g , 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2' ' 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) 5 Administrative License of ) STIPULATION OF FACTS 6 JEANETTE K. HALE ) AND ORDER OF REPRIMAND g ) 9 On or about December 14, 2000, the Teacher Standards and Practices 10 ' Commission (Commission) received a complaint from Tim Ponzoha, a teacher at South 11 Medford High School, by and through his attorney, Ralph Wiser, alleging that Jeanette 12 Hale, Assistant Principal, South Medford High School, engaged in sexually harassing 13 conduct. 14 Ms. Hale fully cooperated with the Commission's investigation and did not '15 contest the allegations. After review of the matters alleged, Ms. Hale and the 16 Commission agree that their respective interests, together with the public interest, are 17 best served by a stipulation to certain facts and the imposition of a Public Reprimand. 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, Ms. Hale waives the right to a 20 hearing to contest the finding of fact, conclusion of law and order set forth below. 21 This stipulation is contingent upon approval and adoption of the Order by the 22 Commission. If the Commission does not adopt this Order, neither Ms. Hale nor the 23 Commission are bound by these Stipulations and Ms. Hale retains all rights to a hearing 24 on the allegations. , 25 /// Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND 1 STIPULATION OF FACTS . 2 1. Ms. Hale holds a Standard Teaching License valid until August 31, 2001 and 3 a Basic Administrative License valid until August 31, 2003. The Commission has 4 continually licensed Ms. Hale since July 12, 1984. There are no previous complaints on 5 file with the Commission. 6 2. Ms. Hale is employed by the Medford School District. She began her 7 employment as a teacher at South Medford High School in September of 1984. Ms. 8 Hale completed a Basic Administrator program at Portland State University in August of 9 1997 and has been serving as an Assistant Principal at South Medford High School 10 since September of 1997. 11 3. On about September 14, 2000, while in the faculty lunchroom at South 12 Medford High School (no students were present), a female teacher, as a prank, gave .13 Ms. Hale a pen and asked her to remove the cap. When Ms. Hale did so a penis-like tip 14 was exposed. Ms. Hale then displayed the pen in the presence of several other 15 teachers, including Tim Ponzoha. The incident was of short duration. 16 Mr. Ponzoha considered Ms. Hale’s conduct to be offensive. 17 4. On or about December 7, 2000, Ms. Hale attended a COSA Law Conference 18 class on Sexual Harassment and is now fully aware of the law. 19 5. Ms. Hale accepts responsibility for her behavior and acknowledges that it was 20 inappropriate. 21 CONCLUSION OF LAW 22 Standards for Competent and Ethical Performance of Oregon Educators defines 23 sexual harassment in OAR 584-020-0005(6)(c) as unwelcome verbal or physical Q4 conduct when, “such conduct unreasonably interferes with an individuals work Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND . 1 performance, or creates an offensive working environment." The behavior described 2 in stipulation number 3 appeared to create an offensive work environment in violation of 3 OAR 584-020-0040(4)(I). 4 IT IS SO STIPULATED: 5 . / c g’ “4",, ._