1 BEFORE THE TEACHER STANDARDS AND PRACTICES COM.MISSION '7. OF THE STATE OF OREGON 3 In the Matter of the ) DEFAULT ORDER 4 Teaching License of ) SUSPENDING LICENSE 5 GARY WAYNE RENVILLE, JR. ) 6 ) 7 On February 29, 1996, Ciary Wayne Renville resigned his teaching position with the Salem-Keizer 8 School District. On March 1, 1996, the superintendent of the Salem-Keizer School District notified 9 the Teacher Standards and Practices Commission that the District was investigating whether Renville 10 had violated TSPC ethical standards, "in particular, unauthorized use of District equipment to send and 11 receive highly personal messages on the Internet through classroom computer equipment. 12 FINDINGS OF FACT 13 1. Gary Wayne Renville currently holds an Oregon Teaching License endorsed in elementary and l4 valid from November 21, 1995 to November ll, 1998. 15 2. In November of 1995 Renville accessed the Internet through his classroom computer and 16 engaged in 102 personal, private communications that violated school district policies and 17 professional standards. Most of the communications took place during non-working hours, but 18 29 were transmitted during hours when students may have been present in the classroom. ‘. l9 3. Renville’s misuse of district employment time, computers and electronic networks was initially 20 detected because Renville’s outbound messages were returned to the district’s postmaster. A 21 routine usage audit indicated excessive e-mail transmissions from the computer in Renville’s 22 classroom. The disclosure of Renville’s private and personal commrmications on the Internet 23 was damaging to Renville’s reputation and showed a lack of professional judgment. 24 4. When the school district questioned Renville about his use of the District computers he was 25 cooperative, candid, and honest in responding to the District’s questions and investigation. 26 5. On February 28, 1996, Renville and the District entered into an agreement for Renville’s 27 resignation effective February 29, 1996. 28 ULTHVIATE FINDINGS OF FACT 29 Gary Wayne Renville demonstrated a lack of judgment in how he used school district computers and 30 how he communicated on the Internet. PAGE 1--PROPOSED STIPULATION OF FACTS AND ORDER-GARY WAYNE RENVILLE, ,__ JR. l CONCLUSIONS OF LAW .2 Gary Wayne Renville’s conduct as described above, constitutes gross neglect of duty in knowing and 3 substantial use of school resources and equipment for personal purposes under OAR 584-20-040(4) 4 and a failure to use professional judgment under OAR 584-20-010(5). 5 DISCUSSION 6 Renville’s conduct is inconsistent with the high standards he otherwise met as a teacher in the Salem- 7 Keizer School District. His error in judgment in use of the Internet has damaged his reputation and 8 has resulted in a violation of Commission standards. As mitigating factors, Renville had an exemplary 9 teaching record in the District; he was cooperative and honest in responding to the District’s 10 investigation; and he has shown genuine remorse. The Commission accepts the effective date of the 11 suspension because Mr. Renville originally proposed a stipulation on June 10, 1996, however, the l2 proposal was held in abeyance until the Commission completed its investigation of the allegations. 13 ORDER l4 The Oregon Basic Teaching License endorsed in elementary #271928 issued to Gary Wayne Renville, 15 Jr. and effective fi'om November 21, 1995 to November 18, 1998, is suspended for one year as of 16 May31, 1996. 17 DATED THIS 1st day of September, 1997. .8 TEACHER STANDARDS AND PRACTICES COMMISSION \ 19 By: M M 20 David V. Myton, Executive Secretary 21 NOTICE OF APPEAL OR RIGHTS 22 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 23 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 24 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 25 TO THE OREGON COURT OF APPEALS. PAGE 2--PROPOSED STIPULATION OF FACTS AND ORDER--GARY WAYNE RENVILLE, ‘ JR. 1 CERTIFICATE OF MAILING .2 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me as 3 such by U.S. Certified Mail with Return Receipt Requested to attorney for Gary Wayne Renville: 4 MARK TOLEDO 5 BENNETT, HARTMAN, REYNOLDS & WISER 6 851 SW 6TH, SUITE 1600 7 PORTLAND OR 97204-1376 H ' s Dated this AZ ‘ day of ' , 1997. (/T ,/ 9 B . . . ' 10 C rlene A. Smith ‘ 11 cretary to the Commission . PAGE 3--PROPOSED STIPULATION OF FACTS AND ORDER--GARY WAYNE RENVILLE, JR.