1 BEFORE THE TEACHERS AND STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the ) DEFAULT ORDER
5 Teaching License of ) OF SUSPENSION AND
6 JOHN MANUPELLA ) PROBATION
7 )
8
9 4
10 On March l3, 2000, the Teacher Standards and Practices Commission (Commission)
11 issued a Notice of Opportunity for Hearing to John Manupella in which the
12 Commission proposed to suspend or revoke the teaching license of Mr. Manupella or
13 otherwise impose discipline under ORS 342.177 based on an allegation that between
14 November l and December 14, 1999, Mr. Manupella used school district equipment to
15 access sexually explicit materials. The notice was sent via U.S. Certified Mail Receipt
16 #Z 204 897 171 to Mr. Manupella’s attorney, Adrienne Nelson. The receipt was signed
17 on March 15, 2000 and returned to TSPC on March 17, 2000. Ms. Nelson did not '
18 request a hearing on behalf of Mr. Manupella.
19
20 FINDING OF FACTS
21
22 1. John Manupella holds a Transitional Teaching License endorsed for special
23 education and valid from September 7, 1999 to September 7, 2002. He was
24 employed by the Springfield School District from August 27, 1999 to December
25 17, 1999, when he resigned his position with the district.
t 26
.1 27 2. Between November 1 and December l4, 1999, Mr. Manupella on multiple
28 occasions used computer equipment owned by the district and located at the
29 Mt. Vernon Elementary School in the Springfield School District to access
30 sexually explicit materials through the Internet. The computer was located in
31 Mr. Manupella’s office, adjacent to his classroom.
32
33 3. On or about December l4, 1999, Manupella failed to demonstrate a
34 commitment to use professional judgment when he unbuttoned his pants while
35 viewing sexually explicit material on the Internet after school, but while
36 students, staff and parents were still on the premises.
37
38 ULTIMATE FINDINGS OF FACT
39
40 Between November 1 and December 14, 1999, Manupella used computer equipment
41 owned by his employing school district and located on school premises to access
42 sexually explicit materials without authorization from the district.
43
44 On or about December 14, 1999, Manupella failed to demonstrate a commitment to
45 use professional judgment when he unbuttoned his pants while viewing sexually
46 explicit material on the Internet after school, but while students, staff and parents
47 were still on the premises.
PAGE 1~DEFAULT ORDER—JOHN MANUPELLA

1
. 2 CONCLUSIONS OF LAW
3
4 Mr. Manupella’s activities constitute gross neglect of duty in violation of OAR 584-020-
5 0040(4) (a) and (n).
6
7 ORDER
8
9 The Oregon Teaching License of John Manupella is suspended for a period of six
10 months from the date of this Order. At the end of the suspension period, Mr.
11 Manupella’s teaching license will be reinstated upon application and a showing by Mr.
12 Manupella that he has undergone an evaluation at his own expense by a medical
13 professional acceptable to the Commission and the evaluator submits a written report
14 to the Commission attesting: (1) Mr. Manupella is fit to work with children and
15 teenagers; and (2) there is high probability he will not use school district equipment to
16 access sexually explicit materials or engage in inappropriate behavior of a sexual
17 nature. Following the reinstatement of his teaching license, Mr. Manupella shall be
l8 placed on probation to the Commission for a period of three years subject to the
19 following conditions:
20
21 l. Mr. Manupella shall undergo treatment or counseling as recommended
22 by the medical professional who completed the evaluation described
23 above.
24
25 2. Mr. Manupella shall comply with all Standards for Competent and
26 Ethical Performance under OAR 584, Division 020.
'17
28 3. Mr. Manupella shall provide information as requested by the Commission
29 to verify that he has complied with the conditions of probation.
30 lb
31 Dated this Z 4 day of May, 2000.
32
33 ._
34 -
35 By:
36 David V. Myton, E ecutive Director
37
38 DVM / cs
39
40 NOTICE OF APPEAL OR RIGHTS
41
42 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
43 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM
44 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
45 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
46
PAGE 2——DEFAULT ORDER—JOHN MANUPELLA

1
2 CERTIFICATE OF MAILING
3
O,
5 I hereby certify that I served the foregoing order by mailing a true copy thereof certified
6 by me as such by U. S. Certified Mail with Return Receipt Requested to the attorney
7 for John Manupella:
8
9
10 Adrienne Nelson
11 Bennett Hartman 8:. Reynolds
12 851 SW 6m, Suite 1600
13 Portland, OR 97204-1376
14
15
16 Dated this /fZ r day of Z [111% ,2000.
17
18
l9
20 ~
21 By 500
22 Charlene A. Smi
23 Executive Assistant to the Commission
PAGE 3-DEFAULT ORDER—JOHN MANUPELLA