.1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS,
4 Teaching License of ) ORDER OF SUSPENSION
5 THOMAS ALVIN O'REILLY ) AND PROBATION
6 On or about the April 26, 2004, the Teacher Standards and Practices
7 Commission (Commission) received a report from Michael Call, Superintendent,
8 Estacada School District, indicating that Thomas Alvin O’Reilly (O’Rei|ly) used his
9 school computer to access sexually explicit material on the Internet.
1O After review of the matters alleged, Mr. O'Reilly and the Commission agree that i
11 their respective interests, together with the public interest, are best served by a
12 stipulation to certain facts and the imposition of a ninety (90) day suspension of
licensure followed by two (2) year period of probation upon reinstatement of Licensure.
Q This Order sets forth the facts upon which the parties have agreed and the
15 sanction to be imposed. Mr. O‘Reil|y stipulates that there are sufficient facts contained
16 in the Commission's files and records to support the findings of fact and conclusions of
17 law set forth below. In entering into this stipulation, Mr. O’Rei|ly waives the right to a
18 hearing to contest the findings of fact, conclusions of law and order set forth below.
19 Mr. O'ReiIIy understands that the probation will be subject to specific conditions.
20 This stipulation is contingent upon approval and adoption of the Order by the '
21 Commission. If the Commission does not adopt this Order, neither Mr. O'Reilly nor the
22 Commission are bound by these Stipulations and Mr. O’Reil|y retains all rights to a
28 hearing on the allegations.
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Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION ~ O’REILI_Y

.1 STIPULATION OF FACTS
2 1. Mr. O'Reilly holds a Standard Teaching License issued April 2, 2001, valid
3 through April 4, 2006, with a Basic Elementary and Standard Handicapped Learning
4 License. .
5 2. Mr. O’Reil|y began employment with the Estacada School District as a
6 Learning Specialist at Estacada Junior High School in August of 1997. On May 3, 2004,
7 Mr. O'Reilly resigned his teaching position effective April 30, 2004.
8 3. A District-owned computer with Internet access was present in Mr. O‘Reil|y’s
9 classroom for his use in connection with his assigned responsibilities. The District has a
1O clearly defined, acceptable use policy. The Districts policy prohibits the use or
11 attempted use of equipment for Internet access of sexually explicit materials.
4. Mr. O‘ReiIIy used his classroom computer on April 1, 2, 5, 6, 7, and 8,2004, to
‘3 access sexually explicit materials through the District’s Internet connection in violation of
14 District policy regarding Internet use. '
15 IT IS SO STIPULATED: ,
16 WM “My ‘
17 Tho us Alvin O'Reilly . Date
19 Victoria C“ - ' berlain, Executive Director Date
20 Teacher Standards and Practices Commission
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Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - O’RE|LLY

. ULTIMATE FINDING 0F FACT
2 Thomas Alvin O’Rei|ly used the computer equipment owned by his employer,
3 Estacada School District, located on school premises, to access sexually explicit
4 materials. Mr. O'Reilly was fully aware that accessing such materials at the workplace
5 using a District owned computer was inappropriate and in violation of District policy.
6 CONCLUSION 0F LAW
7 Thomas Alvin O’Reilly’s inappropriate use of a District computer constitutes
8 Gross Neglect of Duty in violation of OAR 584-020-0040(4)(q) and OAR 584-020-
9 0035(2)(e). The Commission's authority to impose discipline in this matter is based _
1O upon ORS 342.175.
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Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - O'REILLY ‘

.1 ORDER
2 Thomas Alvin O‘Reilly’s Standard Teaching License is suspended for a period of
3 ninety (90) days effective on October 10"‘, 2004. At the end of this suspension period,
4 Mr. O’Reilly's Standard Teaching License will be reinstated upon:
5 1. Submission of a complete application and fees pursuant to OAR 584-050 .
6 0015(3); 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
9 evaluator submits a written report to the Commission attesting (a) Mr. O’Reilly is fit to
1O work with children and teenagers, and (b) there is a high probability he will not use
11 school district equipment to access sexually explicit materials or engage in similar
inappropriate behavior. Any costs associated with the assessment or treatment will be
i the responsibility of Mr. O'Reilly.
14 Upon the reinstatement of licensure, Mr. O'Reilly shall be placed on probation by
15 the Commission for a period of two (2) years, subject to the following conditions:
16 1. Mr. O’Reilly shall substantially comply with any treatment or counseling as
17 recommended by the individual who completed the evaluation described above.
18 Mr. O’Rei|ly shall authorize and sign any consent forms as necessary for the treatment
19 provider or counselor to furnish records to or discuss Mr. O'Reilly’s treatment with the
2O Commission.
21 2. Mr. O'Reilly shall comply with all Standards for Competent and Ethical
22 Performance of Oregon Educators under Oregon Administrative Rules, Chapter 584,
3 and Division 020.
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Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - O'REILLY

.1 3. Mr. O’Reilly shall provide information as requested by the Commission to
2 verify that he has complied with the conditions of probation, including a statement from
3 a future employing district that he has complied with the Standards for Competent and
4 Ethical Performance of Oregon Educators.
5 Violation of the terms of this probation may constitute an independent basis for
6 the Commission to impose discipline, up to and including revocation of Mr. O’Reilly’s
7 teaching license subject to Mr. O’Reilly’s right to a hearing on the issue of whether he ‘
8 violated probation. l
9 IT IS SO ORDERED this i day of October, 2004. ‘
1O TEACHER STANDARDS AND PRACTICES COMMISSION ' ‘
11
By'i [h Magi/111 1a.. 1, /. . I,
‘ ictoria Cha vain, Executive Director
14
15 APPROVED AS TO FORM
16 v
.7 MM,
18 runa Masih, OSB#97324
19 Attorney for Thomas Alvin O'Reilly [0827041
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Page 5 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - OREILLY