WEE-55%;» 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION JUL 3 0 20m 2 OF THE STATE OF OREGON Lilia Standards & FE“ 15m giiglgjrmssion 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF SUSPENSION 5 DOUGLAS TODD KARTUB ) AND PROBATION £73 On or about January 23, 2009, the Teacher Standards and Practices 8 Commission (Commission) received a report indicating possible inappropriate conduct 9 by Douglas Todd Kartub (Kartub), an educator in the Fern Ridge School District. ‘ 10 After review of the matters alleged, Mr. Kartub 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 30-day suspension of Mr. Kartub’s 13 Standard Administrative License as well as a four (4) year probation of this license. 14 By signing below, Mr. Kartub acknowledges, understands, stipulates, and agrees 15 to the following: (i) he has been fully advised of his rights to notice and a hearing to 16 contest the findings of fact, conclusions of law, and order set forth below, and fully and 17 finally waives all such rights and any rights to appeal or otherwise challenge this 18 Stipulation of Facts and Final Order of Suspension and Probation (Stipulation and Final 19 Order); (ii) this Stipulation and Final Order is a public document and disclosed to the i 20 public upon request to the Commission; (iii) this Stipulation and Final Order is contingent 21 upon and subject to approval and adoption by the Commission. If the Commission does 22 not approve and adopt this Stipulation and Final Order, then neither Mr. Kartub nor the 23 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 24 Final Order, and understands it completely; (v) he voluntarily, without any force or 25 duress, enters into this Stipulation and Final Order and consents to issuance and entry 26 of the Stipulated Final Order below; (vi) he states that no promise or representation has 27 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 28 consulted with an attorney regarding this Stipulation and Final Order and has been fully Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION & PROBATION - KARTUB 1 advised with regard to his rights thereto, or waives any and all rights to consult with an 2 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 3 the Stipulated Final Order below. 4 ll/ 5 STIPULATION 0F FACTS 6 1. The Commission has licensed Mr. Kartub since November 5, 1996. Mr. Kartub currently 7 holds a Standard Administrative License, issued March 31, 2007 and valid until March 8 30, 2012. 9 2. During all relevant times Mr. Kartub was employed as a principal in the Fem Ridge 10 School District. 11 3. On 16 days in the months of September, October and November of 2008, Mr. Kartub 12 used a school district computer to access sexually explicit material on the internet. Said 13 material depicted adults only and was viewed only in a location and at times outside of 14 and away from the presence of any other person or persons, either students or adults. 15 4. Mr. Kartub has undergone an evaluation by qualified mental health specialists, the 16 reports from whom have been provided to the Commission. The reports stated that Mr. 17 Kartub fully cooperated in an assessment process, demonstrated responsibility for the . 18 conduct of concern and that he is not deemed vulnerable to future re-occurrence. 19 IT IS SO STIPULATED: 2(1j (2“ Q 7/241“: 22 Do ‘i . ."nf-Y'rartu' /- _ Date 52 J77” Z/ ’ Z4540 25 Icoria Ch -mr 1'4‘? ecutive Director Date 26 Teacher Standards and Practices Commission 27 / / / 28 /// 29 / l / Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION & PROBATION - KARTUB 1 CONCLUSION OF LAW 2 Mr. Kartub used school equipment to access sexually explicit material, as described in 3 paragraph 3 above. This conduct constitutes gross neglect of duty in violation of ORS 4 342.175(1)(b); OAR 584-020-0040(4)(q) (Knowing and unauthorized use of school computer 5 equipment to receive, store, produce or send sexually explicit materials); and OAR 584-020- 6 0040(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment). 7 l/l 8 ORDER 9 The Commission adopts and incorporates herein the above findings of fact and 10 conclusions of law, and based thereon, suspends Mr. Douglas Todd Kartub’s Standard 11 Administrative License for a period of thirty (30) days from the date of this order. 12 Furthermore, the Commission places Mr. Kartub on probation for a period of four 13 (4) years from the date of this order subject to the following terms and conditions: 14 1. Mr. Kartub has submitted documentation that he has undergone an 15 evaluation by a mental health professional acceptable to the Commission. 16 The evaluator provided a written report to the Commission attesting that: (a) 17 Mr. Kartub is fit to work with children and teenagers, and (b) there is a high 18 probability Mr. Kartub will not use school district equipment to access 19 sexually explicit materials or engage in similar inappropriate behavior. Mr. 20 Kartub shall, at his own initiative and expense, comply with treatment and/or 21 counseling recommended by the individual who completed the evaluation 22 described above. Mr. Kartub shall authorize and Sign any consent forms 23 necessary for the treatment provider or counselor to furnish records to or 24 discuss Mr. Kartub’s treatment with the Commission. 25 2. During the period of this probation, Mr. Kartub shall submit to the Executive 26 Director reports of his compliance with the treatment plan. These reports Page 3 STIPULATION OF FACTS AND ORDER 0F SUSPENSION & PROBATION - KARTUB 1 shall be submitted every six (6) months, beginning six months following the 2 date of this order. 3 3. Mr. Kartub shall comply with the Standards for Competent and Ethical 4 Performance of Oregon Educators under Oregon Administrative Rules 5 Chapter 584, Division 020. 6 Failure to comply with these terms constitutes an independent basis for the 7 Commission to revoke Mr. Kartub's license or othenrvise impose discipline, after first 8 providing him with notice and opportunity for hearing. 9 Issued and dated this é day of August, 2010. 10 TEACHER STANDARDS AND PRACTICES COMMISSION 11 STATE OF EGON 13 B M/ 14 ' oria Chamb ' E cutive Director 15 APPROVED /‘ T/ ORM: 17 “ML 4'44 18 s M. Bro‘ n, OSB# 670129 19 ‘ ey for Douglas Kartub Page 4 STIPULATION OF FACTS AND ORDER OF SUSPENSION & PROBATION - KARTUB