BEFORE THE
TEACHER STANDARDS AND PRACTICES COMMISSION
STATE OF OREGON
In the Matter of the Teaching )
License of )
) STIPULATION, PUBLIC
PATRICK LESTER MCMAHON ) REPRIMAND AND ORDER
) OF PROBATION
)
______________________________________)

On March l9, 1998, the Teacher Standards and Practices
Commission (Commission) issued a Notice of Opportunity for
Hearing to Patrick Lester McMahon. Mr. McMahon, through his
attorney, requested a hearing to contest the allegations in the
Notice. After a review of the matters alleged, the Commission
and Mr. McMahon have agreed that their respective interests and

l the public interest are best served by a stipulation to certain
facts, a public reprimand and an order of probation. This
agreement sets forth the facts on which the Commission and
Mr. McMahon have agreed, the sanction to be imposed and the
Commission's order.

This Stipulation is subject to review and approval by the
full Commission. If the Commission fails to approve the
Stipulation and Proposed Order as written, any waiver of rights
by Mr. McMahon is revoked and any statements contained in this
Stipulation may not be used by the Commission or Mr. McMahon for
any reason.

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i V PAGE l — STIPULATION, PUBLIC REPRIMAND AND ORDER OF PROBATION

‘ STIPULATED FACTS

Mr. McMahon and the Commission stipulate as follows:

1. Mr. McMahon holds a basic Oregon teaching license with
an endorsement in Elementary Education.

2. Mr. McMahon was employed as an elementary teacher with
the Springfield School District for approximately 27 years until
October 14, 1997, when he resigned his position with the
District. Prior to September 1997, Mr. McMahon demonstrated a
good teaching record and had satisfactory to excellent
evaluations.

3. On several occasions in September and October 1997,
Mr. McMahon without authorization used a computer owned by the
district and located at his school site to access adult

‘ pornographic materials.

4. There is no evidence that any student viewed any of the
pornographic materials that were accessed by Mr. McMahon.

5. Subsequent to his resignation from the district,

Mr. McMahon underwent a psychological evaluation by C. Kirk
Johnson, Ph.D, a psychologist licensed in Washington and
certified to conduct sex offender evaluations. Dr. Johnson
conducted an evaluation which consisted of personal interviews,
administration of certain standardized tests and a review of
computer logs and materials downloaded from Mr. McMahon's
computer. Based on this evaluation, Dr. Johnson concluded that
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' PAGE 2 — STIPULATION, PUBLIC REPRIMAND AND ORDER OF PROBATION

‘ Mr. McMahon does not have a sexual dysfunction or a sexual
disorder, that Mr. McMahon is not considered to be a sexual risk
to children and that Mr. McMahon's conduct in this case was
situational and very unlikely to reoccur in the future.
ém Q'Zé. ;Z¢Z£M . ids-'25
Patrick Lester McMahon Date

Q2}. f {2E [ivy/h“ f/lé/f?
David V. My on, Executive Director Date
Teacher Standards and Practices Commission
CONCLUSION OF LAW

Mr. McMahon used school computer equipment to access adult
pornographic materials in violation of school policy and in
violation Of OAR 584-020-0040(4) (a).

‘ DISCUSSION

The Commission views Mr. McMahon's conduct as a serious
offense that in many instances would require a more serious
sanction. In imposing a sanction in this case, the Commission
takes into account the following factors: (l) Mr. McMahon is a
long time teacher with a satisfactory, if not exemplary record.
(2) No school children were exposed to the pornographic
materials. (3) Dr. Johnson's evaluation concludes that Mr.
McMahon does not have a sexual disorder, presents no threat to
children and is very unlikely to engage in similar behavior in
the future.
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' PAGE 3 — STIPULATION, PUBLIC REPRIMAND AND ORDER OF PROBATION

:., K‘
‘ ORDER
The Commission imposes a public reprimand, and this Order
shall serve as the public reprimand. Mr. McMahon is placed on
probation for a period of two years from the date of this order,
subject to the conditions that he comply with all Standards of
Competent and Ethical Performance under OAR 584, Div. 20.
Failure to comply with any condition of probation shall be a
basis in itself for discipline, up to and including revocation of
Mr. McMahon's teaching license, and subject to Mr. McMahon's
right to a hearing on the issue of whether he violated his
probation.
DATED this fékgj/day of 1998.
%M%yi»
‘ David V. Myton, Executive Director
APPROVED AS TO FORM:
Marga Q‘ Olney Of Attor :ys
for Patrick Lester McMah
JGM:cws/JGGlZ6DB.W51
' PAGE 4 — STIPULATION, PUBLIC REPRIMAND AND ORDER OF PROBATION