l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the ) DEFAULT ORDER OF
5 Educator License of ) REVOCATION AND REVOCATION
6 YODER, MATTHEW DAVID ) OF RIGHT TO APPLY
7
8 On May 7, 2014, the Teacher Standards and Practices Commission (Commission)
9 issued a Notice of Opportunity for Hearing to Matthew David Yoder (Y oder) in which
10 the Commission charged him with Gross Neglect of Duty and Gross Unﬁtness. The
l 1 Notice was sent via U.S. First Class Mail and U.S. Certiﬁed Mail Receipt 7010 2780
12 0000 2187 3149 to the address on ﬁle with the Commission. The Notice designated the
13 Commission ﬁle as the record for purposes of proving a prima facie case. The Certiﬁed
14 Mail was signed for, and the return receipt was received by TSPC 0n May 13, 2014. The
15 regular mail was not returned t0 the Commission. The Notice of Opportunity of
16 Hearing, dated May 7, 2014, and signed by Victoria Chamberlain, Executive Director,
l7 stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
22 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Yoder did not request a hearing. The Commission, therefore, ﬁnds Yoder to be in default
27 and enters the following ﬁndings of fact, conclusions of law, and ﬁnal order, based on
28 the ﬁles and records of the Commission concerning this matter.
29
30 FINDINGS OF FACT
31 1. Matthew David Yoder has been licensed by the Commission since September 26,
32 2006. Yoder’s Initial I Teaching License, with an endorsement in Social Studies
33 (HS), was issued on November 16, 2010, and expires on November 6, 2014. During
34 all relevant times, you were employed by the Western Mennonite School, a private
3 5 school.
l 36 2. On April 15, 2014, Yoder pled guilty to and was convicted of three counts of Sexual
37 Abuse in the second degree (ORS 163.425). Yoder was sentenced to thirty two (32)
PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- YODER, MATTHEW
DAVID

l months in prison, followed by a period of probation, and required to register as a sex
2 offender.
3 3. Yoder’s convictions arose from allegations that included Yoder had sexual contact to
4 include sexual intercourse, with a 15 year old female student during the time she
5 attended and Yoder was employed by the Western Mennonite School. Yoder’s sexual
6 relationship began sometime between October of 2010 and April of 2011, and
7 continued until approximately November of 2011. Yoder’s sexual contact with this
8 student included sexual intercourse, oral sex, and penetration with a foreign object
9 (sex toy).
10 CONCLUSIONS OF LAW
1 l Yoder’s convictions constitutes gross neglect of duty in violation of ORS
12 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-oo1o(5) (Use
l3 professional judgment) ; and OAR 584-020-0040(1)(n) (ORS 163.425 — Sexual Abuse in
14 the Second Degree). This conduct also constitutes gross unﬁtness in violation of ORS
15 342.175(1)(c); OAR 584-020-0040(5)(d) (Commission 0f an act listed in OAR 584-020-
16 0040(1)), and OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting
l7 criminal conduct, even in the absence of a conviction). Pursuant to ORS 342.175(2)(a)
l8 and OAR 584-020-0040(1) the Commission will deny, revoke 0r deny the right to apply
19 for a license or charter school registration to any applicant or educator who, has been
20 convicted of any of the crimes listed in ORS 342.143.
21
22 Furthermore, the conduct underlying Y0der’s indictments and conviction
23 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-
24 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR
25 584-020-0040(4)(k) (knowing violation of any order 0r rule 0f the Commission); and
26 OAR 584-020-oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D)(Honoring
27 appropriate adult boundaries with students in conduct and conversations at all times),
28 OAR 584-020-0035(3)(a)(Maintain the dignity of the profession by respecting and
l 29 obeying the law, exemplifying personal integrity and honesty); and OAR 584-020-
30 0040(4)(f) (Any sexual conduct with a student). Additionally, your convictions and
31 conduct related to your convictions constitute “gross unﬁtness" in violation of ORS
Egsgz-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- YODER, MATTHEW

1 342.175(1)(c), OAR 584-020-004o(3)(a) and (d) as deﬁned by OAR 584-020-0040 (5)
2 (“Gross unﬁtness is any conduct which renders an educator unqualiﬁed to perform his
3 or her professional responsibilities”).
4
5 The C0mmission’s authority to impose discipline in this matter is based upon ORS
6 342.175.
7 FINAL ORDER
8 The Commission hereby revokes Matthew David Yoder’s educator license and
9 revokes his right to apply for an educator license.
10 IT rs so ORDERED THIS Z Jday of July, 2014.
11 TEACHER STANDARDS AND PRACTICES COMMISSION
l2
l3
14 By: —___
15 Victoria Chamberlain, Executive Director
16
1 7
l8
19 NOTICE OF APPEAL OR RIGHTS
2O
21 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
22 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE
23 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
24 ORS 183.482 TO THE OREGON COURT OF APPEALS.
l
PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT T0 APPLY- YODER, MATTHEW
l DAVID

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of ﬁnal order, certiﬁed by me as such, by mailing
U.S. First Class Mail and U.S. Certiﬁed Mail—Return Receipt Requested, addressed to:
Matthew David Yoder - 19352636
Coffee Creek Intake Center
24499 Grahams Ferry Rd
Wilsonville, OR 97070
Dated this I JJ' day of July, 2014.
By: I
Patt de
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING—- YODER, MATTHEW DAVID