' 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION 0F FACTS, 4 Teaching License of ) ORDER OF SUSPENSION ' 5 JAMES FREDERICK WOODS ) AND PROBATION t7; ) 8 On or about March 11, 2002, the Teacher Standards and Practices Commission 9 (Commission) received a report from Skip Liebertz, Superintendent, Willamette 10 Education Service District, alleging that James Frederick Woods (Woods) used his 11 classroom computer at William Lord High School to access sexually explicit material on 12 the Internet. _ 13 Mr. Woods fully cooperated with the Commission's investigation. After review of a g 14 the matters alleged, Mr.Woods and the Commission agree that their respective » 15 interests, together with the public interest, are best served by a stipulation to certain 16 facts and the imposition of a ninety (90) day suspension of his right to apply for 17 licensure, followed by a period of probation of two (2) years. 18 This Order sets forth the facts upon which the parties have agreed and the 19 sanction to be imposed. In entering into this stipulation, Mr. Woods waives the right to a 20 hearing to contest the finding of fact, conclusion of law and order set forth below. Mr. 21 Woods understands that the probation will be subject to specific conditions. 22 This stipulation is contingent upon approval and adoption of the Order by the 23 Commission. lf the Commission does not adopt this Order, neither Mr. Woods nor the 24 Commission are bound by these Stipulations and Mr. Woods retains all rights to a 1 25 hearing on the allegations. Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WOODS . 1 STIPULATION OF FACTS 2 1. Mr. Woods’ Standard Teaching License with a Standard Biology Endorsement 3 expired on March 20, 2002. ' 4 2. Mr. Woods was employed by Willamette Education Service District as a 5 teacher at William Lord High School, MacLaren Youth Corrections Facility. beginning in 6 September of 1998, until his resignation on March 4, 2002. 7 3. A District-owned computer with Internet access was present in Mr. Woods’ 8 classroom for his use in connection with his assigned responsibilities. 9 4. The District has a clearly defined, acceptable use policy. The District's policy 10 prohibits the use or attempted use of equipment for Internet access of sexually explicit 11 materials. ’ 12 5. Mr. Woods used his classroom computer on multiple occasions to access 13 sexually explicit materials through the District's Internet connection in violation of District 14 policy regarding Internet use during student contact hours and non-student contact I 15 hours. ‘ 16 6. Mr. Woods admits that he should not have used the District computer for f 17 viewing sexually explicit materials and has expressed remorse for doing so. 18 IT IS SO STIPULATED: 28 i é {@1w/Qiihrjz é ’//’”& 21 . J' es Frederlck Woods Date 22 Z2 gééé Z €7 . _ 23 ~> (a 41 , S - 0 VL 24 Victoria Chamberlain, E ecutive Director Date 25 Teacher Standards and Practices Commission '. Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WOODS 1 ULTIMATE FINDING OF FACT ' 2 James Frederick Woods used the computer equipment owned by his employer, 3 Willamette Education Service District, located on school premises, to access sexually 4 explicit materials. Mr. Woods was fully aware that accessing such materials at the 5 workplace with a District owned computer was inappropriate and against District policy. 6 CONCLUSION OF LAW 7 James Frederick Woods’ behavior constitutes gross neglect of duty in violation of 8 OAR 584-020-0040(4)(q). The Commission’s authority to impose discipline in this 9 matter is based upon ORS 342.175(1)(b). 1O ORDER 11 James Frederick Woods’ right to apply for Iicensure is suspended for a period of 12 ninety (90) days beginning on August 2, 2002. At the end of this suspension period, Mr. ' 13 Woods’ Teaching License will be reinstated upon: 14 1. Submission of a complete application and fees pursuant to OAR 584-050- 15 0015(3); 16 2. Submission of documentation that he has undergone an evaluation by a 17 psychotherapist or medical professional acceptable to the Commission, and the 18 evaluator submits a written report to the Commission attesting (a) Mr. Woods is fit to 19 work with children and teenagers, and (b) there is a high probability he will not use - 20 school district equipment to access sexually explicit materials or engage in similar 21 inappropriate behavior. Any costs associated with the assessment or treatment will be 22 the responsibility of Mr. Woods. 23 Upon the reinstatement of his teaching license, Mr. Woods shall be placed on ' 24 probation by the Commission for a period of two (2) years subject to the following 25 conditions: Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WOODS 1 1. Mr. Woods shall substantially comply with any treatment or counseling as ' 2 recommended by the individual who completed the evaluation described above. 3 Mr. Woods shall authorize and sign any consent forms as necessary for the treatment 4 provider or counselor to furnish records to or discuss Mr. Woods treatment with the 5 Commission. 6 2. Mr. Woods shall comply with all Standards for Competent and Ethical 7 Performance under Chapter OAR 584, Division 020. 8 3. Mr. Woods shall provide information as requested by the Commission to verify 9 that he has complied with the conditions of probation, including a statement from a 10 future employing district that he has complied with the Standards for Competent and 11 Ethical Performance under Chapter OAR 584, Division 020. 12 Violation of the terms of this probation may constitute an independent basis for . "13 the Commission to impose discipline, up to and including revocation of Mr. Woods 14 teaching license subject to Mr. Woods right to a hearing on the issue of whether he 15 violated probation. A 16 Dated this L/day of August, 2002 17 TEACHER STANDARDS AND PRACTICES COMMISSION 18 19 By: gillj 4/, 20 a: Victoria Chag'erlain, Executive Director 21 O Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WOODS