é’ . 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON ‘

3

4 In the Matter of the ) STIPULATION OF FACTS,

5 Teaching License of ) ORDER OF SUSPENSION

6 DAVID RANDALL MARTIN ) AND PROBATION

g )

9 On or about April 11, 2001, David Martin’s attorney notified the Teacher Standards and
10 Practices Commission (Commission) of this matter and of his willingness to cooperate.
11 On or about April 12, 2000, the Commission notified David Martin that a report had been
12 filed alleging that Mr. Martin misused his school computer to access sexually explicit material
13 over the Internet. William Hampton, Superintendent, Sweet Home School District, submitted the
14 report.

~ 115 Mr. Martin fully cooperated with the Commission's investigation and did not contest the
16 allegations. After review of the matters alleged, Mr. Martin and the Commission agree that their
17 respective interests, together with the public interest, are best served by a stipulation to certain
18 facts and the imposition of a ninety (90) day suspension, followed by a period of probation of
19 two (2) years. This Order sets forth the facts upon which the parties have agreed and the
20 sanction to be imposed. In entering into this stipulation, Mr. Martin waives the right to a hearing
21 to contest the finding of fact, conclusion of law and order set forth below. Mr. Martin
22 understands that the probation will be subject to specific conditions.
23 STIPULATION OF FACTS
24 1. Mr. Martin holds a Standard Teaching License with Standard Language Arts and '
25 Basic Journalism Endorsements valid January 14, 2000 through November 2, 2005. He was
26 employed by the Sweet Home School District from September 1982, until his resignation
27 effective April 25, 2001, as a High School Language Arts Teacher.
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION ‘

. 1 2. For the past two years a District-owned computer with Internet access was present in
2 Mr. Martin's classroom for his use in connection with his assigned responsibilities.
3 3. The District has a clearly defined, acceptable use policy. The District’s policy prohibits
4 the use or attempted use of equipment for Internet access sexually explicit materials.
5 4. A District employee discovered Mr. Martin's use of the computer to access the
6 Internet on multiple occasions during student contact hours and non-student contact hours, but
7 never in the presence of students. Mr. Martin used his classroom computer on multiple
8 occasions to access sexually explicit materials through the District's Internet connection in
9 violation of District policy regarding Internet use.
10 5. Mr. Martin admits that he should not have used the District computer for viewing
11 sexually explicit materials and has expressed remorse for doing so.
12 6. Mr. Martin has never denied his actions with the School District or TSPC. He has
.13 accepted responsibility and acknowledges his mistake.
14 ULTIMATE FINDING OF FACT
15 David Martin used the computer equipment owned by his employer, Sweet Home School
16 District, located on school premises, to access sexually explicit materials during the past two
17 years. Mr. Martin was fully aware that accessing such materials at the workplace with a District
18 owned computer was inappropriate and against District policy.
19 CONCLUSION OF LAW
20 David Martin's activities constitute gross neglect of duty in violation of OAR 584-020-
21 0040(4)(q). .
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. Martin nor the
24 Commission are bound by these Stipulations and Mr. Martin retains all rights to a hearing on the
25 allegations.
'26 // /
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

. 1 IT IS SO STIPULATED:
2 .
s {laid {got/Lt Maia) V-l7~0/
4 David Randall Martin Date
2 AQWé‘;'Z7L~' 4/79th!
7 David V. Myton Execut' e Director Date
8 Teacher Standards and Practices Commission
9 ORDER
10 The Oregon Standard Teaching License of David Martin is suspended for a period of
11 ninety (90) days beginning on May 11, 2001. At the end of this suspension period, Mr. Martin's
12 teaching license wiII be reinstated upon complete application and documentation that he has
13 undergone an evaluation by a psychotherapist or medical professional acceptable to the
14 Commission, and the evaluator submits a written report to the Commission attesting (1) Mr.
.15 Martin is fit to work with children and teenagers, and (2) there is a high probability he will not
16 use school district equipment to access sexually explicit materials or engage in similar
17 inappropriate behavior. Any costs associated with the assessment or treatment will be the
18 responsibility of Mr. Martin.
19 Upon the reinstatement of his teaching license, Mr. Martin shall be placed on probation
20 by the Commission for a period 0f two (2) years subject to the following conditions:
21 1. Mr. Martin shall substantially comply with any treatment or counseling as
22 recommended by the individual who completed the evaluation described above. Mr. Martin
23 shall authorize and sign any consent forms as necessary for the treatment provider or counselor
24 to furnish records to or discuss Mr. Martin's treatment with the Commission.
25 2. Mr, Martin shall comply with all Standards for Competent and Ethical Performance
26 under Chapter OAR 584, Division 020.
27 3. Mr. Martin shall provide information as requested by the Commission to verify that he
.28 has complied with the conditions of probation, including a statement from a future employing
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION

. 1 district that he has complied with the Standards for Competent and Ethical Performance under
2 Chapter OAR 584, Division 020.
3 Violation of the terms of this probation may constitute an independent basis for the
4 Commission to impose discipline, up to and including revocation of Mr. Martin's teaching license
5 subject to Mr. Martin's right to a hearing on the issue of whether he violated probation.
6 Dated this may of May 2001
7 TEACHER STANDARDS AND PRACTICES COMMISSION
8 i.
9 By: 5&2 Kg t 111%
1O avid V. Myton, Exec tive Director
11
12 APPROVED AS TO FORM
13
14 w
'15 Ralp . Wiser OSB# 81423
16 Attorney for David Randall Martin
O
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION