1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . OF THE STATE OF OREGON 4 In the Matter of the ) 5 Teaching License of ) DEFAULT ORDER OF 6 REED ALDEN MUNSON ) LICENSE SUSPENSION 7 8 On May 6, 2005, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Reed Alden Munson (Munson) in which the 10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. 11 First Class Mail and U.S. Certified Mail Receipt 7005 0390 0000 5019 1646 to the address that 12 Mr. Munson provided to the Commission. The U.S. Certified Mailing was returned to the 13 Commission “unclaimed” on May 24, 2005. The First Class mailing was not returned. The 14 Notice of Opportunity of Hearing, dated May 6, 2005, and signed by Victoria Chamberlain, 15 Executive Director, stated: 16 "You, Reed Alden Munson, are entitled to a hearing on the proposed action of the Commission. If you want a hearing, you must file a written request for a hearing with the Commission within 21 days of the date of this notice. Attached 19 to this notice is a copy of the procedures, right of representation and other rights 20 of parties relating to the conduct of a hearing as required under ORS 21 183.413(2)." 22 23 Mr. Munson did not request a hearing. The Commission, therefore, finds 24 Mr. Munson to be in default and enters the following findings oi fact, conclusions of law 25 and order, based on the files and records of the Commission concerning this matter. 26 FINDINGS OF FACT 27 1. Mr. Munson has been licensed by the Commission since July 31, 1978. Mr. Munson 28 holds a Standard Teaching License with a Standard Technology Education endorsement, 29 issued April 1, 2004, valid until April 7, 2009. ’ PAGE 1 — DEFAULT ORDER OF LICENSE SUSPENSION — REED ALDEN MUNSON 1 2. Mr. Munson began regular contract employment with Newberg Public Schools on Q March 26, 1999. Mr. Munson resigned his teaching position in lieu of termination, effective 3 November 19, 2004. 4 3. A District-owned computer with Internet access was present in Mr. Munson’s 5 classroom for his use in connection with his assigned responsibilities. The District has an 6 acceptable use policy. The District‘s policy prohibits the use or attempted use of equipment for 7 Internet access 0t sexually explicit materials. 8 4. On January 5, 2005, Sandra Lawson, Assistant Superintendent reported that 9 between October 11, 2004 and November 12, 2004, Mr. Munson used his classroom computer 10 to access sexually explicit materials through the Districts Internet connection in violation of 11 District policy regarding Internet use. 12 ULTIMATE FINDING OF FACT 13 Reed Alden Munson used the computer equipment owned by his employer, Newberg ' Public Schools, located on school premises, to access sexually explicit materials. Mr. Munson 15 was fully aware that accessing such materials at the workplace using a District owned computer 16 was inappropriate and in violation of District policy. 17 CONCLUSIONS OF LAW 18 Reed Alden Munson’s inappropriate use of a District computer constitutes Gross Neglect 19 of Duty in violation of OAR 584-020-0040(4)(q). The Commission's authority to impose 20 discipline in this matter is based upon ORS 342.175. ’ PAGE 2 - DEFAULT ORDER OF LICENSE SUSPENSION - REED ALDEN MUNSON 1 1 ORDER , ' Reed Alden Munson’s Standard Teaching License is suspended for a period of six (6) 3 months effective August 5, 2005. At the end of this suspension period, Mr. Munson’s Standard . 4 Teaching License will be reinstated upon: 5 1. Submission 0f a complete application and fees pursuant to OAR 584-050-0015(3); c and 7 2. Submission of documentation that he has undergone an evaluation by a 8 psychotherapist or medical professional acceptable to the Commission, and the evaluator 9 submits a written report to the Commission attesting (a) Mr. Munson is fit to work with children 10 and teenagers, and (b) there is a high probability he will not use school district equipment to I I access sexually explicit materials or engage in similar inappropriate behavior. Any costs 12 associated with the assessment or treatment will be the responsibility of Mr. Munson. 13 Upon the reinstatement of licensure, Mr. Munsori shall be placed on probation by the . Commission for a period of two (2) years, subject to the following conditions: 15 1. Mr. Munson shall substantially comply with any treatment or counseling as 16 recommended by the individual who completed the evaluation described above. Mr. Munson 17 shall authorize and sign any consent forms as necessary for the treatment provider or counselor 18 to furnish records to or discuss Mr. Munson’s treatment with the Commission. 19 2. Mr. Munson shall comply with all Standards for Competent and Ethical Performance 20 of Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020. 21 3. Mr. Munson shall provide information as requested by the Commission to verify that 22 he has complied with the conditions of probation, including a statement from a future employing 23 district that he has complied with the Standards for Competent and Ethical Performance of 24 Oregon Educators. ’ PAGE 3 — DEFAULT ORDER OF LICENSE SUSPENSION - REED ALDEN MUNSON 1 Violation of the terms of this probation may constitute an independent basis for the ' COmmission to impose discipline, up to and including revocation of Mr. Munson’s teaching 3 license subject to Mr. Munson’s right to a hearing on the issue of whether he violated probation. 4 IT IS SO ORDERED this ;2 day of August, 2005. 5 TEACHER STANDARDS AND PRACTICES COMMISSION e f ~ 7 111472212414, 8 Victoria Chamber in, Executive Director 9 10 NOTICE OF APPEAL OR RIGHTS l 11 . 12 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE , 13 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE ‘ 14 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 15 183.482 TO THE OREGON COURT OF APPEALS. ' PAGE 4 — DEFAULT ORDER OF LICENSE SUSPENSION — REED ALDEN MUNSON 1 CERTIFICATE OF MAILING ‘ I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular U.S. mail and by U.S. Certified Mail-Return Receipt Requested, addressed 5 to: 6 7 Reed Alden Munson 8 13622 Edison Heights Lane NE 9 Silverton OR 97381 10 8212'} I 1 Dated this day of September 2005. 12 ~ 13 ' 14 15 By: ' A4 t 16 Melo HansoWutive Assistant [063005] ‘ PAGE 1 — CERTIFICATE OF MAILING — REED ALDEN MUNSON