1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON i 3 In the Matter of the ) STIFULATION OF FACTS AND l 4 Educator License of ) FINAL ORDER OF SUSPENSION OF 5 BRUCE GLEN SCANLON ) RIGHT TO APPLY 6 On or about May 1, 2012, the Teacher Standards and Practices Commission (Commission) 7 received a report from the Superintendent of the McMinnville School District indicating that Bruce 8 Glen Scanlon (Scanlon) violated professional standards by using school district technology to search 9 and access sexually explicit materials. 1O Scanlon fully cooperated with the Commission's investigation in this matter. After review of 1 1 the matters alleged, Scanlon and the Commission agree that their respective interests, together with 12 the public interest, are best served by a stipulation to certain facts, the imposition of a sixty (60) day 13 suspension of his right to apply for an educator license. 14 This document sets forth the facts upon which the parties have agreed and the stipulated 15 sanction to be imposed. Scanlon stipulates that there is sufiicient evidence in the Commission’s files 1 6 and records to support the findings of fact, conclusions of law, and order set forth below. 1 7 By signing below, Scanlon acknowledges, understands, stipulates, and agrees to the following: 18 (i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact, , 19 conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights 20 to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension of Right to 21 Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and i 22 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is l 23 contingent upon and subject to approval and adoption by the Commission. If the Commission does l 24 not approve and adopt this Stipulation and Final Order, then neither Scanlon nor the Commission are 25 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it 26 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Order 27 and consents to issuance and entry 0f the Stipulated Final Order below; (vi) he states that no promises 28 or representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION OF RIGHT TO APPLY - BRUCE GLEN SCANLON 1 has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised 2 with regard to his rights thereto, or waives any and all rights to consult with an attorney prior to 3 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 4 below. 5 STIPULATION OF FACTS 6 1) The Commission has licensed Scanlon since June 19, 1990. Scanlon recently held a Standard 7 Teaching License issued April 27, 2009, with endorsements in Standard Health Education (018) 8 and Health Services (024), which expired on April 26, 2014. As of the date of this agreement, 9 Scanlon has not made application for renewal of his license. During all relevant times, Scanlon was 1O employed by the McMinnville School District. 1 1 2) On Wednesday, April 18, 2012, at approximately 2:30 pm, and Friday, April 20, 2012, between 12 2:30 and 3:30 pm; Scanlon used a school district computer to perform internet searches for 13 pornographic materials. Records indicate this adult material was both searched for and viewed on 14 a school district’s computer. A forensic review of Seanlon’s school district computer indicated that 15 Scanlon conducted these activities, on campus and during school hours. There is no evidence that 16 students were exposed to Scanlon's inappropriate internet activities. Forensic reports indicate 17 Scanlon phrased sexual search terms in foreign languages in order to bypass the school’s internet 18 filters. When interviewed Scanlon admitted to accessing the adult material multiple times‘ 19 throughout the 2011 — 2012 school year. 20 3) At the time the concern became known to the District, Scanlon took prompt action of seeking 21 counseling and has successfully completed that process. 22 23 I'I‘ IS S TIPUIAT D: 25 r ‘ n S o _ l ate 27 ictoria Ch e in_Exeeutive Director Date 28 Teacher Standards and Practices Commission Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION OF RIGHT TO APPLY - BRUCE GLEN SCANLON 1 CONCLUSIONS OF LAW 2 The above described conduct that Bruce Glen Scanlon engaged in constitutes gross neglect of 3 duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020- 4 0010(5) (Use professional judgment); OAR 584-020-004o(o) as it incorporates OAR 584-020- 5 0035(2)(e) (Not use the district's or school's name, property, or resourcesfor non-educational 6 benefit 0r purposes without approval of the educator's supervisor or the appointing authority); OAR 7 584—020-oo40(4)(b) (Substantial unauthorized use of employment time or school resources for 8 private purposes); and OAR 584-020-0040(4)(q) (Unauthorized use of school computer equipment ‘ 9 to receive, store, produce or send sexually explicit materials). I 1O The Commission's authority to impose discipline in this matter is based upon ORS 342.175. 1 1 ORDER 12 The Commission hereby adopts and incorporates herein the above stipulation of facts, 13 conclusions of law, and based thereon hereby imposes a sixty (60) day suspension upon Scanlon's . 14 right to apply for an Oregon educator license as follows: 15 Bruce Glen Scanlon’s right to apply for an Educator License is hereby suspended for sixty (60) 16 days following the adoption of this order. 17 1s #1 19 IT IS SO ORDERED this A>?i day of November, 2014. I 20 TEACHER STANDARDS AND PRACTICES COMMISSION 21 . 22 By: %W_ _ 23 ictoria Ch in, Executive Director . I Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION OF RIGHT TO APPLY — BRUCE GLEN SCANLON CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension of ‘ Right to Apply, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — t Return Receipt Requested, addressed to: Bruce Glen Scanlon 364 NW Meadowlark Way McMinnviIle, OR 97128-5430 I Ii I I DATED this 026 'day of November, 2014. By: P iddell Investigative Assistant ' CERTIFICATE OF MAILING — SCANLON, BRUCE GLEN