10/18/2006 WED 13: 24 FAX 503 378 3158 rspc sxc FAX ‘002/004 ’ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter ot the ) STIPULATION OF FACTS, 4 Licensure of ) SURRENDER AND FINAL 5 STEVEN MARK LYELL ) ORDER OF REVOCATION 6 On or about February 14, 2006, the Teacher Standards and Practices Commission 7 (Commission) received a report from Christy M. Perry, Superintendent, Dallas School District, 8 indicating that Steven Mark Lyell (Lyell) engaged in inappropriate and unprofessional conduct 9 with a female student while serving as a substitute teacher for the District. 10 After review of the matters alleged, Mr. Lyell and the Commission agree that their 11 respective interests, together with the public interest, are best served by a stipulation to certain Q 12 facts, the acceptance of Mr, Lyell's offer to surrender his teaching license, and the revocation of 13 licensure. 14 This document sets forth the facts upon which the parties have agreed and the ' 15 stipulated sanction to be imposed. Mr. Lyell stipulates that there is sufficient evidence in the 16 Commission's tiles and records to support the findings of fact, conclusions of law, and order set 17 forth below, 18 By signing below, Mr, Lyell 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 20 findings of tact, conclusions of law, and order set forth below, and fully and finally waives all 21 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, Order of _ 22 Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a 23 public document and disclosed to the public upon request by the Commission; (iii) this ’ 24 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 25 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 26 then neither Mr. Lyell nor the Commission are bound by the terms herein; (iv) he has fully read 27 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any . 28 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry Page ‘I STIPULATION OF FACTS, SURRENDER AND FINAL ORDER OF REVOCATION- LYELL 10/10/2006 wee 13: 24 FAX 503 318 3158 TSPC EXC FAX woos/004 . 1 of the Stipulated Final Order beiow; (vi) he states that no promises or representation has been 2 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 3 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his 4 rights thereto, or waives any and ail rights to consult with an attorney prior to entering into this 5 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 6 This stipulation is contingent upon approval and adoption of the Order by the 7 Commission. lf the Commission does not adopt this Order, neither Mr. Lyell nor the 8 Commission are bound by these Stipulations and Mr. Lyell retains all rights to a hearing on the 9 allegations. 10 ST IPULATION OF FACTS 11 1. Mr. Lyell has been licensed by the Commission since July 1, 1969. Mr. Lyell holds a 12 Standard Teaching License issued May 29, 2003, valid through May 20, 2008, with Basic Q 13 Elementary and Standard Social Studies Endorsements. Mr. Lyell held a Standard Personnel 14 Service License with a Standard Counselor Endorsement from 1977 to May 20, 2006, Mr. Lyell . 15 did not apply to renew his Standard Personnel Service License. Mr. Lyell has no history of 16 license-related discipline. 17 2. Mr. Lyeil served as a Social Studies Teacher and a School Counselor in the La 18 Grands School District from 1969 to 1977. 19 3. Mr. Lyell served primarily as a School Counselor for the Dallas School District at 20 Dallas High School from September ot 1977 until retirement on June 30, 1999. 21 4. in January of 2006 Mr. Lyeil conducted an “informal” biology tutoring session for 22 female high school student in his home and engaged in inappropriate conversations with the 23 female student about her sexual activity. 24 5. Mr. Lyeil admitted to Dallas High School administrators that he used binoculars to look 25 into the temaie high school students bedroom window from inside his home. Mr. Lyeil 26 discussed his viewing activity with the female student. O ‘ Page 2 STIPULATION OF FACTS, SURRENDER AND FiNAL ORDER OF REVOCATION- LYELL 10/18/2006 wen 13: 24 FAX 503 310 3158 TSPC exc FAX [004/004 . 1 6. On January 31, 2006, Mr. Lyell contacted the female high school student at Dallas 2 High School and asked her not to tell anyone what he had said. 3 7. Mr. Lyell has expressed great remorse for his actions, and has cooperated with the 4 TSPC investigation into this matter. 5 IT IS SO STIPULATED AND AGREED TO: 6 - a.“ .a. a wfi 7 Stev '1 u . // c Date 9 1' itri C - ferlain, Executive Director Date 10 Teacher Stan - r. and Practices Commission 11 CONCLUSIONS OF LAW 12 Steven Mark Lyeil’s inappropriate verbal contact with and conduct toward the female 13 high school student constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(f) 14 and OAR 584-020~0040(o) as it incorporates OAR 584-020-0035(1)(c). The Commission has 15 the authority to impose discipline in this matter is based upon ORS 342.120 through ORS . 16 342.430 and OAR Chapter 584. 17 FINAL ORDER 18 The Commission adopts and incorporates herein the above findings of fact and 19 conclusion of law, based thereon, hereby accepts the surrender of Mr. Lyell's teaching license, 20 and orders the revocation of the licensure of Steven Mark Lyell. 21 issued and dated this i day of November, 2006. 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 STATE OF/OREGON 24 / '- 1 25 MMMV 3 26 ictoria Chamb 'n, Executive Director 27 28 A oved for . 29 i 1;; Z 30 dam Arms, 0851101018 . 31 Attorney for Steven Mark Lyell [1016061 Page 3 STIPULATION OF FACTS, SURRENDER AND FINAL ORDER OF REVOCATION- LYELL