I 1 McKANNA BISHOP JOFFE 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 1 ' ‘ ‘ OF THE STATE OF OREGON PORTLAND: OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) FiNAL ORDER OF REPRIMAND 5 LON GILLAS ) AND PROBATION 6 On October 14, 2005, the Teacher Standards and Practices Commission (Commission) 7 received a report from Jennifer Howard, Director of Human Resources, on behalf of Maryalice 8 Russell, Superintendent, McMinnville School District indicating that Lon Gillas (Gillas) used his 9 school computer to access sexuaiiy expiicit material on the lnternet. 1 10 Mr. Gillas fully cooperated with the Commission‘s investigation in this matter. After 11 review of the matters alleged, Mr. Gillas and the Commission agree that their respective 12 interests, together with the public interest, are best served by a stipulation to Certain facts, a j 13 reprimand followed by a three (3) year probation. Mr. Gillas understands that the probation will ‘ 14 be subject to specific terms and conditions. ‘ This document sets forth the facts upon which the parties have agreed and the 16 stipulated sanction to be imposed. Mr. Gillas stipulates that there is sufficient evidence in the 17 Commission’s files and records to support the findings of fact, conclusions of law, and order set 18 forth below. 19 By signing below, Mr. Gillas acknowledges, understands, stipulates, and agrees to the 20 following: (i) he has been iuiiy advised of his rights to notice and a hearing to contest the 21 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 22 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, Final Order 23 of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is 24 a public document and disclosed to the public upon request by the Commission; (iii) this 25 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 26 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, ‘ then neither Mr. Gillas nor the Commission are bound by the terms herein; (iv) he has fully read Page 1 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - GILLAS I 1 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any ‘ ‘ force or duress, enters into this Stipulation and Final Order and consents to issuance and entry 3 of the Stipulated Final Order below; (vi) he states that no promises or representation has been 4 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 5 attorney regarding this Stipulation and Final Order and has been fuIIy advised with regard to his 6 rights thereto, or waives any and ~aII rights to consult with an attorney prior to entering into this 7 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 8 STIPULATION 0F FACTS 9 1. The Commission licensed Lon Gillas beginning August 31, 2001. Mr. Gillas holds an 10 Initial Teaching License issued December 8, 2004, valid until October 18, 2008, with Integrated 11 Science, Marketing and Marketing Management Endorsements. 12 2. A District-owned computer with Internet access was present in Mr. Gillas’ cIassroom 13 for his use in connection with his assigned responsibilities. The District has an acceptable use ‘ policy. The District’s policy prohibits the use or attempted use of equipment for Internet access 15 of sexually explicit materials. 16 3. District records indicate that Mr. GiIIas used his classroom computer from August 30, 17 2005, to September 14, 2005, to access sexually explicit materials through the District's Internet 18 connection in violation of District policy regarding Internet use. 19 iTIS m ST U. -TED AND AGREED TO: 20 "' 4:4 H-4-a % fl 26% ‘ 21 LW , / , Da _ V a 22 new / M/ ML 23 Victoria wberlain , xeoutive Director Date 24 Teacher Stan - o and Practices Commission 25 ULTIMATE FINDING OF FACT 26 Lon Gillas used the computer equipment owned by his employer, McMinnviIIe School 27 District, located on school premises, to access sexually explicit materials. Mr. Gillas was fully O Page 2 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - GILLAS 1 aware that accessing such materials at the workplace using a District owned computer was ‘ inappropriate and in violation of District policy 3 CONCLUSIONS OF LAW 4 Lon Gillas‘ inappropriate use of a District computer constitutes Gross Neglect of Duty in 5 violation of OAR 584-020-0040(4)(q). The Commission has the authority to impose discipline in 6 this matter is based upon ORS 342.120 through 342.430 and OAR Chapter 584. 7 FINAL ORDER 8 The Commission hereby adopts and incorporates herein the above findings of fact and 9 conclusions of law and hereby imposes a Public Reprimand on Lon Gillas. This Order shall 1O serve as the Public Reprimand. i 11 Furthermore, the Commission places Mr. Gillas on Probation for a period of three (3) 12 years probation subject to the following terms and conditions: 13 1. Mr. Gillas shall submit documentation that he has undergone an evaluation by a . psychotherapist or medical professional acceptable to the Commission, and the evaluator 15 submits a written report to the Commission attesting (a) Mr. Gillas is fit to work with children and 16 teenagers, and (b) there is a high probability he will not use school district equipment to access 17 sexually explicit materials or engage in similar inappropriate behavior. Any costs associated 18 with the assessment or treatment will be the responsibility of Mr. Gillas. 19 2. Mr. Gillas shall substantially comply with any treatment or counseling as 20 recommended by the individual who completed the evaluation described above. 21 Mr. Gillas shall authorize and sign any consent forms as necessary for the treatment provider 0r 22 counselor to furnish records to or discuss Mr. Gillas‘ treatment with the Commission. 23 3. During the period of this probation, Mr. Gillas shall submit to the Executive Director of 24 the Commission reports of his compliance with the aftercare treatment plan. Mr. Gillas shall 25 provide these reports every six (6) months during his probation, on or before: May 2, 2007; ‘ November 2, 2007; May 2, 2008; November 2, 2008; May 2, 2009; November 2, 2009; Page 3 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - GILLAS 1 May 2, 2010; and November 2, 2010. ‘ 4. Mr. Gillas shall report in writing within ten days to the Executive Director of the 3 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or 4 violation of criminal probation; and 5 5. Mr. Gillas shall comply with the Standards for Competent and Ethical Performance of 6 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. 7 Violation of any term or condition of probation shall constitute an independent basis for 8 the Commission to revoke Mr. Gillas’ teaching license or otherwise impose discipline, after first 9 providing Mr. Gillas with notice and opportunity for hearing. 1O Issued and dated this 3 day of November, 2006. 11 TEACHER STANDARDS AND PRACTICES COMMISSION 12 STATE OF OREGO 13 ' 14 By 15 ictoria Ch b ain, Executive Director 17 Approved as to form: 18 (‘\ 19 1 ' 20 oh S. Bishop, OSB # 8 22 21 tto ey for Lon Gillas [072906] 22 Page 4 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - GILLAS