. Buckendahl fully cooperated with the Commission's investigation. After
12 review of the matters alleged, Mr. Buckendahl and the Commission agree that their
13 respective interests, together with the public interest, are best served by a stipulation to
' certain facts and the imposition of a thirty (30) day suspension of his teaching license
15 followed by a period of probation of four (4) years upon reinstatement of licensure.
16 This Order sets forth the facts upon which the parties have agreed and the
17 sanction to be imposed. Mr. Buckendahl stipulates that there are sufficient facts
18 contained in the Commission's files and records to support the findings of fact and
19 conclusions of law set forth below. In entering into this stipulation, Mr. Buckendahl
20 waives the right to a hearing to contest the findings of fact, conclusions of law and order
21 set forth below. Mr. Buckendahl understands that the probation will be subject to
22 specific conditions.
23 This stipulation is contingent upon approval and adoption of the Order by the
24 Commission. If the Commission does not adopt this Order, neither Mr. Buckendahl nor
‘ the Commission are bound by these stipulations, and Mr. Buckendahl retains all rights
26 to a hearing on the allegations.
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION- BUCKENDAHL

1 STIPULATION OF FACTS
.2 1. Mr. Buckendahl holds a Basic Teaching License most recently issued October
3 14, 2002, valid through June 22,2006.
4 2. Mr. Buckendahl is employed by the Beaverton School District as a teacher at
5 Barnes Elementary School.
6 3. Mr. Buckendahl attempted to use his classroom computer on October 17,
7 2002, to access sexually explicit materials through the District's Internet connection in
8 violation of District policy regarding Internet use. The District filter program blocked his
9 activities.
10 4. On October 17, 2002, the District issued a Letter of Reprimand to
11 Mr. Buckendahl for inappropriate email correspondence with students, giving gifts,
12 sending notes and cards to students, and inappropriate physical contact with former
0 Barnes Elementary students currently participating in a Future Teachers program.
14 IT IS SO STIPULATED; f ._
15 77;, / é, g: . a é Z? 3% 5w?
16 / e Bucke dahl Date
17 I /
18 é’, Q Vol
19 ictoria Ch mberl'n, Exe tive Director Date
20 Teacher Sta = - ds and Pr ctices Commission
21 CONCLUSIONS OF LAW
22 Dale Buckendahl’s inappropriate use of a district computer constitutes Gross
23 Neglect of Duty in violation of OAR 584-020-0040(4)(q). Dale Buckendahl’s conduct
24 towards students at Barnes Elementary School violated OAR 584-020-0040(4)(f), by
25 creating an intimidating, hostile, and offensive educational environment. The
Q Commission's authority to impose discipline in this matter is based upon ORS 342.175.
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION- BUCKENDAHL

1 ORDER
‘ The Commission adopts the above findings of fact and suspends the Oregon
3 Iicensure of Dale Buckendahl for a period of thirty (30) days effective August 8, 2003.
4 At the end of the suspension period Mr. Buckendahl may apply for reinstatement of
5 Iicensure provided he meet the following conditions:
6 1. Submission of a complete application and fees pursuant to OAR 584-050-
7 0015(3); and
8 2. Submission of documentation that he has undergone an evaluation by a
9 psychotherapist or medical professional acceptable to the Commission, and the
10 evaluator submits a written report to the Commission attesting (a) Mr. Buckendahl is fit
11 to work with children and teenagers, and (b) there is a high probability he will not use
12 school district equipment to access sexually explicit materials or engage in similar
. inappropriate behavior. Any costs associated with the assessment or treatment will be
14 the responsibility Of Mr. Buckendahl.
15 3. Submission of documentation that he has completed (at his own expense), an
16 intensive education program regarding appropriate boundaries with students, including
17 sexual harassment education conducted by a qualified trainer approved in advance by -
18 the Commission. This intensive training shall consist of, at least eight (8) contact hours.
19 Mr. Buckendahl shall provide the trainer with a copy of the Order. The program trainer
2O shall provide the Commission with a report of successful program completion.
21 Upon the reinstatement of Iicensure, Mr. Buckendahl shall be placed on
22 probation by the Commission for a period of four (4) years subject to the conditions that:
23 1. Mr. Buckendahl shall substantially comply with any treatment or counseling as
.I recommended by the individual who completed the evaluation described above.
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION- BUCKENDAHL

1 2. Mr. Buckendahl shall sign a consent form authorizing the Commission to
' request, and the treatment provider or counselor to provide, a written summary report,
3 as necessary, verifying Mr. Buckendahl’s continued compliance with treatment
4 requirements.
5 3. Mr. Buckendahl shall comply with all Standards for Competent and Ethical
6 Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584,
7 Division 020.
8 4. Mr. Buckendahl shall provide information as requested by the Commission to
9 verify that he has complied with the conditions of probation, including a statement from
10 a future employing district that he has complied with the Standards for Competent and
11 Ethical Performance of Oregon Educators.
12 Violation of the terms of this probation may constitute an independent basis for
. the Commission to impose discipline, up to and including revocation of
14 Mr. Buckendahl’s teaching license subject to Mr. Buckendahl’s right to a hearing on the
15 issue of whether he violated probation.
16 IT IS SO ORDERED this fiday of August, 2003
17 TEACHER STANDARDS AND PRACTICES COMMISSION
18
19 By: Mflll/IAAL // '
20 Victoria Cha Win, Executive Director
21 APPROVED AS TO FORM
22 ¥
23 MM
24 Aruna a ih, OSB #97324
25 Attorney for Dale Buckendahl [061203]
O
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION- BUCKENDAHL