1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF REPRIMAND 2 MATTHEW JAMES MAHONEY ) 7 On or about May 14, 2010 the Teacher Standards and Practices Commission 8 (Commission) received a report from the Salem-Keizer School District, indicating that 9 Matthew James Mahoney (Mahoney) conducted personal business on district time and 1O using district resources. 1 1 After review of the matters alleged, Mahoney and the Commission agree that 12 their respective interests, together with the public interest, are best served by a 13 stipulation to certain facts and the imposition of a Public Reprimand. 14 By signing below, Mahoney acknowledges, understands, stipulates, and agrees to 1 5 the following: (i) he has been fully advised of his rights to notice and a hearing to contest 16 the findings 0f fact, conclusions of law, and order set forth below, and fully and finally 17 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 18 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation 19 and Final Order is a public document and disclosed to the public upon request by the 20 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 21 approval and adoption by the Commission. If the Commission does not approve and 22 adopt this Stipulation and Final Order, then neither Mahoney nor the Commission are 23 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 24 understands it completely; (v) he voluntarily, without any force or duress, enters into 25 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 26 Final Order below; (vi) he states that no promise or representation has been made to 27 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 28 attorney regarding this Stipulation and Final Order and has been fully advised with 29 regard to his rights thereto, or waives any and all rights to consult with an attorney prior 3O to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 31 Final Order below. 32 / / / 33 / / / 34 / / / 35 / / / Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND - MAHONEY, MATTHEW JAMES 1 STIPULATION 0F FACTS 2 1. The Commission has licensed Matthew Mahoney since September 5, 2ooo. 3 Mahoney’s most recently held an Initial I Teaching License, with an endorsement 4 in Social Studies, General Business, and Marketing/ Management, issued October 5 3, 2007 and valid through September 5, 2010. Mahoney timely applied for 6 renewal of his license but lacked the necessary academic coursework to renew his 7 license. 8 2. During the 2009/2010 school year Mahoney using district computers and 9 internet access, during Student contact hours, for personal communications and 1O to conduct commercial business. 1 1 3. On April 22, 2010 Mahoney responded to the district writing, “I want to begin by 12 stating that I used district internet to conduct business. I will not deny this, 13 because it is the truth.” 14 IT IS SO STIPULATED: 17 aji ' ew ames *1 , o 7v’ A Date _ 13 //,W1 MW ML‘ 20 Victoria Chwr ' , Executive Director Date 21 Teacher Standards and Practices Commission 22 CONCLUSION OF LAW 23 Matthew James Mahoney used school district computers and inter-net access, 24 during student contact hours, for non-educational purposes, and to conduct his personal 25 business. This conduct constitutes Gross Neglect of Duty in violation of OAR 584-o2o— 26 0040(4)(n) as it incorporates OAR 584—020-001o(5) (Use professional judgment), OAR 27 584-020-0o4o(4)(a)(Knowing and substantial unauthorized use of: school name or 28 financial credit; school materials or equipment for personal purposes; or school 29 personnel to provide personal services unrelated to school business), OAR 584-020- Page 2 STIPULATION OF FACTS AND ORDER 0F REPRIMAND - MAHONEY, MATTHEW JAMES 1 0040(4)(b) (Knowing and substantial unauthorized use of employment time 0r school 2 resources for private purposes). The Commission’s authority to impose discipline in 3 this matter is based upon ORS 342.175. 4 ORDER 5 The Commission hereby imposes a Public Reprimand on the licensure of 6 Matthew Mahoney. /@% 7 Issued and dated this day of May, 2011. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 STATE OF OREGON . 1 10 1 1 By ML) 12 Victoria Cham n cutive Director Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND - MAHONEY, MATTHEW JAMES