Q. BEFORE THE TEACHERS STANDARDS AND PRACTICE COMMISSION OF THE STATE OF OREGON In the Matter of the STIPULATION AND ORDER OF ‘ Teaching License of SUSPENSION ‘ CINDY BATEASE On or about June 7, 2000, the Teacher Standard and Practices Commission (Commission) i notified Cindy Batease (Ms. Batease) that a report had been filed alleging that Ms. Batease sent a sexually explicit e-mail to a student. The complaint was filed by William Dixon, the superintendent, of the Long Creek School District. . Ms. Batease fully cooperated with the Commission’s investigation and did not contest the allegation. After a review of the matters alleged, Ms. Batease and the Commission have agreed that their respective interests, together with the public interest, are best served by a stipulation to certain facts and the imposition of 60 day suspension, followed by a period of probation of one year. This Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. In entering into this stipulation, Ms. Batease waives her right to a hearing to contest the findings of fact, conclusion of law and order set forth below. STIPULATED FACTS l. Ms. Batease holds an Oregon Teaching License. She was employed by the Long Creek School District as a teacher and coach from September 18, 1998, until May 5, 2000, when . she resigned. Ms‘ Batease has a positive record with the Long Creek School District. Page l - STIPULATION AND ORDER OF SUSPENSION — CINDY BATEASE 2. During the 1999-2000 school year, a District-owned computer with Internet access was . placed in Ms. Batease‘s classroom for her use in connection With her assigned responsibilities. 3. On 0r about April 27, 2000, Ms. Batease mistakenly sent an inappropriate e-mail to a 11'h grade student. 4. N0 students were present at the times Ms. Batease viewed the above materials on the computer, nor was there any risk of students viewing the inappropriate material. However, Ms. Batease realized that she should not have used the computer for sending an e-mail to a student, even though she did so mistakenly, and expressed remorse for s0 doing. ULTIMATE FINDING OF FACT ' Cindy Batease used computer equipment owned by her employing school district and located on school premises to send an inappropriate e-mail cartoon to a student. _ CONCLUSION OF LAW Cindy Batease’s activities constituted gross neglect of duty in violation of OAR 584-020- 0040(a) and 584-020-0040(t). This stipulation is contingent upon approval and adoption of the Order by the Commission. If the Commission does not adopt this Order, neither Ms. Batease nor the Commission are bound by these Stipulations and Ms. Batease retains all rights t0 a hearing on the allegations. /// /// . /// I Page 2 - STIPULATION AND ORDER OF SUSPENSION — CINDY BATEASE ‘ ‘ It is so stipulated: r , / /MZ@/ Ci at . e y . Date 1 ' ‘ ' b U 0 0 David V. Myton, Exec ive Director Date ORDER The Oregon Teaching License of Cindy Batease is suspended for a period of 60 days from July 1, 2000. At the end of this suspension period, Ms. Batease’s teaching license will be reinstated upon application and a showing by Ms. Batease that she has undergone an evaluation at her own expense by a psychotherapist or medical professional acceptable to the Commission, and the evaluator submits a written report to the Commission attesting (1) Ms. Batease is fit to . work with children and teenagers and (2) there is a high probability she will not use school district equipment to send inappropriate materials to a student or engage in similar inappropriate i behavior. Following the reinstatement of her teaching license, Ms. Batease shall be placed on probation by the Commission for a period of one year subject to the following conditions: 1. Ms. Batease shall substantially comply with any treatment or counseling as recommended by the individual who completed the evaluation described above. 2. Ms. Batease shall authorize and sign any consent form as necessary for the treatment provider or counselor to furnish records tovor discuss Ms. Batease’s treatment with the Commission. 3. Ms. Batease shall comply with all Standards for Competent and Ethical Performance . under OAR 584, Division 020. Page 3 - STIPULATION AND ORDER OF SUSPENSION — CINDY BATEASE ‘ 4. Ms. Batease shall provide information as requested by the Commission to verify that she has complied with the conditions of probation. m! Dated this / Zmay of i'm1e02000. By: Mi” _ _ _.7../ Z71 1>___o ____ David V. Myton, Executi e Director Date Page 4 - STIPULATION AND ORDER OF SUSPENSION — CINDY BATEASE