1 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 ) LICENSE REVOCATION

6 JON D. MIHO )

7

8

9 On May 13, 2009, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Jon D. Miho (Miho) in which the Commission
11 charged him with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(n) and (o). The
12 Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7008 1140 0002 8580
13 9294 to the address on file with the Commission. The U.S. Postal Service delivered two notices
14 to Miho, the first on May 14, 2009, and the second on May 30, 2009, in an attempt to deliver this
15 certified mail, before returning the certiﬁed mail receipt to the Commission on June 15, 2009.
16 The first class mail was not returned to the Commission. The Notice of Opportunity of Hearing,
17 dated May 13, 2009, and signed by Victoria Chamberlain, Executive Director, stated:
18 “You, Jon D. Miho, are entitled to a hearing on the proposed action of the Commission.
19 If you want a hearing, you must ﬁle a written request for a hearing with the Commission
20 within 21 days of the date of this notice."
21
22 Mr. Miho did not request a hearing. The Commission, therefore, ﬁnds Mr. Miho to be in default
23 and enters the following findings of fact, conclusions of law and order, based on the ﬁles and
24 records of the Commission concerning this matter.
25 FINDINGS OF FACT
26 1. Mr. Miho was first licensed by the Commission on January 10, 2005. His Initial
27 Teaching License was effective from January 10, 2005 to October 8, 2008. He did not
28 renew his license when it expired.
29 2. During the summer of 2007, Mr. Miho contacted female high school students online and
30 wrote messages of a personal nature on one or more student's MySpace pages.
31 3. During the summer of 2007, Mr. Miho engaged in sexual relationships with two former
32 female students.

PAGE 1—DEFAULT ORDER OF LICENSE REVOCATION - JON o. MIHO

l 4. During the 2007-2008 school year, while employed with the Gervais School District, Mr.
2 Miho gave unwanted hugs and shoulder rubs to female students. He referred to female
3 students by pet names such as "sweetie," “honey,” and "baby." He also contacted
4 female students via text messaging.
5 5. On or about March 12, 2008, Mr. Miho asked a student what she wanted from an adult
6 shop for her 1s“1 birthday.
7 6. During the 2007-2008 school year, Mr. Miho failed to stop or discourage students‘
8 sexual conversations in his classroom.
9 CONCLUSIONS OF LAW
10 Contacting students online as described in paragraph 2 above constitutes gross neglect
11 of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(o) pursuant to OAR 584-020-
12 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and
13 conversations at all times); and OAR 584-020-0040(4)(n) as it incorporates 584—020-0010(5)
14 (Use professional judgment).
15 Engaging in sexual relationship with former students as described in paragraph 3
16 above constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-
17 0040(4)(o) as it incorporates OAR 584-020-0035(1)(b) (Refrain from exploiting professional
18 relationships with any student for personal gain, or in support of persons or issues) and OAR
19 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment).
20 Having inappropriate contact with students as described in paragraph 4 above
21 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(o)
22 pursuant to OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students
23 in conduct and conversations at all times); and OAR 584-020-0040(4)(n) as it incorporates 584-
24 020-0010(5) (Use professional judgment).
25 Asking a student what she wanted from an adult shop as described in paragraph 5
PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION - JON D. MIHO

1 above constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-

2 0040(4)(o) pursuant to OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with

3 students in conduct and conversations at all times).

4 Failing to discourage students’ sexual conversations in the classroom as described in

5 paragraph 6 above constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR

6 584-020-0040(4)(n) as it incorporates OAR 584-020-0025(2)(a) (Establishing and maintaining

7 classroom management that is conducive to learning).

8 FINAL ORDER

9 The Commission hereby revokes Jon D. Miho's Initial Teaching License. ‘
10 IT IS SO ORDERED THIS [Z Wuday of August, 2009. I
11 TEACHER STANDARDS AND PRACTICES COMMISSION i
12 , (
13 l
14 By‘ M I
15 ictoria Ch r , xecutive Director ‘
16
17
18
19
20 NOTICE OF APPEAL OR RIGHTS
21
22 YOU ARE ENTITLED T0 JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
23 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
24 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 0F
25 ORS 183.482 TO THE OREGON COURT OF APPEALS.
26

PAGE 3-DEFAULT ORDER 0F LICENSE REVOCATION - JON D. MIHO

CERTIFICATE OF MAILING
l 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 MaiI-Return Receipt Requested, addressed to:
Jon D. Miho
3124 Turner Rd SE
K Salem, OR 97302-2029
Dated thisXé day of March 2010.
/ (I.
By: . ’ Ill/J": £11 4 .11
Me dy Ha
Ex-cutiv wbnt
I
PAGE 1- CERTIFICATE OF MAILING-Jon D. Miho