1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter 0f the ) STIPULATION OF FACTS AND

4 Educator License of ) FINAL ORDER OF REPRIMAN D

5 BRIAN KELLY FREID )

g On November 29, 2016, the Teacher Standards and Practices Commission

8 (Commission) received a report from the Cresswell School District alleging professional

9 misconduct on the part of licensed educator, Brian Kelly Freid (Freid).
10 After review of the matters alleged, Freid and the Commission agree that their
1 1 respective interests, together with the public interest, are best served by a stipulation to
12 certain facts and the imposition of a public reprimand.
1 3 By signing below, Freid acknowledges, understands, stipulates, and agrees to the
14 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
1 5 findings of fact, conclusions of law, and order set forth below, and fully and finally
16 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
17 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation
18 and Final Order is a public document and disclosed to the public upon request by the
19 Commission; (iii) this Stipulation and Final Order is contingent upon and subject t0
20 approval and adoption by the Commission. If the Commission does not approve and
21 adopt this Stipulation and Final Order, then neither Freid nor the Commission are
22 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and
23 understands it completely; (v) he voluntarily, without any force or duress, enters into
24 this Stipulation and Final Order and consents to issuance and entry of the Stipulated
25 Final Order below; (vi) he states that no promise or representation has been made to
26 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
27 attorney regarding this Stipulation and Final Order and has been fully advised with
28 regard to his rights thereto, or waives any and all rights to consult with an attorney prior
29 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated
3O Final Order below.
31 STIPULATION OF FACTS
32 1. Brian Kelly Freid has been licensed by the Commission since September 16, 2002.
33 Freid’s Initial II Teaching License, with an endorsement in Multiple Subjects Self-
34 Contained (ECE, ELE), is valid December 25, 2014, through December 24, 2017.
35 During all relevant times, Freid was employed by the Creswell School District.

Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- BRIAN KELLY FREID

1 2. On November 29, 2016, the Commission received a report from the Creswell
2 School District alleging that Freid had committed an act of gross neglect of duty
3 and/ or gross unfitness under the Oregon Administrative Rules; specifically that
4 you had misused school district computer equipment to store and view
5 inappropriate materials. Subsequent investigation determined the following:
6 a. On October 26, 2016, Freid submitted his district issued laptop computer
7 to the District’s Technology Department for repairs. On November 2,
8 2016, the IT department reported to the administration that they had
9 located inappropriate files on Freid’s computer. At a meeting about the
10 district’s investigation, Freid admitted to transferring the files to the
11 laptop on September 2, 2016. At another meeting of Freid’s request, Freid
12 added that he had also used another district computer CPU and a district
13 video camera to view and store similar inappropriate materials. Freid had
14 deleted the files, and while the files were no longer easily accessible, they
15 unknowingly still remained on the hard drive.
16 b. Examination of the images determined the material was not criminal or of
17 a deviant nature. Freid used the district’s equipment at home, with his
18 own internet access. None of the materials were viewed at school;
19 therefore, students were not exposed to inappropriate material. On
20 November 8, 2016, the district issued Freid a letter of reprimand and four
21 days unpaid leave.
22
23 IT IS SO STIPULATED:
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Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- BRIAN KELLY FREID

1 CONCLUSION OF LAW
2 Brian Kelly Freid’s conduct as described above, violates professional standards.
3 Freid’s conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR
4 584-020-oo4o(4)(n) as it incorporates OAR 584-o2o-oolo(5) (Use professional
5 judgment), OAR 584-020-0025(2)(b) (Using and maintaining district property,
6 equipment, and materials appropriately), OAR 584-020—0025(2)(e) (Using district
7 lawful and reasonable rules and regulations); and OAR 584-020-0040(4)(q)
8 (Unauthorized use of school electronic equipment to receive, store, produce or send
9 sexually explicit materials).
10 The Commission’s authority to impose discipline in this matter is based upon
11 ORS 342.175.
12 ORDER
13 Based on the foregoing, the Commission hereby orders as follows:
14 1. The Commission adopts and incorporates herein the above findings of fact and
15 conclusions of law, and based thereon, imposes a Public Reprimand on Brian
16 Kelly Freid’s Oregon educator license(s).
17
18 Issued and dated this Q day of N Nam Wit , 20H.
19 TEACHER STANDARDS AND PRACTICES COMMISSION
20 STATE OF OREGON
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Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND- BRIAN KELLY FREID