HARDY MYERS / 1 $§‘\l“yfii t ‘\ PETER D. SHEPHERD Attorney General k . wflisi‘, i'yi Deputy Anomey General . DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION September 17, 2004 Steve Delbert Morgan 7756 Blue Gill Road Klamath Falls, OR 97603 . Re: Teacher Standards and Practices Commission DOJ File NO, 584-001-GE0003-04 ' Dear Mr. Morgan: As you may know, I am an attomey representing the Oregon Teacher Standards and Practices Commission. I am writing you this letter at the request of the Commission’s investigator, Susan Nisbet concerning a stipulated order that you entered into with the Commission dated September 14, 2001. On behalf of the Commission, I acknowledged that there is an inaccuracy on page two of the stipulation which states that in December 2000 your employing school district placed you on administrative leave pending the outcome of criminal . charges. The Commission acknowledges that the district in fact did not place you on administrative leave. Therefore, the finding identified above does not serve as a requirement that you answer “yes” to a question on a TSPC application that asks whether you have ever been placed on leave by your employer for any alleged misconduct for violation of professional standards. Sincerely, Gordon cKeever Senior Assistant Attomey General Education Section ' JGM1tjh/GENK2817 c: Susan Nisbet, TSPC . S EP 2 0 2004 Teacher Standards & Practices Commission 1162 Court Street NE, Salem, OR 97301-4096 Telephone: (503) 947-4520 Fax: (503) 378-6829 TTY: (503) 378-5938 i 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 g STEVE DELBERT MORGAN i AND PROBATION 7 On or about June 12, 2000, the Teacher Standards and Practices Commission 8 (CommisSion) received a report from David Davis, Superintendent, Klamath County 9 School District indicating that Steve Delbert Morgan, a licensed educator, may have 1O violated Standards by providing alcohol to a minor. 11 Mr. Morgan fully cooperated with the Commission’s investigation. After review of 12 the matters alleged, Mr. Morgan and the Commission agree that their respective 13 interests, together with the public interest, are best served by a stipulation to certain , =14 facts and the surrender of his teaching license. This Order sets forth the facts upon 15 which the parties have agreed and the sanction to be imposed. In entering into this 16 stipulation,‘Mr. Morgan waives the right to a hearing to contest the findings of fact, 17 conclusion of law and order set forth below. Mr. Morgan understands that the 18 Commission will accept the surrender of his teaching license and will suspend the 19 teaching license. Mr. Morgan understands that reinstatement of his teaching license 20 after the one-year period of suspension will be subject to specific conditions and a 21 subsequent two (2) year period of probation. 22 This stipulation is contingent upon approval and adoption of the Order by the 23 Commission. If the Commission does not adopt this Order, neither Mr. Morgan nor the 24 Commission are bound by these Stipulations and Mr. Morgan retains all rights to a 25 hearing on the allegations. Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION ' 1 STIPULATION 0F FACTS 2 1. The Commission has licensed Mr. Morgan as an Oregon Educator 3 continuously since April 6, 1989. He currently holds a Standard Oregon Teaching 4 License with Standard Social Studies and Basic Physical Education Endorsements 5 issued October 2, 1996, valid until April 22, 2002. There are no prior complaints on file 6 with the Commission regarding Mr. Morgan. 7 2. Mr. Morgan began his employment with Klamath County School District 8 beginning in September of 1989. Mr. Morgan served as a licensed educator in the 9 classroom until December 10, 2000, when the District placed him on paid administrative 10 leave pending the outcome of pending criminal charges. By agreement dated August 11 23, 2000, Mr. Morgan resigned his teaching position effective the end 0f the 1999-2000 '12 school year. 13 3. On or about November 22, 2000, Mr. Morgan was convicted in Klamath 14 County Circuit Court for Furnishing Alcohol to a Person (a student) Under 21 Years of 15 Age in violation of ORS 471.410. The Court sentenced Mr. Morgan to 1O days in jail, 16 100 hours of public service work, fined him $1179.00 ($500.00 suspended), and placed 17 him on supervised probation for 18 months. This incident involved a BB a graduating 18 senior. 19 4. Mr. Morgan failed to maintain an appropriate professional student-teacher 20 relationship with BB, a female high school student. 21 5. Mr. Morgan accepts responsibility for his behavior and acknowledges his 22 behavior was inappropriate. .23 /// Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION ' 1 IT IS SO STIPULATED: g, _ #1) 777/121 g1 0101 4 St ve Delbert Morga D e 2 @fifié Z212 74w. $46101 7 avid V. yton, E ecutive Director Date 8 Teacher tandards and Practices Commission 9 CONCLUSIONS OF LAW 10 Mr. Morgan violated OAR 584-020-0040(4) and OAR 584-020~0040(5) (c) by 11 furnishing alcohol to JH and BB, female high school students. Mr. Morgan violated 12 OAR 584-020-0040(4)(o) by failing to maintain appropriate professional student-teacher 13 relationship with BB. 14 ORDER '15 The Commission suspends the Oregon Standard Teaching License of Steve 16 Delbert Morgan effective September 14, 2001 for a period of one year. At the end of 17 this suspension period, Mr. Morgan‘ Teaching License shall be reinstated providing he 18 meets the following conditions: 19 1. Submit a complete application as per OAR 584-050-0015(3) with required 20 supporting documentation and fees. 21 2. Mr. Morgan shall, at his own expense, seek the assistance of a qualified 22 counselor approved in advance by the commission, regarding appropriate professional 23 boundaries. Such counseling shall include at least eight (8) one-hour sessions. 24 Mr. Morgan will provide the counselor with a copy of this Order and the Districts report 25 to the Commission. The counselor will provide the Commission with a report of ‘26 successful program completion. Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION ' 1 3. Documentation that he has undergone an evaluation by a psychotherapist or 2 medical professional acceptable to the Commission. The evaluator shall submit a 3 written report to the Commission attesting (1) Mr. Morgan is fit to work with children and 4 teenagers, and (2) there is a high probability he will not engage in similar inappropriate 5 behavior. Any costs associated with the assessment or treatment will be the 6 responsibility of Mr. Morgan. 7 Upon reinstatement of his teaching license, Mr. Morgan shall be placed on 8 probation for a period of two (2) years and subject to the condition that he comply with 9 all Standards for Competent and Ethical Performance under Chapter OAR 584, Division 10 020. 11 Violation of the terms of this probation may constitute an independent basis for .12 the Commission to impose discipline, up to and including revocation of Mr. Morgan‘ 13 teaching license subject Mr. Morgan’ right to a hearing on the issue of whether he 14 violated probation. - 14 '“L 15 Dated this day of September 2001 . 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 w - M J 18 By: é’ I E '1 19 David V. Myton, Execu ve Director 20 Approved as to form: 21 22 23 ra J. Diamon OSB #85039 24 Attorney for Steve Delbert Morgan [ver 080601] Page 4 STIPULATlON OF FACTS, ORDER OF SUSPENSION AND PROBATION