1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) AND FINAL ORDER OF 5 ROBERT LESLIE JONES ) SUSPENSION AND PROBATION 6 On or about April 12, 2010, the Teacher Standards and Practices Commission (Commission) 7 received a report from the Baker School District, indicating that Robert Leslie Jones (Jones) was the 8 subject of a sexual harassment complaint. 9 After review of the matters alleged, Jones and the Commission agree that their respective 10 interests, together with the public interest, are best served by a stipulation to certain facts and the 11 imposition of a one year suspension of Iicensure and imposition of two years probation. 12 This document sets forth the facts upon which the parties have agreed and the stipulated 13 sanction to be imposed. Jones stipulates that there is suffioient evidence in the Commission’s files 14 and records to support the findings of fact, conclusions of law, and order set forth below. 15 By signing below, Jones acknowledges, understands, stipulates, and agrees to the following: 16 (i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact, 17 conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights 18 to appeal or otherwise challenge this Stipulation of Facts, Order of Suspension and Probation 19 (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to 20 the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon 21 and subject to approval and adoption by the Commission. If the Commission does not approve and 22 adopt this Stipulation and Final Order, then neither Jones nor the Commission are bound by the terms 23 herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) he 24 voluntarily, without any force or duress, enters into this Stipulation and Final Order and consents to 25 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or 26 representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he has 27 consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with Page 1 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -JONES 1 regard to his rights thereto, or waives any and all rights to consult with an attorney prior to entering 2 into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This 3 stipulation is contingent upon approval and adoption of the Order by the Commission. If the 4 Commission does not adopt this Order, neither Jones nor the Commission are bound by these 5 Stipulations and Jones retains all rights to a hearing on the allegations. 6 STIPULATION 0F FACTS 7 1. The Commission has licensed Jones since March 8, 2007. Jones currently holds a 8 Standard Teaching License, with a Standard Handicapped Learner endorsement, issued 9 December 12, 2005 and valid through January 3, 2011. 10 2. During the period from approximately September 2001 until March 2003, Jones on several 11 occasions made sexually inappropriate comments, touched and massaged the shoulders, and 12 patted the buttocks of a female educational assistant who was assigned to his classroom. 13 Jones’ conduct was unsolicited and unwelcome and had the effect of creating an intimidating, 14 hostile and offensive work environment. 15 3. After receiving complaints from co-workers, the school district conducted an investigation of 16 Jones’ conduct. It concluded that Jones had violated district policy on sexual harassment and 17 professional standards of the Commission. The district suspended Jones for five days without 18 pay, placed him on a plan of assistance, required Jones to undergo a psychological evaluation 19 and training in the areas of professional boundaries with co-workers and students, and 20 transferred Jones to another school within the district. The district also placed Jones on an 21 “intensive assistance plan" which required Jones not to be alone with females in a room unless 22 students or another adult was present, and to not make comments to coworkers about their 23 appearance or other comments. 24 4. Jones underwent a psychological evaluation by Dwight D. Mowry, PhD. The evaluation 25 was followed by counseling and training in the area of professional boundaries. Dr. Mowry 1 concluded that Jones understands and can be expected to observe appropriate personal and 2 professional boundaries with co-workers and students in the future. 3 5. On March 5, 2004 the Commission imposed a Public Reprimand and four year probation 4 upon Jones’ license. 5 6. On April 12, 2010 the Commission received a report from the Baker School District 6 indicating that a Special Education Paraprofessional submitted a sexual harassment complaint 7 form regarding Jones’ conduct. 8 7. Sometime between December 2009 and January 2010 Jones sent the Paraprofessional a 9 text message asking her if she would consider the two of them being together. The 10 Paraprofessional responded “it is inappropriate, and we have to work together, and l do not 11 want to be uncomfortable at work." 12 8. On April 6"‘, the same Paraprofessional found a yellow sticky note on her computer that 13 read, “think about it FWB." She recognized the handwriting as that of Jones. The 14 Paraprofessional, not knowing what “FWB” stood for, asked another coworker and was told 15 that it meant “friends with benefits." Jones approached the Paraprofessional later in the day 16 and said “No response, l thought l could at least get a rise out of you.” The Paraprofessional 17 did not respond. The following period Jones repeated himself by saying: “I can’t even get a 18 response from you; l thought that | would at least get a rise out of you.” The Paraprofessional 19 responded “I didn‘t even know what that meant Robert.” Jones responded “Yeah, sure you 20 didn't." 21 /// 22 I// 23 l/l 24 ll/ Page 3 STIPULATION 0F FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -JONES 1 9. Jones initially denied writing the note or engaging in the subsequent conversation about it 2 with the Paraprofessional. Following the Commission consideration of these events, Jones 3 corrected his statement to reflect that he had left the note. 4 IT IS if; STIPULATED AND AGREED TO: 5 at‘; 4 3112! [ll 6 Ro . I eslie Jones ‘ Date 7 m, 14212.21. . x/-r/-/4 8 . ctoria Cha -~- Executive Director Date 9 Teacher Standards and Practices Commission 10 CONCLUSION OF LAW 11 Robert Leslie Jones approached a coworker about initiating a romantic relationship. 12 After being told that a romantic relationship was unwanted and would cause discomfort 13 because of the work environment, Mr. Jones left a note for the coworker alluding to a “friends 14 with benefits” relationship, and engaged in subsequent conversations with the coworker along 15 these lines. Mr. Jones was not initially honest with the Commission investigator concerning 16 this conduct. This conduct constitutes gross neglect of duty in violation of ORS 342.175(1) 17 (b); OAR 584-020-0040(4)(l) (Sexual harassment), OAR 584-020-0040(4)(c) (Knowing 18 falsification of any document or knowing misrepresentation directly related to Iicensure, 19 employment, or professional duties), and OAR 584-020-0040(4)(n) as it incorporates OAR , 20 584-020-0010(5) (Use professional judgment). The Commission has the authority to impose 21 discipline in this matter under ORS 342.120 through 342.430 and OAR Chapter 584. 22 /// 23 /// 24 /// 25 /// 26 I // 27 I / l 28 /// 29 // / 30 FINAL ORDER 31 The Commission adopts and incorporates herein the above findings of fact and conclusion of 32 law, based thereon, hereby suspends the Iicensure of Robert Leslie Jones for one year and places 33 him on two years probation. 227% 34 Issued and dated this day of May, 2011. 35 TEACHER STANDARDS AND PRACTICES COMMISSION 36 STATE _OF OREGON 37 (Wm) WI flat/704% 1 By m) 2 Victoria Chambe n ecutive Director 3 Page 5 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION -JONES