I
j . 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
I? OF THE STATE OF OREGON
g In the Matter of the Teaching License of )
6 ) STIPULATION OF FACTS
7 GERALD JOHN SCHMECKPEPER ) AND PROBATION
g )
1O On or about August 23, 2001, the Teacher Standards and Practices Commission
11 (Commission) received a complete application for a reinstatement of a Standard Teaching
12 License from Gerald John Schmeckpeper (Schmeckpeper).
13 Mr. Schmeckpeper responded "yes" to character question, “1. Have you ever left any
14 educational or school-related employment, voluntarily or involuntarily, while the subject of an
15 inquiry, review or investigation of alleged misconduct or alleged violation of professional
16 standards of conduct or when you had reason to believe such investigation was imminent’?
, 17 Mr. Schmeckpeper responded “yes” to character question, “2. Are you currently the subject of
18 an inquiry, review or investigation for alleged misconduct or alleged violation of professional
19 standards of conduct?" Mr. Schmeckpeper responded “yes” to character question. “5. Have
20 you ever been denied a professional license for which you have applied...“
21 After review of the facts in this matter, Mr. Schmeckpeper and the Executive Director
22 agree that their respective interests, together with the public interests, are best served by a
23 stipulation to certain facts and reinstatement of licensure, followed by a probation of two (2)
24 years.
25 This Order sets forth the facts upon which the parties have agreed and the sanction to
26 be imposed. In entering into this stipulation, Mr. Schmeckpeper waives the right to a hearing to
27 contest the findings of fact, conclusion of law and order set forth below. Mr. Schmeckpeper
28 understands that the Commission will impose a two (2) year probation with specific conditions.
29 This stipulation is contingent upon approval and adoption of the Order by the
30 Commission. If the Commission does not adopt this Order, neither Mr. Schmeckpeper nor the
Page 1 STIPULATION OF FACTS AND PROBATION - SCHMECKPEPER

1 Commission are bound by these Stipulations and Mr. Schmeckpeper retains all rights to a
. 2 hearing on the allegations.
3 FINDINGS OF FACT
4 1. On or about August 23, 2001, The Commission received a complete application for
5 . renewal of a Standard Teaching License from Gerald Schmeckpeper.
6 2. Mr. Schmeckpeper held an Oregon Teaching License from July 1, 1973 to September
7 14, 1984, when his Standard Teaching License expired.
8 3. Mr. Schmeckpeper was employed as an industrial technology teacher by Scottsbluff
9 Public Schools for 19 years. Mr. Schmeckpeper’s employment with the district terminated on or
1O about September 7, 2000.
11 4. A district owned computer with lntemet access was present in
12 Mr. Schmeckpeper’s classroom for his use in connection with his assigned responsibilities.
13 5. During the 1999-2000 school year, Mr. Schmeckpeper used his classroom computer on
'14 multiple occasions during classroom time to access Ebay, and other commercial sites and to
15 view and disseminate email containing sexually explicit material.
16 6. Mr. Schmeckpeper was licensed by the Department of Education for the State of
17 Nebraska. On or about August 31, 2000, Mr. Schmeckpeper’s Nebraska public school
18 certification, endorsed in industrial technology expired. On or about September 6, 2000, the
19 Nebraska Department of Education refused to renew his certification. On August 10, 2001,
2O after hearing the matter, the Nebraska Department of Education, Professional Practices
21 Commission, denied Mr. Schmeckpeper’s application for renewal based upon a hearing officer’s
22 findings that, “The Petitioner’s use of a school computer during classroom time, to view and
23 disseminate email material over the Internet that he had received and which in turn depicts
24 cartoons, jokes and photographs of a sexual nature, including pictures of nude women, women
25 in sexually derogatory and offensive situations, and well as men and women engaged in sexual
'26 activities does not demonstrate good moral character."
Page 2 STIPULATION OF FACTS AND PROBATION - SCHMECKPEPER

' 1 7. Mr. Schmeckpeper admits that he should not have used school district computer
2 equipment for viewing and forwarding email containing sexually explicit material and hereby
3 expresses remorse for doing so.
4 8. Mr. Schmeckpeper’s use of Scottbiuff Public School computer equipment would
5 constitute a violation of Standards for Competent and Ethical Performance of Oregon
6 Educators.
7 IT IS so STIPU AT?’ /
8 4/ H , / 51d 411/ M
1g /~r/. . n Sc - peper Date
1, -' ' 4AA. m/r/v/
12 David V. Myt n, Executive Director _D—a_t_e_——
13 CONCLUSION OF LAW
14 Mr. Schmeckpeper’s behavior as set forth above may be used as evidence to establish
'1 5 his lack of fitness to serve as a teacher under ORS 342.143.
16 ORDER
17 The Oregon Teacher Standards and Practices Commission adopts the above Findings
18 of Fact and places Mr. Schmeckpeper on probation with the Commission for two (2) years. The
19 probation shall commence October 4, 2001.
20 The Commission authorizes issuance of renewal of a Standard Teaching License to
21 Gerald John Schmeckpeper subject to all standard terms and conditions and subject to the
22 following special terms of probation:
23 1. Within the first six months of this probation, on or before April 4, 2002,
24 Mr. Schmeckpeper shall submit documentation that he has undergone an evaluation by a
25 psychotherapist or medical professional acceptable to the Commission, and the evaluator
26 submits a written report to the Commission attesting (a) Mr. Schmeckpeper is fit to work with
'27 children and teenagers, and (b) there is a high probability he will not use school district
Page 3 STIPULATION OF FACTS AND PROBATION - SCHMECKPEPER

1 equipment to receive or transmit sexually explicit materials or engage in similar inappropriate
. 2 behavior. Any costs associated with the assessment or treatment will be the responsibility of
3 Mr. Schmeckpeper.
4 2. Mr. Schmeckpeper shall not use school district computer equipment for personal
5 purposes unrelated to school business.
6 3. Mr. Schmeckpeper shall comply with the Standards for Competent and Ethical
7 Performance of Oregon Educators under OAR Chapter 584, Division 020.
8 Violation of any of the terms of probation shall constitute an independent basis for the
9 Commission to revoke Mr. Schmeckpeper’s teaching license or othenlvise impose discipline,
1O after first providing Mr. Schmeckpeper with notice and opportunity for hearing.
11 Dated this M ‘Liday of November 2001.
12 TEACHER STANDARDS AND PRACTICES COMMISSION
'14 By: I ’ .
15 David V. M on, Ex c tive Director
O
Page 4 STIPULATION OF FACTS AND PROBATION - SCHMECKPEPER