i NOTICE OF OPPORTUNITY FOR HEARING 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COB/[MISSION 2 OF THE STATE OF OREGON m . , 3 iiegéiiiiil; $2512“; STIPULATION AND ORDER OF Kim??? WW3 4 ROBERT WATSON SHURTZ SUSPENSION i o 7 4.00.0 PGRHAMD, ‘35356651 5 6 On December 22, 1999, the Teacher Standards and Practices Commission (Commission) 7 issued a Notice of Opportunity for Hearing to Robert Watson Shurtz (Shurtz) in which the 3 Commission proposed to suspend or revoke Shurtz’ teaching license or otherwise impose 9 discipline under ORS 342.177 based on an allegation that Shurtz used school equipment to 10 access sexually explicit materials, Shurtz requested a hearing through his attorney, Nelson Hall, 11 to contest the allegations in the notice‘ Afler a review of the matters alleged, Shurtz and the 12 Commission have agreed that their respective interests, together with the public interest, are best l3 served by a stipulation to certain facts and the imposition of a 90-day suspension, followed by a 14 period of probation. This Order sets forth the facts upon which the parties have agreed and the 15 sanction to be imposed. In entering into this stipulation, Shurtz waives his right to a hearing to 16 contest the findings of fact, conclusion of law and order set forth below. 17 STIPULATED FACTS 18 1‘ Shurtz holds a standard Oregon Teaching License. He was employed by the 19 Eugene School District 4J from approximately 1996 until the end of the 1998-99 school year 20 when he resigned his position with the district‘ 21 2, During the 1998-99 school year, Shurtz on multiple occasions used computer 22 equipment owned by the district and located at the Cal Young Middle School to access sexually 23 explicit materials through the internet, The computer was located in Shurtz’ classroom, 24 /// 25 /// 26 /// V Page l - STIPULATION AND ORDER OF SUSPENSION GMC/tjh/GEN47851DOC . 1 ULTIMATE FINDING 0F FACT 2 Shurtz used computer equipment owned by his employing school district and located on 3 school premises to access sexually explicit materials without authorization from the district. 4 CONCLUSION OF LAW 5 Shurtz’ activities constituted gross neglect of duty in violation of OAR 584-020- 6 0040(4)(a). 7 IT ,0 s I'ULATED: 8 1M}. JMLA 9 Rr'r rt Watsourtz Date 10 1 M p432! lw~ 57/7! 150 11 David V. Myton, Executive Director Date 12 13 ORDER . 14 The Oregon Teaching License of Robert Watson Shurtz is suspended for a period of 15 90 days from the date of this Order, At the end of the suspension period, Shurtz’ teaching 16 license will be reinstated upon application and a showing by Shurtz that he has undergone an 17 evaluation at his own expense by a medical professional acceptable to the Commission, and the 18 evaluator submits a written report to the Commission attesting (l) Shurtz is fit to work with 19 children and teenagers and (2) there is a high probability he will not use school district 20 equipment to access sexually explicit materials or engage in similar inappropriate behavior. 21 Following the reinstatement of his teaching license, Shurtz shall be placed on probation to the 22 Commission for a period of two years subject to the following conditionsi 23 1, Shurtz shall undergo treatment or counseling as recommended by the medical 24 professional who completed the evaluation described above‘ 25 2. Shurtz shall comply with all Standards for Competent and Ethical Performance .26 under OAR 584, Division 020. Page 2 - STIPULATION AND ORDER OF SUSPENSION GMC/tjh/GEN47851DOC ' l 3. Shurtz shall provide information as requested by the Commission to verify that he 2 has complied with the conditions of probation. 3 DATED this flgy of M0. 4 5 TEACHERS STANDARDS AND PRACTICES COMMISSION 6 By1 M 7 David M. Myton, Exe utive Secretary 3 Approved as to form 9 11 elson Hal , Attorney for Shurtz Date 12 >Ki/3ltt {L ((6166 4- H3 ‘T CC; 13 mm F ' 14 15 l6 17 18 19 20 21 22 23 24 25 .26 Page 3 - STIPULATION AND ORDER OF SUSPENSION GMC/tjh/GEN47851.DOC