1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) FINAL ORDER OF REPRIMAND 5 DAVID REESE HUTCHESON ) AND PROBATION 6 On or about August 9, 2006, the Teacher Standards and Practices Commission (Commission) 7 received a report from Roland Worrell, Superintendent, Harrisburg School District, indicating that ‘ 8 David Reese Hutcheson (Hutcheson) used district computer systems to access inappropriate web 9 sites. 10 Mr. Hutcheson fully cooperated with the Commission’s investigation. Afier review of the 11 matters alleged, Mr. Hutcheson and the Commission agree that their respective interests, together i 12 with the public interest, are best served by a stipulation to certain facts, the imposition of a Public I 13 Reprimand and a two (2) year probation. ‘ 14 This document sets forth the facts upon which the parties have agreed and the stipulated I 1.sanction to be imposed‘ Mr. Hutcheson stipulates that there is sufficient evidence in the 16 Commission's files and records to support the findings of fact, conclusions of law, and order set forth 17 below. 18 By signing below, Mr. Hutcheson acknowledges, understands, stipulates, and agrees to the 19 following: (i) he has been fully advised of his rights to notice and a hearing to contest the findings of 20 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 21 rights to appeal or otherwise challenge this Stipulation of Facts, Final Order of Reprimand and 22 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and 23 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 24 contingent upon and subject to approval and adoption by the Commission. If the Commission does 25 not approve and adopt this Stipulation and Final Order, then neither Mr. Hutcheson nor the 26 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and . understands it completely; (v) he voluntarily, without any force or duress, enters into this Stipulation 28 and Final Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states Page 1 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - HUTCHESON 1 that no promises or representation has been made to induce him to sign this Stipulation and Final ‘Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has 3 been fully advised with regard to his rights thereto, or waives any and all rights to consult with an 4 attorney prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 5 Final Order below. 6 STIPULATION OF FACTS 7 1. The Commission has licensed David Reese Hutcheson since January 28, 2004. Mr. 8 Hutcheson currently holds an Initial Teaching License valid January 28, 2004, through November 7, 9 2007, and a Conditional Permit with the Eugene School District, valid November 6, 2006 through 10 November 9, 2009 with and Endorsement in Social Studies. 11 2. During the Spring Semester of 2006 Mr. Hutcheson used district owned computer in his 12 classroom to access inappropriate web sites. 13 3. Mr. Hutcheson resigned from the Harrisburg School District August 4, 2006 1.|f|§ so srr ULA p: 71/ 15 '/i/Z'%::Zilk $6007 16 D ' ese h on Date w MAM M 18 rctorra Ch n, Executive Director Date 19 Teacher Standards and Practices Commission 20 CONCLUSIONS OF LAW 21 David Reese Hutcheson violated OAR 584-020-0040(4)(q) by using school computer 22 equipment to access inappropriate web sites. This misconduct constitutes Gross Neglect of Duty. 23 The Commission has authority to impose discipline in this matter under ORS 342.120 through 24 342.430 and OAR Chapter 584. 25 ORDER 26 The Commission hereby adopts and incorporates herein the above findings of fact and 2 imposes a Public Reprimand on David Reese Hutcheson. This Stipulation of Facts, Order and 2b Probation constitute the Reprimand. Page 2 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - HUTCHESON 1 Furthermore, the Commission imposes a two (2) year probation upon Mr. Hutcheson requiring ‘ that Mr. Hutcheson comply with all Standards for Competent and Ethical Performance under Oregon 3 Administrative Rules, Chapter 584, Division 020. 4 Violation of the terms of this probation may constitute an independent basis for the 5 Commission to impose discipline, up to and including revocation of Mr. Hutcheson's teaching license 6 subject to Mr. Hutcheson‘s right to a hearing on the issue of whether he violated probation. 7 Issued and dated thisé fi day of August, 2007. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 STATE OF OREGON f 1 0 j/ t 1 1 B Mt, 12 rctoria Ch rlai xecutive Director 13 Pprove- .~-tof l l l 14 ' 4i’) <-.-' ‘r 15 29A idling.’ 1 Br- -yLit hfiel, o“! -' 9'”13 A orney fr Da d Reese Hutchson [071220071 Page 3 STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - HUTCHESON