' 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) STIPULATION OF FACTS,

5 Teaching License of ) ORDER OF SUSPENSION

6 ROBERT RHEAULT ) AND PROBATION

7

8 On or about September 8, 2000, the Teacher Standards and Practices

9 Commission (Commission) notified Robert Rheault that a report had been filed alleging
10 the Mr. Rheault misused his school computer to access sexually explicit material over
11 the internet. Walt Blomberg, Director of Personnel, Woodburn School District,
12 submitted the report.

.13 Mr. Rheault fully cooperated with the Commission's investigation and did not
14 contest the allegations. After review of the matters alleged, Mr. Rheault and the
15 Commission agree that their respective interests, together with the public interest, are
16 best served by a stipulation to certain facts and the imposition of a thirty (30) day
17 suspension, followed by a period of probation of two (2) years. This Order sets forth the
18 facts upon which the parties have agreed and the sanction to be imposed. In entering
19 into this stipulation, Mr. Rheault waives the right to a hearing to contest the finding of
20 fact, conclusion of law and order set forth below.
21 STIPULATION OF FACTS
22 1. Mr. Rheault holds an Oregon Initial Teaching License. He is employed,
23 beginning August 11, 2000, by the Woodburn School District as a first grade teacher in
'24 an English transition program.
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

. 1 2. During the 2000-2001 school year, a District-owned computer with Internet
2 access was present in Mr. Rheault's classroom for his use in connection with his
3 assigned responsibilities.
4 3. Mr. Rheault used his classroom computer on August 24, 2000, from
5 approximately 5:23 p.m. until 6:13 p.m., to access sexually explicit material through the
6 District's Internet connection in violation of District policy regarding Internet use. No
7 students were present at the time Mr. Rheault viewed these materials on the computer,
8 nor was there any risk of students viewing inappropriate material. He viewed the
9 material during non-student contact hours on his own time. He believed his actions
10 were private, but realizes that he should not have used the District computer for viewing
11 sexually explicit materials and has expressed remorse for doing so.
'12 4. Mr. Rheault has never denied his actions with the School District or TSPC.
13 He has accepted responsibility and acknowledges his mistake.
14 ULTIMATE FINDING OF FACT
15 Robert Rheault used the computer equipment owned by his employer Woodburn
16 Public Schools, located on school premises, to access sexually explicit materials.
17 Although Mr. Rheault believed his conduct was private, he should have known that
18 accessing such materials at the workplace with a District owned computer was
19 inappropriate and against District policy.
20 CONCLUSION 0F LAW
21 Robert Rheault’s activities constitute gross neglect of duty in violation of OAR
22 584-020-0040(4)(q).
O
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

' 1 This stipulation is contingent upon approval and adoption 0f the Order by the
2 Commission. If the Commission does not adopt this Order, neither Mr. Rheault nor the
3 Commission are bound by these Stipulations and Mr. Rheault retains all rights to a
4 hearing on the allegations.
5 IT IS S STIPUL D:
6 1% w $241220
7 Date
8 .
9 fiM/Jimié, // IN [W
10 David V. Myton Executive Director Date
11 Teacher Standards and Practices Commission
.12
13 ORDER
14 The Oregon Initial Teaching License of Robert Rheault is suspended for a period
15 of thirty (30) days from January 12, 2001. At the end of this suspension period, Mr.
16 Rheault‘s teaching license wiII be reinstated upon application and showing by Mr.
17 Rheault that he has undergone an evaluation at his own expense by a psychotherapist
18 or medical professional acceptable to the Commission, and the evaluator submits a
19 written report to the Commission attesting (1) Mr. Rheault is fit to work with children and
20 teenagers, and (2) there is a high probability he will not use school district equipment to
21 access sexually explicit materials or engage in similar inappropriate behavior.
O
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

. 1 Following the reinstatement of his teaching license, Mr. Rheault shall be placed
2 onprobation by the Commission for a period of two (2) years subject to the following
3 conditions:
4 1. Mr. Rheault shall substantially comply with any treatment or counseling as
5 recommended by the individual who completed the evaluation described above. Mr.
6 Rheault shall authorize and sign any consent forms as necessary for the treatment
7 provider or counselor to furnish records to or discuss Mr. Rheault‘s treatment with the
8 Commission.
9 2. Mr. Rheault shall comply with all Standards for Competent and Ethical
10 Performance under Chapter OAR 584, Division 020.
11 3. Mr. Rheault shall provide information as requested by the Commission to
'12 verify that he has complied with the conditions of probation, including a statement from
13 his employing district that he has complied with the St Standards for Competent and
14 Ethical Performance under Chapter OAR 584, Division 020.
15 4. Violation of the terms of this probation may constitute an independent basis
16 for the Commission to impose discipline, up to and including revocation of Mr. Rheault‘s
17 teaching license subject Mr. Rheault’s right to a hearing on the issue of whether he
18 violated probation.
. afl”
19 Dated this — day of January 2001
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21 , . _
22 By: Z I; Wot/[AW ‘iv’,
.23 David V. Myton, Executive Director
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION