l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) DEFAULT ORDER OF

5 Teaching License of ) SUSPENSION OF RIGHT

6 HERBERT DWANE MILLER ) TO APPLY FOR LICENSURE

7

8 On September 19, 2011, the Teacher Standards and Practices Commission (Commission)

9 issued a Notice of Opportunity for Hearing to Herbert Dwane Miller (Miller) in which the
10 Commission charged him with Gross Neglect of Duty pursuant to ORS 342.175(1)(b); OAR 584-
11 020-0040(4)(n), OAR 584-020-001o(5), OAR 584-020-oo4o(4)(b), and OAR 584-020-
12 0040(4)(q). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7010
13 2780 0000 2187 6935 to the address on file with the Commission. Miller signed for the certified
14 mail on September 21, 2011. The Notice of Opportunity of Hearing, dated September 19, 2011,
15 and signed by Victoria Chamberlain, Executive Director, stated:
l6 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
l7 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
18 FAILURE TO REQUESTA HEARING WAS BEYOND YOUR REASONABLE CONTROL.
19 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A
20 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY
21 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER
22 DISCIPLINE.”
23
24 Miller did not request a hearing. The Commission, therefore, finds Miller to be in default and
25 enters the following findings of fact, conclusions of law and order, based on the files and records
26 of the Commission concerning this matter.
27 FINDINGS OF FACT
28 1. Miller has been licensed as a teacher in Oregon since January 21, 1974. Miller’s current
29 Standard Teaching License, with Basic Physical Education and Standard Elementary
30 endorsements, issued on August 24, 2006, was valid until August 23, 2011. Miller made
31 timely application for renewal of his license, but his application status was pending
32 completion of the investigation process. During all relevant times, Miller was employed as a
33 substitute teacher by the Jefferson County School District.
34 / / /

PAGE 1-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE — MILLER, HERBERT DWANE

1 2. On April 22, 2011, an educational assistant witnessed Miller access sexually explicit
2 materials on a school district computer. Also present in the computer lab at this time were
3 several students watching a movie on a separate computer.
4 CONCLUSIONS OF LAW
5 Herbert Dwane Miller’s above described conduct constitutes gross neglect of duty in
6 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-
7 0010(5) (Use professional judgment); OAR 584-020-0040(4)(b) (Knowing and substantial
8 unauthorized use of employment time or school resources for private purposes), and OAR 584-
9 020-0040(4)(q) (Knowing and unauthorized use 0f school computer equipment t0 receive, store,
10 produce or send sexually explicit materials).
11 The Commission’s authority to impose discipline in this matter is based upon ORS
12 342.175.
13 FINAL ORDER
14 The Commission hereby denies Herbert Dwane Miller’s application for renewal and suspends
15 his right to apply for a teaching licensure for a period of one year from the date of this order.
16 Herbert Dwane Miller will be placed on probation for a period of four (4) years from the
l7 date of reinstatement subject to the following condition:
18 Mr. Miller shall comply with the Standards for Competent and Ethical Performance 0f
l9 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
20 Violation of any term or condition of probation shall constitute an independent basis for
21 the Commission to revoke Mr. Miller’s teaching license, revoke his right to apply for a license, or
22 otherwise impose discipline, after first providing Mr. Miller with notice and opportunity for
23 hearing. Wt,
24 IT IS SO ORDERED THIS é day of January, 2012.
25 TEACHER STANDARDS AND PRACTICES COMMISSION
27
28 B :
29 Victoria Cha , Executive Director
30
PAGE 2-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE - MILLER, HERBERT DWANE

1
2
3 NOTICE OF APPEAL OR RIGHTS
4
5 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
6 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
7 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
8 THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE - MILLER, HERBERT DWANE

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing
U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to:
Herbert Dwane Miller
2335 NE Smith Rock Way
l’\ Terrebonne, OR 97760'9707
f
Dated this f0 day of January, 2012.
1'4-
/ / /
By: ./ -< ‘ / 4 '
Pa iddell
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING——M|LLER, HERBERT DWANE