1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Q OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS. 4 Teaching License of ) ORDER OF SUSPENSION 5 ANDREW DON FARLOW ) AND PROBATION 6 On 0r about February 2, 2005, the Teacher Standards and Practices 7 Commission (Commission) received a report from Jay Rowell, Superintendent, La 8 Grande Public Schools, indicating that Andrew Don Farlow (Farlow) used his school 9 computer to access sexually explicit material on the Internet during school time. 1O After review of the matters alleged, Mr. Farlow and the Commission agree that 11 their respective interests, together with the public interest, are best served by a 12 stipulation to certain facts and the imposition of a ninety (90) day suspension 0f 13 licensure followed by three (3) year period of probation upon reinstatement of Iicensure. ' This Order sets forth the facts upon which the parties have agreed and the 15 sanction to be imposed. Mr. Farlow stipulates that there are sufficient facts contained in 16 the Commission's files and records to support the findings of fact and conclusions of law 17 set forth below. In entering into this stipulation, Mr. Farlow waives the right to a hearing 18 to contest the findings of fact, conclusions of law and Order set forth below. Mr. Farlow 19 understands that the probation will be subject to specific conditions. 20 This stipulation is contingent upon approval and adoption of the Order by the 21 Commission. If the Commission does not adopt this Order, neither Mr. Farlow northe 22 Commission are bound by these stipulations and Mr. Farlow retains all rights to a 23 hearing on the allegations. O Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - FARLOW 1 STIPULATION OF FACTS Q 1. Mr. Farlow holds an Initial Teaching License with a Physical Education 8 Endorsement, issued January 12, 2004, valid through June 9, 2007. 4 2. Mr. Farlow began employment with the La Grande Public Schools in January 5 2002. Mr. Farlow resigned his teaching position effective February 17, 2005. I 6 3. A district-owned computer with Internet access was present in Mr. Farlow’s 7 classroom for his use in connection with his assigned duties. The district has a clearly 8 defined, acceptable (computer) use policy. The district's policy prohibits the use or 9 attempted use of equipment for Internet access of sexually explicit materials. 10 4. Mr. Farlow used his classroom computer through the 2002-2003 school year 11 to access sexually explicit materials through the district's Internet connection in violation 12 of district policy regarding Internet use. ‘ IT Is so STIPULATED: 14, 4,264, ,1; 1g, ‘ £224, 2 714105 15 Andw Ion Farlo ' Date 16 L_____W 17 Victoria Cham in, Executive Director Date 18 Teacher Standards and Practices Commission 19 ULTIMATE FINDING OF FACT 20 Andrew Don Farlow used the computer equipment owned by his employer, La 21 Grande Public Schools, located on school premises, to access sexually explicit 22 materials. Mr. Farlow was fully aware that accessing such materials at the workplace 23 using a District owned computer was inappropriate and in violation of District policy. 24 /// ‘ // / 26 /// Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - FARLOW ; 1 CONCLUSION OF LAW Q Andrew Don Farlow’s inappropriate use of a district computer constitutes Gross 3 Neglect of Duty in violation of OAR 584-020-0040(4)(q). The Commission’s authority to 4 impose discipline in this matter is based upon ORS 342.175. 5 ORDER 6 Andrew Don Farlow‘s Initial Teaching License is suspended for a period of ninety i 7 (90) days effective the date of this signed Order. At the end of this suspension period, ‘ 8 Mr. Farlow’s Initial Teaching License will be reinstated upon the following conditions: 9 1. Submission of a complete application and fees pursuant to OAR 584-050- 10 0015(3); and 11 2. Submission of documentation that he has undergone an evaluation by a 12 psychotherapist or medical professional acceptable to the Commission, and the ’ evaluator submits a written report to the Commission attesting: (a) Mr. Farlow is fit to 14 work with children and teenagers; and (b) there is a high probability he will not use 15 school district equipment to access sexually explicit materials or engage in similar 16 inappropriate behavior in the future. Any costs associated with the assessment or 17 treatment will be Mr. Farlow‘s responsibility. 18 Upon the reinstatement of Iicensure, Mr. Farlow shall be placed on probation by 19 the Commission for a period of three (3) years, subject to the following conditions: 20 1. Mr. Farlow shall substantially comply with any treatment or counseling as 21 recommended by the individual who completed the evaluation described above. 22 Mr. Farlow shall authorize and sign any consent forms as necessary for the treatment 23 provider or counselor to furnish records to or discuss Mr. Farlow’s treatment with the ' Commission. Page 3 STIPULATION OF FACTS, ORDER 0F SUSPENSION AND PROBATION - FARLOW 1 2. Mr. Farlow shall comply with all Standards for Competent and Ethical Q Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584, ‘ 3 Division 020. 4 3. Mr. Farlow shall provide information annually from the date of this signed 5 Order as requested by the Commission to verify that he has complied with the 6 conditions of probation, including a statement from a future employing district that he 7 has complied with the Standards for Competent and Ethical Performance of Oregon 8 Educators. 9 Violation of the terms of this probation may constitute an independent basis for 10 the Commission to impose discipline, up to and including revocation of Mr. Farlow’s 11 teaching license subject to Mr. Farlow‘s right to a hearing on the issue of whether he 12 violated probation. Q IT Is so ORDERED this i day of August, 2005. 14 TEACHER STANDARDS AND PRACTICES COMMISSION 15 f 16 Byil 1422!?sz g 2 gyflC/dZZ/fla'I/I 17 Ictoria Cha erl 'n, Executive Director 18 19 Approved as to form: ~ 20 MM 21 Aruna A. asih, OSB#97324 22 Attorney for Andrew Don Farlow [0524051 O Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - FARLOW