‘ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' '2 OF THE STATE OF OREGON Q In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) FINAL ORDER OF SUSPENSION 5 LEONARD DEAN HACKETT ) AND PROBATION (73 On or about April 18, 2006, the Teacher Standards and Practices Commission 8 (Commission) received a report from Kathryn Baker, Superintendent, Salem-Keizer Public 9 Schools, indicating that Leonard Dean Hackett (Hackett) used his school computerto access 1O sexually explicit material on the lntemett 11 After review of the matters alleged, Mr. Hackett and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation to certain 13 facts and the imposition ofa ninety (90) day suspension of licensure followed by a four (4) year 14 period of probation upon reinstatement of Licensuret 15 This document sets forth the facts upon which the parties have stipulated and the 6 stipulated sanction to be imposed. M. Hackett stipulates that there is sufficient evidence in the ‘ Commissions files and records to support the findings of fact, conclusions of law, and order set 18 forth below, 19 By signing below, Mr. Hackett acknowledges, understands, stipulates, and agrees to the 20 following: (i) he has been fully 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 othen/vlse challenge this Stipulation of Facts, Order of 23 Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a 24 public document and disclosed t0 the public upon request by the Commission; Gil) this 25 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 26 Commission. Ifthe Commission does not approve and adopt this Stipulation and Final Order, ‘ 27 then neither Mr. Hackett northe Commission are bound by the terms herein; (iv) he has fully ‘8 read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without -9 any force or duress, enters into this Stipulation and Final Order and consents to issuance and Page 1 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION - HACKETT 1 entry of the Stipulated Final Order below; (vi) he states that no promises or representation has ‘2 been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with 3 an attorney regarding this Stipulation and Final Order and has been fully advised with regard to 4 his rights thereto, or waives any and all rights to consult with an attomey prior to entering into 5 this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. Mr. 6 Hackett understands that the probation will be subject to specific conditions. 7 This stipulation is contingent upon approval and adoption ofthe Order by the 8 Commission. Ifthe Commission does not adopt this Order, neither Mr. Hackett northe 9 Commission are bound by these Stipulations and Mr, Hackett retains all rights to a hearing on 1O the allegations, 11 STIPULATION OF FACTS 12 1. Mr. Hackett has been licensed bythe Commission since August 30, 2004. M. 13 Hackett holds an Initial Teaching License issued November 28, 2005, valid through June 22, 4 2009, with Multiple Subjects and Social Studies Endorsements. ¢ 2. Mr, Hackett began contract employment with Salem-Keizer Public Schools on 16 August 31, 2004. Mr. Hackett taught Social Studies at Claggett Mddle School during the 2004- 17 2005 and 2005-2006 school years. Mr. Hackett resigned his teaching position in lieu of 18 dismissal effective April 11, 2006. 19 3. A District-owned computer with lntemet access was present in Mr. Hackett‘s 20 classroom for his use in connection with his assigned responsibilities. The District has an 21 acceptable use policy. The Districts policy prohibits the use or attempted use of equipment for 22 lntemet access of sexually explicit materials. 23 4. Mr. Hackett used his classroom computer periodically to access sexually explicit 24 materials through the District's lntemet connection in violation of District policy regarding 25 lntemet use. ‘6 /// Page 2 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION - HACKETT 1 lT IS SO STIPULATED AND AGREED TO: _ 2 ‘i @Mi 1). liggtii vii; mot, 5 Leonard Dean Hackett Date ‘i . 3 @M 7 112-02 1O Victoria Chamberlain, Executive Director Date 1; Teacher Standards and Practices Commission 13 ULTIMATE FINDING OF FACT 14 Leonard Dean Hackett used the computer equipment owned by his employer, Salem- 15 Keizer Public Schools, located on school premises, to access sexually explicit mateiials. Mr. 16 Hackett was aware that accessing such materials at the workplace using a District owned 17 computer was inappropriate and in violation of District policy. 18 CONCLUSION 0F LAW 19 Leonard Dean Hackett’s inappropriate use of a District computer constitutes Gross O Neglect of Duty in violation of OAR 584-020-0040(4)(q). The Commissions authority to impose Q1 discipline in this matteris based upon ORS 342,175, 22 FINAL ORDER 23 The Commission adopts and incorporates herein the above findings of fact and 24 conclusion of law, based thereon, hereby orders that Leonard Dean Hackett’s Initial Teaching 25 License is suspended for a period of ninety (90) days effective August 4, 2006. At the end of 26 this suspension period, 27 Mr. Hackett’s Initial Teaching License will be reinstated upon: 28 1. Submission of a complete application and fees pursuant to OAR 584-050-0015(3); 29 and 30 2. Submission of documentation that he has undergone an evaluation by a 31 psychotherapist or medical professional acceptable to the Commission, and the evaluator ‘2 submits a written report to the Commission attesting (a) Mr. Hackett is fit to work with children 03 and teenagers, and (b) there is a high probability he will not use school district equipment to Page 3 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION - HACKETT \ 1 access sexually explicit materials or engage in similar inappropriate behavior. Any costs '2 associated with the assessment ortreatment will be the responsibility of Mr. Hackett. 3 Upon the reinstatement oflicensure, Mr. Hackett shall be placed on probation by the 4 Commission for a period of four (4) years, subject to the following conditions: 5 a. Mr. Hackett shall substantially comply with any treatment or counseling as 6 recommended by the individual who completed the evaluation described above. Mr. Hackett 7 shall authorize and sign any consent forms as necessary for the treatment provider or counselor 8 to furnish records to or discuss Mr. Hackett’s treatment with the Commission. 9 b. Mr. Hackett shall complywith all Standards for Competent and Ethical Performance '10 of Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020. 11 c. Mr. Hackett shall provide information as requested by the Commission to verify that 12 he has complied with the conditions of probation, including a statement from a future employing 13 district that he has complied with the Standards for Competent and Ethical Performance of 1 4 Oregon Educators. Q Violation of the terms of this probation may constitute an independent basis for the 16 Commission to impose discipline, up to and including revocation of Mr. Hackett’s teaching 17 license subject to Mr. Hackett’s right to a hearing on the issue of whether he violated probation. 18 Issued and dated this 7A day of August, 2006. 19 TEACHER STANDARDS AND PRACTICES COMMISSION g0 STATE 0F OREGON/)7 22 By MSW M 23 ictoria Chamberlain, Executive Director 24 25 Approvedas to form: 27 Z/ '-/ ' 8 m Arms, OSB#01018 ‘i Attorney for Leonard Dean Hackett [062006] Page 4 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION - HACKETT