1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
Q OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS,
4 Teaching License of ) ORDER OF SUSPENSION
5 KEVIN WAYNE SPINNEY ) AND PROBATION
6 On or about June 30, 2003, the Teacher Standards and Practices Commission
7 (Commission) received a report from Larry Horton, Superintendent, Sweet Home
8 School District, indicating that Kevin Wayne Spinney (Spinney) used his school
9 computer to access sexually explicit material on the Internet.
1O After review of the matters alleged, Mr. Spinney and the Commission agree that
11 their respective interests, together with the public interest, are best served by a
12 stipulation to certain facts and the imposition of a ninety (90) day suspension of
3 Iicensure followed by two (2) year period of probation upon reinstatement of Licensure.
Q This Order sets forth the facts upon which the parties have agreed and the
15 sanction to be imposed. Mr. Spinney stipulates that there are sufficient facts contained
16 in the Commission's files and records to support the findings of fact and conclusions of
17 law set forth below. In entering into this stipulation, Mr. Spinney waives the right to a
18 hearing to contest the findings of fact, conclusions of law and order set forth below.
19 Mr. Spinney understands that the probation will be subject to specific conditions.
20 This stipulation is contingent upon approval and adoption of the Order by the
21 Commission. If the Commission does not adopt this Order, neither Mr. Spinney nor the
22 Commission are bound by these Stipulations and Mr. Spinney retains all rights to a
23 hearing on the allegations.
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Page 1 STIF'ULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - SPINNEY

1 STIPULATION 0F FACTS
Q 1. Mr. Spinney holds an Initial Teaching License issued September 21, 2001,
3 valid through April 5, 2005, with a Health Education Endorsement.
4 2. Mr. Spinney began employment with the Sweet Home School District as a
5 Health/Physical Education Teacher at Sweet Home High School in August of 2001. On
6 March 7, 2003, Mr. Spinney resigned his teaching position in lieu of non-renewal
7 effective June 13, 2003.
8 3. A District-owned computer with Internet access was present in Mr. Spinney’s
9 classroom for his use in connection with his assigned responsibilities. The District has a
1O clearly defined, acceptable use policy. The District's policy prohibits the use or
11 attempted use of equipment for Internet access of sexually explicit materials.
2 4. Mr. Spinney used his classroom computer on June 18, 23 and 24, 2003, to
Q access sexually explicit materials through the District's Internet connection in violation of
14 District policy regarding Internet use.
15 IT IS SO STIPULATED:
16 Kéolc. - ‘w\1'ég~“ 41/6104
17 Kevin Wayne SQ ey \ . _ Date
18 " aQrz ‘(24%1/4/4 flak/C, 5-/’7'0‘/
19 Victoria Cha ber in, Executive Director Date
2O Teacher Stanards and Practices Commission
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Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - SPINNEY

1 ULTIMATE FINDING OF FACT
Q Kevin Wayne Spinney used the computer equipment owned by his employer,
3 Sweet Home School District, located on school premises, to access sexually explicit
4 materials. Mr. Spinney was fully aware that accessing such materials at the workplace
5 using a District owned computer was inappropriate and in violation of District policy.
6 CONCLUSION OF LAW
7 Kevin Wayne Spinney’s inappropriate use of a District computer constitutes
8 Gross Neglect of Duty in violation of OAR 584-020-0040(4)(q). The Commission's
9 authority to impose discipline in this matter is based upon ORS 342.175.
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Page s STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - SPINNEY

1 ORDER
Q Kevin Wayne Spinney’s Initial Teaching License is suspended for a period 0f
3 ninety (90) days effective on May 7, 2004. At the end of this suspension period,
4 Mr. Spinney’s Initial Teaching License will be reinstated upon:
5 1. Submission of a complete application and fees pursuant to OAR 584-O50—
6 0015(3); and
7 2. Submission of documentation that he has undergone an evaluation by a
8 psychotherapist or medical professional acceptable to the Commission, and the
9 evaluator submits a written report to the Commission attesting (a) Mr. Spinney is fit to
10 work with children and teenagers, and (b) there is a high probability he will not use
11 school district equipment t0 access sexually explicit materials or engage in similar
2 inappropriate behavior. Any costs associated with the assessment or treatment will be
Q the responsibility of Mr. Spinney.
14 Upon the reinstatement of Iicensure, Mr. Spinney shall be placed on probation by
15 the Commission for a period of two (2) years, subject to the following conditions:
16 1. Mr. Spinney shall substantially comply with any treatment or counseling as
17 recommended by the individual who completed the evaluation described above.
18 Mr. Spinney shall authorize and sign any consent forms as necessary for the treatment
19 provider or counselor to furnish records to or discuss Mr. Spinney’s treatment with the
20 Commission.
21 2. Mr. Spinney shall comply with all Standards for Competent and Ethical
22 Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584,
23 Division 020.
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Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION _ SPINNEY

'1 3. Mr. Spinney shall provide information as requested by the Commission to
2 verify that he has complied with the conditions of probation, including a statement from
3 a future employing district that he has complied with the Standards for Competent and
4 Ethical Performance of Oregon Educators.
5 Violation ofthe terms of this probation may constitute an independent basis for
6 the Commission to impose discipline, up to and including revocation of Mr. Spinney’s
7 teaching license subject to Mr. Spinney’s right t0 a hearing on the issue of whether he
8 violated probation.
. 7+1/"
9 IT IS SO ORDERED this day of May, 2004.
1O TEACHER STANDARDS AND PRACTICES COMMISSION
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7f ‘ ii 7 7Q
12 B : /, /' 1/ {Z/l
. ictoria Cha ain, Executive Director [0316041
Page 5 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - SPINNEY