'1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON .
3 In the Matter of the ) STIPULATION OF FACTS, .
4 Administrative License of ) ORDER OF SUSPENSION ‘
5 JEFFREY ALLAN NAGEL ) AND PROBATION I
6 On 0r about February 25, 2003, the Teacher Standards and Practices
7 Commission (Commission) received a report from James Robinson, Superintendent, I
8 Lebanon Community Schools, indicating that Jeffrey Allan Nagel (Nagel) used his
9 school computer to access sexually explicit material on the Internet.
10 Mr. Nagel fully cooperated with the Commission's investigation. After review of
11 the matters alleged, Mr. Nagel and the Commission agree that their respective interests,
12 together with the public interest, are best served by a stipulation to certain facts and the
3 imposition of a ninety (90) day suspension of Iicensure followed by a period of probation
Q1 upon reinstatement.
15 This Order sets forth the facts upon which the parties have agreed and the
16 sanction to be imposed. Mr. Nagel stipulates that there are sufficient facts contained in
17 the Commission’s files and records to support the findings of fact and conclusions of law
18 set forth below. In entering into this stipulation, Mr. Nagel waives the right to a hearing
19 to contest the findings of fact, conclusion of law and order set forth below. Mr. Nagel
2O understands that the probation will be subject to specific conditions.
21 This stipulation is contingent upon approval and adoption of the Order by the
22 Commission. If the Commission does not adopt this Order, neither Mr. Nagel nor the
23 Commission are bound by these Stipulations and Mr. Nagel retains all rights to a
‘1 hearing on the allegations.
2:5 ///
Page 1 STIPULATION OF FACTS, ORDER 0F SUSPENSION AND PROBATION - NAGEL

1 STIPULATION OF FACTS
'2 1. Mr. Nagel holds a Transitional Administrative License issued July 29, 2002,
3 valid through July 29, 2005, with an Administrator Endorsement.
4 2. Mr. Nagel was employed by Lebanon Community Schools as a Principal of
5 Green Acres Elementary School beginning in July of 2002. Mr. Nagel voluntarily
6 resigned his employment with the District on April 1, 2003.
7 3. A District-owned computer with Internet access was present in Mr. Nagel‘s
8 office for his use in connection with his assigned responsibilities. The District has a
9 cleafly defined electronic communication policy. The District's policy prohibits the use
10 or attempted use of equipment for Internet access of sexually explicit materials.
11 4. Mr. Nagel used his office computer to access sexually explicit materials
through the Districts Internet connection in violation of District policy regarding
‘3 electronic communication.
14 5. Mr. Nagel admits that he should not have used the District computer for
15 viewing sexually explicit materials and has expressed remorse for doing so.
16 IT IS SO STIPULATED:
17 mm; II A mm; , . ‘I—8—-0f>______—
18 --' ‘I ‘Ilan N-ue _ Date
19 M2011.“ l .1 4L“
20 Victoria I hambe aIn, Exec tive Director Date
21 Teacher “ - - = - rds and Practices Commission
22 ULTIMATE FINDING OF FACT
23 Jeffrey Allan Nagel used the computer equipment owned by his employer,
24 Lebanon Community Schools, located on school premises, to access sexually explicit
‘ materials. Mr. Nagel was fully aware that accessing such materials at the workplace
26 using a District owned computer was inappropriate and in violation of District policy.
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - NAGEL

1 CONCLUSION OF LAW
Q Jeffrey Allan Nagel‘s inappropriate use of a District computer constitutes Gross
3 Neglect of Duty in violation of OAR 584-020-0040(4)(q). The Commission’s authority to
4 impose discipline in this matter is based upon ORS 342.175.
5 ORDER
6 Jeffrey Allan Nagel‘s Transitional Administrative License is suspended for a
7 period of ninety (90) days effective on April 2, 2003. At the end of this suspension
8 period, Mr. Nagel‘s Transitional Administrative License will be reinstated upon:
9 1. Submission of a complete application and fees pursuant to OAR 584-050-
10 0015(3); and
11 2. Submission of documentation that he has undergone an evaluation by a
2 psychotherapist or medical professional acceptable to the Commission, and the
Q evaluator submits a written report to the Commission attesting (a) Mr. Nagel is fit to
14 work with children and teenagers, and (b) there is a high probability he will not use
15 school district equipment to access sexually explicit materials or engage in similar
16 inappropriate behavior. Any costs associated with the assessment or treatment will be
17 the responsibility of Mr. Nagel.
18 Upon the reinstatement of Iicensure, Mr. Nagel shall be placed on probation by
19 the Commission until July 29, 2005, subject to the following conditions:
20 1. Mr. Nagel shall substantially comply with any treatment or counseling as
21 recommended by the individual who completed the evaluation described above.
22 Mr. Nagel shall authorize and sign any consent forms as necessary for the treatment
23 provider or counselor to furnish records to or discuss Mr. Nagel‘s treatment with the
Q Commission.
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - NAGEL

1 2. Mr. Nagel shall comply with all Standards for Competent and Ethical
'2 Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584,
3 Division 020.
4 3. Mr. Nagel shall provide information as requested by the Commission to verify
5 that he has complied with the conditions of probation, including a statement from a
6 future employing district that he has complied with the Standards for Competent and
7 Ethical Performance of Oregon Educators.
8 4. Mr. Nagel shall complete all requirements to obtain the Initial or Continuing
9 Administrator License by July 29, 2005.
10 Violation of the terms of this probation may constitute an independent basis for
11 the Commission to impose discipline, up to and including revocation of Mr. Nagel‘s
2 teaching license subject to Mr. Nagel‘s right to a hearing on the issue of whether he
Q violated probation. VI,
14 IT IS SO ORDERED this é day of May, 2003
15 TEACHER STANDARDS AND PRACTICES COMMISSION
16 ,/ <
17 By /%”J/M
18 icoria Cha FEWVExecutiv- Director
19 APPROVED AS To ORM
2? ‘my! ;_
22 Jame M. Brow-, OSB# 67012
23 Attorn -y for Jeffrey Allan Nagel [0321031
O
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - NAGEL