‘ ' JUN-i4—2001 THU 10:17 nit ENFIELD BROWN COLLINS KN FAX N0. 5035813090 P. 02 I
I‘ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 in the Matter of the ) STIPULATION OF FACTS,
4 Administrative License of ) ORDER OF SUSPENSION
g RANDY HAROLD SCHILD g AND PROBATION
7 0n or about March 21, 2001. the Teacher Standards and Practices Commission
8 (Commission) received a report from Lavonne Bush, Superintendent, Neah-Kah-Nle
9 School District indicating that Randy Schild, a licensed administrator and building
10 principal, participated in receiving and sending emails over the district email system
11 which were inappropriate and potentially hurtful to other staff members.
12 Mr. Schild fully cooperated with the Commission's investigation and did not
13 contest the allegations. After reWew of the matters alleged, Mr. Schild and the
~ 14 Commission agree that their respective interests, together with the public interest, are
1 15 best served by a stipulation to certain facts, a thirty (30) clay suspension of his
16 Administrative License and a one (1) year period of probation. Mr. Schild understands
17 that the probation will be subject to specific conditions. This Order sets forth the facts
18 upon which the parties have agreed and the sanction to be imposed. In entering into
19 this stipulation, Mr. Schild waives the right to a hearing to contest the finding of fact,
20 conclusion of law and order set forth below.
21 STIPULATION OF FACTS
22 1. Mr. Schild holds a Standard Teaching License valid June 22, 1999 through
23 June 1, 2002, with Standard General Business Educatlon; Office Systems; and Account
24 and Financial Systems Endorsement. Mr. Schild holds a Basic Administrative License
\ Page 1 STIPULATION OF FACTS. ORDER 0F SUSPENSION AND PROBATION

' ' JUN-112001 THU 10:18 All ENFIELD BROWN COLLINS KN FAN NO. 5035813090 P- 03
. 1 valid May 29, 1996 through June 1. 2001. The Commission has continually licensed
2 Mr. Schild since July 1, 1974. There are no prior complaints on file.
3 2. The Commission's disciplinary action impacts Mr. Schild's Basic
4 Administrative License. The Commission takes no action against his Standard
5 Teaching License in this matter.
6 3. Mr. Schild is employed by Neah-Kah~Nie School District as Principal of Neah-
7 Kah~Nie Jr/Senior High School. He began his employment with the District in 1998.
8 4. Beginning in 1999, District-owned computers with email access were present
9 in all Nea'n-Kah-Nie Jr/Senior High School classrooms for educator use in connection with
10 assigned responsibilities.
11 5. The District has a cleariy defined, acceptable use policy that has been In force
12 since January 8. 1996. The District's acceptabie use agreement declares that
. 13 information In email messages is not private to the individual sending or receiving the
14 correspondence; that the District is a public entity and all correspondence is done on
15 public property and on public equipment; and that all correspondence should meet the
16 standards of the District and the School Board
17 6. Mr. Schild used his classroom computer to send and receive inappropriate
18 email messages to other staff members in the building using the Districts email service.
19 A student intercepted and read an inappropriate email as a result of his activities.
20 7. Mr. Schild admits that he should not have used the District computer for
21 sending or receiving inappropriate email messages and has expressed remorse for
22 doing so.
23 ll /
' Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

I ‘ JUN-l4-2001 THU 10: 18 AN ENFIELD BRONN COLLINS KN FHX N0. 5035813090 P. O4
' 1 8. Mr. Schild has never denied his actions with the School District or TSP-"C. He
2 has accepted responsibility and acknowledges his mistake. The District has disciplined
3 Mr. Shield for his inappropriate use of District email.
4 ULTIMATE FINDING OF FACT
5 Randy Schild used the computer equipment owned by his employer. Noah-Kah-
6 Nie School District, located on school premises, to send and receive inappropriate email
T messages. Mr. Schild was fully aware that sending and receiving inappropriate email
8 messages using District owned computer equipment was inappropriate and in violation
9 of District policy.
1O CONCLUSION OF LAW
11 Randy Schild's activities constitute gross neglect of duty in violation of OAR 584- I
12 020-0040(4)(a) and OAR 584-020-0010(5).
. 13 This stipulation is contingent upon approval and adoption of the Order by the
14 Commission. ifthe Commission does not adopt this Order, neither Mr. Schild nor the
15 Commission are bound by these Stipulations and Mr. Schild retains all rights to a
16 hearing on the allegations.
17 IT IS SO STIPULATED:
1a é é E: i 25 . -
19 41/ , (Z/ZZZ 1'49;
20 Randy l-Ia Schild Date
g; i954 Z311“ 7/046/
23 David V. Myton xecutiv Director Date
24 Teacher Standards and Practices Commission
25 r'l/
’ Page a STIPULATION OF FACTS. ORDER 0F SUSPENSION AND PROBATION

‘ " JUN-14'2001 THU 10119 AM ENFIELD BROiiN COLLINS KN FAX NO. 5035813C90 P. [15
. 1 ORDER
2 The Oregon Basic Administrative License, certificate number 915869 issued to
3 Randy Harold Schild is suspended fora period of thirty (30) days beginning on July 1,
4 2001. At the end of the suspension period of thirty (30) days, Mr. Schild's Basic
5 Administrative License wili be reinstated upon complete application for reinstatement.
6 Furthermore, the Commission imposes a one (1) year probation upon Mr, Schild subject
7 to the condition that he comply with ali Standards for Competent and Ethical
8 Performance under Chapter OAR 584, Division 020‘
9 Violation of the terms of this probation may constitute an independent basis for
10 the Commission to impose discipline. up to and including revocation of Mr. Sohild's
11 teaching license subject to Mr. Sohild's right to a hearing on the issue of whether he
12 violated probation.
13 Dated th‘ H N
. is ___ day of July 2001
14 TEACHER STANDARDS AND PRACTlCES COMMISStON
15 1
1e By; Z gwfié by?
17 David V. Myton, Ex cutive Director
18 APPROVED AS TO FORM
19
20//§; ZAQ 22 é £2:
Z1 James My B OSB# 67012‘
‘2 Attorney for Randy Harold Schild
\J
. Page 4 STIPULATION OF FACTS. ORDER OF SUSPENSION AND PROBATiON