1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
W \ 2 OF THE STATE OF OREGON
3 ‘ ’ ‘ '
4 In the Matter of the I ) ‘ STIPULATION OF FACTS, '
5 Teaching License of ) ORDER OF REPRIMAND
6 ELIZABETH CODDING GIENGER ) AND PROBATION
g )
9 On or about March 21, 2001, the Teacher Standards and Practices Commission
10 (Commission) received a report from Lavonne Bush, Superintendent, Neah-Kah-Nie School
11 District indicating that Elizabeth Gienger, a iicensed educator, participated in receiving and
12 sending emails over the District email system which were both inappropriate and potentially
13 hurtful to other staff members.
14 Ms. Gienger fully cooperated with the Commission's investigation and did not contest the
15 allegations. After review of the matters alleged, Ms. Gienger and the Commission agree that
16 their respective interests, together with the public interest, are best served by a stipulation to
17 certain facts, a public reprimand and a one (1) year period of probation. Ms. Gienger
18 understands that the probation will be subject to specific conditions. This Order sets forth the
19 facts upon which the parties have agreed and the sanction to be imposed. In entering into this
20 stipulation, Ms. Gienger waives the right to a hearing to contest the finding of fact, conclusion of
21 law and order set forth below.
22 STIPULATION OF FACTS
23 1. Ms. Gienger holds a Standard Teaching License valid December 26, 1996 through
24 December 31, 2001. Ms. Gienger has been continually licensed by the Commission since July
25 26, 1984. There are no prior complaints on file.
26 2. Ms. Gienger is employed by Neah-Kah-Nie School District. She began her
27 employment with the District as a licensed educator since September of 1984.
'28 / / /
Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION

1 3. Beginning in 1999, District-owned computers with email access were present in all
. 2 Neah-Kah-Nie Jr/Senior High School classrooms for educator use in connection with assigned
3 responsibilities.
4 4. The District has a clearly defined, acceptable policy that has been in force since
5 January 8, 1996. The District‘s acceptable use agreement declares that information in email
6 messages is not private to the individual sending or receiving the correspondence; that the
7 District is a public entity and all correspondence is done on public property and on public
8 equipment; and that all correspondence should meet the standards of the District and the
9 School Board
10 5. Ms. Gienger used her classroom computer to send and receive inappropriate email
11 messages to other staff members in the building using the Districts email service. A student
12 intercepted and read an inappropriate email as a result of her activities.
13 6. Ms. Gienger admits that she should not have used the District computer for sending
'14 or receiving inappropriate email messages and has expressed remorse for doing so.
15 7. Ms. Gienger has never denied her actions with the School District or TSPC. She has
16 accepted responsibility and acknowledges her mistake. The District has disciplined Ms.
17 Gienger for her inappropriate use of District equipment.
18 ULTIMATE FINDING OF FACT
19 Elizabeth Gienger used the computer equipment owned by her employer, Neah-Kah-Nie
20 School District, located on school premises, to send and receive inappropriate email messages.
21 Ms. Gienger was fully aware that sending and receiving inappropriate email messages using
22 District owned computer equipment was inappropriate and in violation of District policy.
23 CONCLUSION OF LAW
24 Elizabeth Gienger's activities constitute gross neglect of duty in violation of OAR 584-
25 020-0040(4)(a) and OAR 584-020-0010(5).
'26 This stipulation is contingent upon approval and adoption of the Order by the
27 Commission. If the Commission does not adopt this Order, neither Ms. Gienger nor the
Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION

1 Commission are bound by these Stipulations and Ms. Gienger retains all rights to a hearing on
. 2 the allegations.
3 IT IS SO STIPULATED:
4 t 6 I Z i
5 ,it c 'i . ortcix \Qiru if é” IO 6
6 Elizabeth Codding Gienger . \ Date
7 ' p
a Mi é‘ 1:2 ' Z Z Z! 07
9 David V. Myton Executi Director Date
1O Teacher Standards and Practices Commission
11 ORDER
12 The Commission imposes a Public Reprimand on Ms. Gienger. This Stipulation of
13 Facts, Order of Reprimand and Probation constitutes the reprimand. Furthermore, the
14 Commission imposes a one (1) year probation upon Ms. Gienger subject to the condition that
15 Ms. Gienger comply with all Standards for Competent and Ethical Performance under Chapter
16 OAR 584, Division 020.
'17 Violation of the terms of this probation may constitute an independent basis for the
18 Commission to impose discipline, up to and including revocation of Ms. Gienger‘s teaching
19 license subject Ms. Gienger’s right to a hearing on the issue of whether she violated probation.
{M
20 Dated this I I day of July 2001
21 TEACHER STANDARDS AND PRACTICES COMMISSION
23 By:
24 David V. yton, Executive Director
25
26 APPROVED AS TO FORM
27
‘ @J ‘
28 \
29 M nica A. Smith OSB#8 0 '
.30 Attorney for Elizabeth Codding Gienger
Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION