1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACI‘ S AND 4 Teaching License of ) FINAL ORDER OF PROBATION 5 ROBERT ARTHUR POCKLINGTON ) £75 On or about March 5, 2011, the Teacher Standards and Practices Commission 8 (Commission) received an application from Robert Arthur Pocklington (Pocklington) on 9 which he disclosed prior disciplinary action by an education employer in the State of 1 0 Washington. 1 1 After review of the matters alleged, Pocklington and the Commission agree that 12 their respective interests, together with the public interest, are best served by a 1 3 stipulation to certain facts and the imposition of a four year probationary period on 1 4 Pocklington’s teaching license. 15 By signing below, Pocklington acknowledges, understands, stipulates, and agrees 16 to the following: (i) he has been fully advised of his rights to notice and a hearing to 1 7 contest the findings of fact, conclusions of law, and order set forth below, and fully and 1 8 finally waives all such rights and any rights to appeal or otherwise challenge this 19 Stipulation of Facts and Final Order of Probation (Stipulation and Final Order); (ii) this 20 Stipulation and Final Order is a public document and disclosed to the public upon 21 request to the Commission; (iii) this Stipulation and Final Order is contingent upon and 22 subject to approval and adoption by the Commission. If the Commission does not 23 approve and adopt this Stipulation and Final Order, then neither Pocklington nor the 24 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 26 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 27 the Stipulated Final Order below; (vi) he states that no promise or representation has 28 been made to induce him to sign this Stipulation and Final Order; and (vii) he has Page 1 STIPULATION OF FACTS AND ORDER OF PROBATION — POCKLINGTON 1 consulted with an attorney regarding this Stipulation and Final Order and has been fully 2 advised with regard to his rights thereto, or waives any and all rights to consult with an 3 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 4 the Stipulated Final Order below. 5 / / / 6 STIPULATION OF FACTS 7 1. The Commission has not previously licensed Pocklington in Oregon. Pocklington 8 applied for an Oregon teaching license on March 5, 2010. Pocklington was then under 9 investigation by the Washington State Office of Superintendent of Public Instruction 1 0 (OSPI). 1 1 2. Pocklington was issued a Washington Education Certificate, No. 411736B, on September 12 16, 2003. 13 3. At the time of the investigation of Pocklington’s actions in Washington, he was employed 14 by the Hoquiam School District. 15 4. On August 25, 2008, the Washington Office of Professional Practices, within OSPI, 16 received a complaint letter from the Superintendent of the Hoquiam School District 17 alleging a lack of good moral character or personal fitness, or a violation of the Code of 18 Professional Conduct, Washington Administrative Code (WAC) 181-87, by Pocklington. 19 5. On March 7, 2008, Mark VandenHazel, Hoquiam High School Principal, sent an e-mail 20 to all Hoquiam High School staff regarding students and cell phones. This email 21 included the directive, “Please make sure you are not texting students. This should be 22 for obvious reasons.” 23 6. Between March 7, 2008, and June 3o, 2008, Pocklington exchanged multiple text 24 messages with two Hoquiam High School female students. 25 7. The text messages occurred during the school day as well as in the evening and on 26 weekends. The text messages were not related to an educational reason or purpose. Page 2 STIPULATION OF FACTS AND ORDER OF PROBATION — POCKLINGTON 1 8. On July 15, 2008, Pocklington participated in an interview with Alan Key, School 2 Insurance Association of Washington investigator. 3 9. On August 6, 2008, Pocklington was issued a Notice of Probable Cause letter; notifying 4 him of a five day suspension and removal of his coaching contract. This letter also 5 directed Pocklington to avoid interaction of a personal nature with any student. 6 10. On October 1, 2008, Pocklington met alone with a female Hoquiam High School student, 7 regarding a letter writing campaign to return him to his coaching position. 8 11. 0n October 13, 2008, Pocklington was placed on administrative leave. 9 12. 0n October 24, 2008, the Hoquiam School District issued a Notice of Probable Cause t0 1 O Pocklington. 11 13. On February 5, 2008, Pocklington signed a Settlement Agreement with the Hoquiam 12 School District. As part of the Settlement Agreement Pocklington submitted a 13 resignation letter to the Hoquiam School District, resigning his employment effective 14 August 31, 2009. 15 14. On November 16, 2010, Pocklington participated in an interview with an OPP 16 investigator. On December 8, 2010, OPP received Pocklington’s signed statement. 17 15. Based on these events Pocklington agreed to a Reprimand on his Washington teaching 18 license, effective February 9, 2011 19 IT IS SO STIPULATED' 20 a , d ,1 21 u 41% 22 Ro ~ "a n .1 N g‘, , \ Date a W7 4 /» M2 25 ‘lctoria C WE aiu Executive Director Date 26 Teacher Standards and Practices Commission 27 / / / 28 / / / 29 / / / Page 3 STIPULATION OF FACTS AND ORDER OF PROBATION — POCKLINGTON 1 CONCLUSION OF LAW 2 Pocklington’s conduct toward female students while a teacher in Washington constitutes 3 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(o) as it 4 incorporates OAR 584-020-0035(1)(c)(D)(H0noring appropriate adult boundaries with 5 students in conduct and conversations at all times); and OAR 584-020-0040(n) as it 6 incorporates OAR 584-020-0010(5) (Use professional judgment). 7 ORDER 8 The Commission adopts and incorporates herein the above findings of fact and 9 conclusions of law, and based thereon, places Robert Arthur Pocklington on probation 1O for a period of four (4) years from the date of this order subject to the following terms 1 1 and conditions: 12 1. Mr. Pocklington will maintain appropriate adult boundaries with all students, 13 including refraining from text messaging students, and any other specific 14 rules related to student contact an employing school district in Oregon may 1 5 maintain. 16 2. Mr. Pocklington shall comply with the Standards for Competent and Ethical 17 Performance 0f Oregon Educators under Oregon Administrative Rules 18 Chapter 584, Division 020. 19 Failure to comply with these terms constitutes an independent basis for the 20 Commission to revoke Mr. P0cklington’s license or otherwise impose discipline, after 21 first providing him with notice and opportunity for hearing. 22 Issued and dated this E day of November, 2011. 23 TEACHER STANDARDS AND PRACTICES COMMISSION 24 STATE OF 0 ' GON 22 B Ma A,‘ / / ' 27 1ctria Chambe QE-Vx r tive Director Page 4 STIPULATION OF FACTS AND ORDER OF PROBATION -— POCKLINGTON CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulated Order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed t0: Robert Arthur Pocklington 3126 Red Fern Dr NW Olympia, WA 98502 DATED this / ‘I’ Mday of December, 2011. I By: v /h wf ledell Investigative Assistant CERTIFICATE OF MAILING — ANDERSON, AMY MICHELLE