1 t 1 u H UJILVUI :rur. 10:3‘: Hm :u: a It! at“ Tart,’ “c no. w“, vuo 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) FINAL ORDER OF REPRIMAND 5 JAMES ALAN HELLIE ) AND PROBATION 6 On or about January 26, 2006, the Teacher Standards and Practices Commission 7 (Commission) received a report from Dr. William Feusaherens, Superintendent, Jackson County 8 School District, indicating that James Aian Hellie (Hellie) used district computer systems to access 9 sexually explicit materials. 10 Mr. Hellie fuily cooperated with the Commission's investigation. After review of the matters 11 atleged, Mr. HeIIie and the Commission agree that their respective interests, together with the public 12 interest, are best served by a stipulation to certain facts, the imposition of a Public Reprimand and a 13 two (2) year probation. 14 This document sets forth the facts upon which the parties have agreed and the stipulated 15 sanction to be imposed. Mr. Hellie stipulates that there is sufficient evidence in the Commission's files ' 16 and records to support the findings of tact, conclusions of law, and order set forth below. 17 By signing below, Mr. HeIlie acknowledges, understands, stipulates, and agrees to the 18 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of 19 fact, conclusions of law, and order set forth beiow, and fuIIy and finally waives all such rights and any 20 rights to appeal or othenuise challenge this Stipulation of Facts, Final Order of Reprimand and 21 Probation (Stipulation and Fina! Order); (ii) this Stipulation and Final Order is a public document and 22 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 23 contingent upon and subject to approval and adoption by the Commission. If the Commission does 24 not approve and adopt this Stipulation and Final Order, then neither Mr. Heliie nor the Commission 25 are bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands 26 it completely; (v) he votuntarily, without any force or duress, enters into this Stipulation and Final 27 Order and consents to issuance and entry of the Stiputated Final Order below; (vi) he states that no ' 28 promises or representation has been made to induce him to sign this Stipulation and Final Order; and Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION ~ HELLIE . ‘ _ 01/03/2001 TUE 10: 55 FAX 503 31a 3158 rsec EXC mx @003/004 1 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully . 2 advised with regard to his rights thereto, or waives any and all rights to consult with an attorney prior 3 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 4 below. 5 STIPULATION 0F FACTS 6 1. The Commission has licensed James Alan Hellie since February 3, 2005. Mr. Hellie 7 currently holds a Three Year Professional Technical Teaching License valid February 3, 2005, 8 through February 3, 2008, with an Endorsement in Communication Journalism. 9 2. In January of 2006 Mr. Hellie used a district owned computer in his classroom to access ‘ 10 sexually explicit web sites. 11 3. There is no evidence that students were exposed to this material. ‘ 12 IS e TIPULATED: / i 1s 4 G/ ' ,/fuqf/a, ZWZ 14 JYW Y Date i ' s bx/QZIZ ma... m a? 4 "417 1 1i Victoria Ch 'W-rain, xecutive Iirector Date i 17 Teache tan - - and Practices Commission 18 CONCLUSlONS OF LAW ‘ 19 James Alan Hellie violated OAR 584-02041040(4)(q) by using school computer equipment to , 20 access sexually explicit materials. This misconduct constitutes Gross Neglect of Duty. The 21 Commission has authority to impose discipline in this matter under ORS 342.120 through 342.430 1 22 and OAR Chapter 584. 1 ‘23 ORDER 24 The Commission hereby adopts and incorporates herein the above findings of fact and 25 imposes a Public Reprimand on James Alan Hellie. This Stipulation of Facts, Order and Probation ‘ 26 constitute the Reprimand. T i O Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - HELLlE _ . ‘ 01/03/2001 Tm: 10: ss m 503 31s 3158 rspc exc mt won/004 1 Furthermore, the Commission imposes a two (2) year probation upon Mr. Hellie requiring that . 2 Mr. Hellie comply with all Standards for Competent and Ethical Performance under Oregon 3 Administrative Rules, Chapter 584, Division 020. 4 Violation of the terms of this probation may constitute an independent basis for the 5 Commission to impose discipline, up to and including revocation of Mr. Hellie‘s teaching license 6 subject to Mr. HelIie’s right to a hearing on the issue of whether he violated probation. 7 ' Issued and dated thiséfl day of August, 2007. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 STATE OF OREGON 10 \ 1 1 12 I oria Cha 'n, Executive Director 13 Approved as to form: t4 m M 1 5 ‘ “ 16 Robert R. Dickey, OSB #781826 17 Attorney for Shane Alan Hellie [072720011 Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - HELLIE