1 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS AND

4 Educator License of ) FINAL ORDER OF REPRIMAND

5 MARK J MAYKO ) AND PROBATION

g On or about March 26, 2012, the Teacher Standards and Practices Commission

B (Commission) received a report from the Gresham-Barlow School District indicating that

9 Mark Mayko (Mayko), failed to make a mandatory report of a possible child abuse
1 O situation.
1 1 After review of the matters alleged, Mayko and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to
13 certain facts and the imposition of a public reprimand with a four year probation period.
14 By signing below, Mayko acknowledges, understands, stipulates, and agrees to
15 the following: (i) he has been fully advised of his rights t0 notice and a hearing to contest
16 the findings of fact, conclusions of law, and order set forth below, and fully and finally
17 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
18 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii)
19 this Stipulation and Final Order is a public document and disclosed to the public upon
2G request to the Commission; (iii) this Stipulation and Final Order is contingent upon and
21 subject to approval and adoption by the Commission. If the Commission does not
22 approve and adopt this Stipulation and Final Order, then neither Mayko nor the
23 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and
24 Final Order, and understands it completely; (v) he voluntarily, without any force or
25 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
26 the Stipulated Final Order below; (vi) he states that no promise or representation has
27 been made to induce him to sign this Stipulation and Final Order; and (vii) he has
28 consulted with an attorney regarding this Stipulation and Final Order and has been fully
29 advised with regard to his rights thereto, or waives any and all rights to consult with an

Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND — MAYKO, MARK

1 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
2 the Stipulated Final Order below.
‘ 3 STIPULATION 0F FACTS
4 1. Mark J Mayko has been licensed as a teacher in Oregon since September 11, 1998.
5 Mayko’s current Standard Teaching License, with endorsements in Standard
6 Elementary (016), Standard Exceptional Learner (018), and Middle Level Emphasis
7 (015), is valid July 16, 2011, through July 15, 2016. During all relevant times, Mayko
8 was employed by the Gresham-Barlow School District.
9 2. On March 26, 2012, the Commission received a report from the Gresham-Barlow
10 School District indicating that Mayko may have failed to make a mandatory report of
1 1 child abuse.
12 3. On or about January 2012, an adult aged, special education student shared an
13 incident in class which has been determined to have constituted “reasonable cause”
14 that a possible child abuse situation had existed and required mandatory reporting.
15 The student informed Mayko, and the other students, that over the weekend she and
16 her boyfriend had smoked marijuana while driving a motor vehicle with the student’s
1 7 three or four year old foster sibling in the vehicle. Mayko failed to report the possible
18 child abuse to DHS, local law enforcement, school district administrators or any
19 other officials.
20 4. These statements were made at a time when students were asked to share something
21 with the class about their weekend. Mayko explained to TSPC investigators that this
22 student regularly said dramatic things in class to gain attention from the younger
23 students. Mayko has correctly reported abuse to DHS in the past. Mayko and his
24 administration believe this desensitization, based on this student’s conduct in the
25 past, contributed to Maykofs failure to report the incident.
26 IT IS SO SFIPULATED:
5;’; 3%,” Qt; maze/3’
29 , I l a k0 ‘ Date
2? 2322 2, 4 2W ML
32 Victoria ; ~ xecutive Director Date
33 Teacher Standards and Practices Commission
34 Fl ECEI VED
35 OCT 312013
Teacher Standards &
Practices Commission
Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND — MAYKO, MARK

1 CONCLUSION OF LAW
2 Mark J Mayko’s conduct constitutes gross neglect of duty in violation of ORS
3 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-oo1o(5) (Use
4 professional judgment); OAR 584-020-0040(4)(s) (Failing to report child abuse pursuant to
5 ORS 41 9B.010).
6 The Commission’s authority to impose discipline in this matter is based upon ORS
7 342.175.
8 ORDER
9 Based on the foregoing, the Commission hereby orders as follows:
1O 1. The Commission adopts and incorporates herein the above findings of fact and
1 1 conclusions of law, and based thereon, imposes a Public Reprimand on Mark J
12 Mayk0’s Educators License;
1 3 2. Mayko is hereby placed on probation for a period of four (4) years from the date
14 this order is signed by the Commission subject to the following conditions:
1 5 a) Mayko shall comply with the Standards for Competent and Ethical Performance
18 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division
1 7 020.
18 Violation of any term or condition of probation shall constitute an independent basis for
19 the Commission to revoke Mayko’s educator license, revoke his right to apply for a
20 license, or otherwise impose discipline, after first providing Mayko with notice and
21 opportunity for hearing. >46
22 Issued and dated this L day of November, 2013.
23 TEACHER STANDARDS AND PRACTICES COMMISSION
24 STATE OF REGON
26 ML;
27 lctoria Chamberlam, Executive Director
Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND — MAYKO, MARK