' 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
g OF THE STATE OF OREGON

é In the Matter of the Teaching License of )

6 ) STIPULATION OF FACTS

7 JERRY DON BARNETT ) AND SUSPENSION

8 DOB/052151 )
18 On or about June 14, 2001, the Teacher Standards and Practices Commission
11 (Commission) received a report from the North Clackamas School District alleging that
12 Jerry Don Barnett (Barnett), made inappropriate statements to a female student of a
13 romantic nature.
14 After a review of the matters alleged, Mr. Barnett and the Commission agree that
15 their respective interests, together with the public interest, are best served by a
16 stipulation to certain facts and the surrender of his teaching license. Mr. Barnett neither

.17 admits nor denies the factual findings set forth below, that he engaged in wrongdoing,
18 or that he violated any standards of professional conduct. However, he stipulates that
19 there are sufficient facts contained in the records and files of the Commission to support
20 the factual findings set forth below and in entering this stipulation he consents to the
21 Commission making these findings. Mr. Barnett also waives his right to a hearing and
22 understands that the Commission will adopt the ﬁndings of fact, accept the surrender of
23 his teaching license and suspend his teaching license for one (1) year. Mr. Barnett
24 understands that reinstatement of his teaching license after the one-year period of
25 suspension will be subject to specific conditions and a subsequent two (2) year
26 probation.
27 / / /
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Page 1 STIPULATION OF FACTS AND SUSPENSION - BARNETT

' 1 FINDING OF FACTS
2 1. Mr. Barnett holds a Basic Teaching License with an endorsement in Standard
3 Social Studies, effective June 24, 1999 through May 21, 2003. The Commission issued
4 a Conditional Assignment Permit for Middle and High School Student Services,
5 effective November 1, 2000 through November 1, 2003, at the request of North
6 Clackamas School District.
7 2. Mr. Barnett was employed as a Counselor on a temporary one-year contract at
8 Sunrise Middle School in the North Clackamas School District beginning August 28,
9 2000, to June 18, 2001.
1O 3. On June 8, 2001, a thirteen year old, female eighth-grade student reported that
11 during a counseling session at Sunrise Middle School in February of 2001 Mr. Barnett
.12 told her she was beautiful. During subsequent weekly counseling sessions Mr. Barnett
13 repeatedly told her she was beautiful, gave her candy, pens, a birthday card and twenty
14 dollars in cash. Mr. Barnett gave candy, pens and birthday cards to other students at
15 Sunrise Middle School.
16 4. On June 8, 2001, the same female eighth-grade student reported that on
17 June 7, 2001, Mr. Barnett told her that in the middle of the night about four weeks prior
18 he woke up and the first thing that came to his mind was her. Mr. Barnett told the
19 student that he loved her and that she should know about his feelings. He told the
20 student that he was not the kind of person who could love someone and not tell them.
21 5. The thirteen year old, female eighth-grade student told police that as a
22 counselor, Mr. Barnett should know that he shouldn’t be talking to students in that
'23 manner.
Page 2 STIPULATION OF FACTS AND SUSPENSION - BARNETT

' 1 6. There is no evidence that there was any physical contact nor is there evidence
2 that there were conversations of a sexual nature between Mr. Barnett and the eighth-
3 grade female student.
4 7. Mr. Barnett recognizes the egregiousness of the alleged conduct and
5 surrenders his license on the basis of the above facts and agrees to the suspension of
6 his license.
7 This stipulation is contingent upon approval and adoption of the Order by the
8 Commission. If the Commission does not adopt this Order, neither Mr. Barnett nor the
9 Commission are bound by these Stipulations and Mr. Barnett retains all rights to a
10 hearing on the allegations.
11 IT IS SO STIPULATED:
12 i 1,... It: 1 it 2.17 [0 A; ilk;
.13 Jerry Ion =5‘. rhett Date
14 a _
15 M éﬁnw- M/lﬂ A}
16 David V. Myton, Executive Director Date
17 CONCLUSION 0F LAW
18 Mr. Barnett’s actions set forth above constitute Gross Neglect of Duty as per
19 OAR 584-020-0040(4)(o). Mr. Barnett violated OAR 584-020-0035(1)(b) by exploiting
2O his professional relationship with the student. He violated OAR 584-020-0035(1)(c)
21 when he failed to maintain an appropriate student-teacher relationship with the student.
22 ORDER
23 The Commission accepts the surrender of Mr. Barnett’s Basic Teaching License
24 and hereby suspends the Oregon Basic Teaching License of Jerry Don Barnett effective
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Page 3 STIPULATION OF FACTS AND SUSPENSION - BARNETT

' 1 November 16, 2001 for a period of one year. At the end of this suspension period, Mr.
2 Barnett’s Teaching License shall be reinstated providing he meets the following
3 conditions:
4 1. Complete application as per OAR 584-050-0015(3) together with required
5 supporting documentation and fees;
6 2. Documentation that he has completed (at his own expense), an intensive
7 education program regarding appropriate boundaries with students, including sexual
8 harassment education conducted by a qualified trainer or counselor approved in
9 advance by the Commission. This intensive training shall consist of, at least, ﬁve (5)
10 one and one-half (1 1/2) hour sessions. Mr. Barnett shall provide the trainer with a copy
11 of this Order. The program trainer shall provide the Commission with a report of
12 successful program completion;
.13 3. Documentation that he has undergone an evaluation by a psychotherapist or
14 medical professional acceptable to the Commission. The evaluator shall submit a
15 written report to the Commission attesting (1) Mr. Barnett is ﬁt to work with children and
16 teenagers, and (2) there is a high probability he will not engage in conduct similar to the
17 alleged inappropriate behavior. Any costs associated with the assessment or treatment
18 will be the responsibility of Mr. Barnett;
19 Upon reinstatement of his teaching license, Mr. Barnett shall be placed on
2O probation for a period of two years and subject to the condition that he comply with all
21 Standards for Competent and Ethical Performance under Chapter OAR 584, Division
22 O20.
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Page 4 STIPULATION OF FACTS AND SUSPENSION - BARNETT

. 1 Violation of the terms of this probation may constitute an independent basis for
2 the Commission to impose discipline, up to and including revocation of Mr. Barnett’s
3 teaching license subject Mr. Barnett’s right to a hearing on the issue of whether he
4 violated probation.
yo
5 Dated this '11 day of November, 2001
6 TEACHER STANDARDS AND PRACTICES COMMISSION
7
8 By: Q7325 i é‘ g? El J‘ ‘ T
9 David V. Myton, Exe tive Director
1O
11 APPROVED AS TO FORM
12
1s Qi- ‘a: @41 <9
"4 Elizabth . Joffe, o -# ‘A?!
15 Attorney for Jerry Don Barnett
16
Page 5 STIPULATION OF FACTS AND SUSPENSION - BARNETT