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 JASON MARC LEVIN ) SUSPENSION 6 In April of 2010, the Tea'cher Standards and Practices Commission (Commission) began 7 receiving complaints regarding the political website maintained by Jason Marc Levin (Levin). 8 On June 15, 2010 the Commission received a report from the Beaverton School District 9 indicating that Levin was placed on paid adminisn'ative leave for violation of standards. 1O After review of the matters alleged, Levin and the Commission agree that their respective 1 1 interests, together with the public interest, are best served by a stipulation to certain facts and 12 the imposition of a six-month suspension of licensure_ 13 This document sets forth the facts upon which the parties have agreed and the stipulated 14 sanction to be imposed. Levin stipulates that there is sufficient evidence in the Commission’s 15 files and records to support the findings of fact, conclusions of law, and order set forth below. 16 By signing below, Levin acknowledges, understands, stipulates, and agrees to the 17 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 1 8 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 19 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, Order of \ 20 Suspension (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public 21 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and 22 Final Order is contingent upon and subject to approval and adoption by the Commission. If the 23 Commission does not approve and adopt this Stipulation and Final Order, then neither Levin 24 nor the Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 25 Final Order, and understands it completely; (v) he voluntarily, without any force or ‘duress, 26 enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated 27 Final Order below; (vi) he states that no promises or representation has been made to induce 28 him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney Page 1 STIPULATION OF FACTS. FINAL ORDER OF SUSPENSION —LEV|N, JASON MARC 1 regarding this Stipulation and Final Order and has been fully advised with regard t0 his rights 2 thereto, or waives any and all rights to consult with an attorney prior to entering into this 3 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This 4 stipulation is contingent upon approval and adoption of the Order by the Commission. If the 5 Commission does not adopt this Order, neither Levin nor the Commission are bound by these 6 Stipulations and Levin retains all rights to a hearing on the allegations. 7 STIPULATION OF FACI' S 8 1. The Commission has licensed Jason Marc Levin since December 1, 2008. Levin currently 9 holds an Initial I Teaching License, with an endorsement in Technology Education, issued 10 December 1, 2008 and valid through February 4, 2011. 1 1 2. Between April and June of 2010 the Commission and the Beaverton School District received 12 complaints regarding Levin’s personal political activities. The complaints specifically 13 reference opinions and suggestions on Levin’s website, www.crashtheteaparty.com, 14 dedicated to disrupting Tea Party political activities. 1 5 3. Following receipt of those complaints the Beaverton School District undertook an 16 investigation of Levin’s computer use. The District discovered that between February and 17 April of 2010 Levin used school dishict computers to access Facebook and Twitter on nearly 18 a daily basis and during class time. The District also found that Levin accessed his political 19 web site from school district computers. 20 4. Levin initially denied using school district computers to work on the web site, but later 21 disclosed that, from school, he deleted site~related posts containing his personal 22 information, and created a document used in the site’s construction, although the bulk of the 23 web site was created from his home computer. Levin asserts that any conflicting 24 statements he made were not intended to mislead or obfuscate. 25 / / / 26 / / / 27 / / / Page 2 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION -LEVIN, JASON MARC 1 5. Levin’s web site, www.crashtheteaparty.com was on the internet for a total of two weeks. 2 IT IS SO STIPULATED AND AGREED TO: . 3 .4. ‘ Qillxlaoll 4 JW " . D... 5 M” J/ /1/M/ - fl”éT// 6 I ictoria Cha 4W in - ecutive Director Date 7 Teacher Standards and Practices Commission 8 CONCLUSION OF LAW 9 Jason Marc Levin used school district computers both to access Facebook and Twitter 10 web sites, and to work on his personal website dedicated to political activity. This conduct 1 1 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as 1 2 it incorporates OAR 584-020-oo1o(5) (Use of professional judgment), OAR 584-020- 13 0040(4)(a) (Knowing and substantial unauthorized use of: school name or financial credit; 14 school materials or equipment for personal purposes; or school personnel to provide personal 15 services unrelated to school business) , OAR 584-020-0040(4)(b) (Knowing and substantial 16 unauthorized use of employment time or school resources for private purposes). 17 Levin gave conflicting statements about when he worked on the website t0 local news 18 agencies and the Beaverton School District when questioned about the issue. This conduct 19 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as 20 it incorporates OAR 584-020-0010(5) (Use of professional judgment). 21 The Commission has the authority to impose discipline in this matter under ORS 342.175 22 and OAR Chapter 584. 23 /// 24 /// 25 /// 26 /// 27 /// 23 /// 29 /// Page 3 STIPULATION OF FACTS. FINAL ORDER OF SUSPENSION —LEVIN. JASON MARC 1 FINAL ORDER 2 The Commission adopts and incorporates herein the above findings of fact and 3 conclusion of law, based thereon, hereby suspends the Initial I Teaching License of Jason Marc 4 Levin for six months. 5 Issued and dated this day of May, 2011. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 STA F GON 8 ( 9 B ’ M) 1O ictoria Cha a cutive Director Page 4 STIPULATION OF FACTS. FINAL ORDER OF SUSPENSION —LEV|N. JASON MARC