, 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . 2 OF THE STATE OF OREGON 3 In the Matter of the Teaching License of ) STIPULATION OF FACTS 4 ) ORDER OF REPRIMAND 5 LLOYD GEORGE BOWLER JR ) AND PROBATION 6 ' ) 7 On or about September 28, 2001, The Teacher Standards and Practices Commission 8 (Commission) received a report from Rick Pass, Superintendent, Knappa School District 9 indicating that Lloyd George Bowler, Jr., (Bowler), a licensed teacher, engaged in inappropriate 10 use of school district equipment and employment time for personal purposes. 11 Mr. Bowler fully cooperated with the Commission's investigation and did not contest the 12 allegations. After review of the matters alleged, Mr. Bowler and the Commission agree that 13 their respective interests, together with the public interest, are best served by a stipulation to 14 certain facts, a Reprimand and a two (2) year probation. This Order sets forth the facts upon ' 15 which the parties have agreed and the sanction to be imposed. In entering into this stipulation, 16 Mr. Bowler waives the right to a hearing to contest the findingS of fact, conclusions of law-and 17 Order set forth below. This stipulation is contingent upon approval and adoption of the Order by 18 the Commission. If the Commission does not adopt this Order, neither Mr. Bowler nor the 19 Commission are bound by these Stipulations and Mr. Bowler retains all rights to a hearing on 2O the allegations. . 21 STIPULATION 0F FACTS 22 1. Mr. Bowler holds a Standard Teaching License issued March 9, 2001, valid through 23 May 24, 2006, with Endorsements in Basic Language Arts and Social Sciences; and Standard 24 Handicapped Learner 1. The Commission has continually licensed Mr. Bowler since 1978. 25 There are no prior complaints on file. O Page 1 STIPULATION OF FACTS ORDER OF REPRIMAND AND PROBATION - BOWLER 1 2. Mr. Bowler is employed by Knappa School District and has been since September of . 2 1978. Mr. Bowler received positive teacher evaluations during his past 23 years of 3 employment as a Special Education Teacher with Knappa School District. The District is fully 4 aware of Mr. Bowler‘s personal Internet activity during the 2000-2001 school year. 5 3. A District-owned computer with Internet access was present in Mr. Bowler’s 6 classroom for his use in connection with his assigned responsibilities. 7 4. During the 2000-2001 school year Mr. Bowler used his classroom computer and the 8 District's Internet connection to create and send personal email messages to individuals outside 9 the District prior to school, during his break, prep time, lunch time, and after school. Mr. Bowler 10 did not use student class time to create and send personal email messages. 11 5. Mr. Bowler admits that he should not have used District computer equipment for 12 engaging in extensive personal business and has expressed remorse for doing so. . 13 6. Mr. Bowler has never denied his actions to the School District or Commission. He 14 accepts responsibility and acknowledges his mistake. 15 7. Mr. Bowler has voluntarily obtained counseling in order to resolve personal issues ‘ 16 that affected his decisions about the use of school time and resources. 17 IT IS SO STIPULATED: 13 5%“th a? gmtm 6M w cm. $2001 20 Lloyd G rge wler, . Date 23 David V. Myton, Execu rve Director Date 24 Teacher Standards and Practices Commission 25 ULTIMATE FINDING 0F FACT 26 Lloyd George Bowler, Jr., used the computer equipment and Internet connection owned . 27 by his employer, Knappa School District, located on school premises, to create and send Page 2 STIPULATION OF FACTS ORDER OF REPRIMAND AND PROBATION - BOWLER 1 personal email messages during the 2000-2001 school year. Mr. Bowler was fully aware that ' 2 his use of District owned computer equipment and employment time for personal purposes was 3 inappropriate and in violation of District policy. 4 CONCLUSION OF LAW 5 Mr. Bowler‘s activities constitute Gross Neglect of Duty in violation of OAR 584-020- 6 0040(4)(b). 7 ORDER 8 The Commission Reprimands Mr. Bowler for Neglect of Duty in this matter. This 9 stipulation of facts and Order shall serve as the Reprimand. The Commission imposes a two 1O (2) year probation upon Mr. Bowler‘s Standard Teaching License. Mr. Bowler shall comply with 11 all Standards for Competent and Ethical Performance under Chapter 584, Division 020. 12 Violation of the terms of this probation may constitute an independent basis for the ' 13 Commission to impose discipline, up to and including revocation of Mr. Bowler‘s teaching 14 license subject to Mr. Bowler‘s right to a hearing on the Issue of whether he violated probation. 15 Dated this L/day of January, 2002 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 18 By: £7224 I2 IIZEE ‘L0’ 19 David V. Myton, Exe utive Director 20 APPROVED AS TO FORM 3% Elizab th McKanna OSB #89306 24 Attorney for Lloyd George Bowler, Jr. 25 26 O Page 3 STIPULATION OF FACTS ORDER OF REPRIMAND AND PROBATION - BOWLER ’ I McKano I Bishop I Joffe I Afiomeys John S. Bishop, II Elizabeth A. Joffe Aruno A. Mosih Elizabeth A. Mchth Legal Assistants Julie L. Cohrs Lynne M. Fergusson Marlo R. Menkins January 11, 2002 ,. _. t . VIA FAX 1\503\378 4448 Susan Nisbet Investigator Teacher Standards and Practices Commission 465 Commercial Street NE Salem 0R 97301 Dear Susan: On behalf of my client, Lloyd Bowler, I hearby authorize TSPC to change of the date of . birth from 053162 to the correct date of birth “052451” in the caption and anywhere else in the Stipualtion and Order as required. Very truly yours, MCKANNA BISHOP OFFE V%/4%/ We Elizabeth McKanna EAM:Im Cc: Lloyd Bowler Dot Russell Mark Toledo F:\OEA\OEA LDP 03\03-140 BowlsflNesbilmpd I 851 SW Sixth Avenue, Suite 1625, Forllond, OR 97204 I Phone: 503-226-6lll I Fox: 503-226-612 I mbjlow.com I