l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the ) DEFAULT ORDER OF 5 Educator License 0f ) REVOCATION AND REVOCATION 6 ) OF RIGHT 7 KIRK DAVID MYROLD ) TO APPLY FOR LICENSURE 8 9 On March 27, 2017, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Kirk David Myrold 1 1 (Myrold) in which the Commission charged him with Gross Neglect of Duty and Gross 12 Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 13 7016 0750 0000 2419 1034 to the address on file with the Commission. The Notice 14 designated the Commission file as the record for purposes of proving a prima facie case. 15 The Certified Mail was returned signed to the Commission on March 31, 2017. The l6 regular first class mail was not returned to the Commission. The Notice of Opportunity 17 of Hearing, dated March 27, 2017, and signed by Monica Beane, Executive Director, 18 stated: l9 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 20 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 23 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 24 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 25 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 26 27 Myrold did not request a hearing. The Commission, therefore, finds Myrold to be in 28 default and enters the following findings of fact, conclusions of law, and final order, 29 based on the files and records of the Commission concerning this matter. 30 FINDINGS OF FACT 31 1. Kirk David Myrold has been licensed by the Commission since January 3, 2014. 32 Myrold’s Initial I Teaching License, with endorsements in ESOL (MS/ HS, ECE/ELE) 33 and World Language: Spanish (HS), is valid from August 25, 2014, through August 34 27, 2017. Dun'ng all relevant times, Myrold was employed by the Dallas School 35 District. PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT To APPLY FOR LICENSURE- KlRK DAVID MYROLD l 2. On September 16, 2016, the Commission received a report from the Dallas School 2 District indicating that Myrold was under investigation for possible misconduct, 3 including a criminal investigation involving a minor aged student. 4 3. On September 12, 2016, Myrold was arrested by the Dallas Oregon Police 5 Department, charging Myrold with two counts 0f Sexual Abuse II, ORS 163.425, a 6 class “C” Felony, and Luring a Minor, ORS 167.057 a class “C” Felony. On January 7 12, 2017, as part of a plea agreement, Myrold was convicted of Sexual Abuse II, ORS 8 163.425, a class “C” Felony. Myrold was sentenced, in part, to 30 days in jail, 60 9 months of post-conviction supervision, and required to register as a sex offender. 10 4. Myrold’s criminal charges and subsequent convictions arose from allegations that on 11 or between June 1, 2016 and September 12, 2016, 0n multiple occasions, Myrold 12 unlawfully and knowingly subjected a minor (student) to sexual contact by kissing 13 and causing her to touch his penis while having been her coach before the 14 commission of the act(s). Myrold also shared, via text messages explicit descriptions 15 and narratives of sexual conduct for the purpose of inducing the minor aged student 16 to engage in sexual conduct. l7 18 CONCLUSIONS OF LAW 19 Kirk David Myrold’s criminal convictions constitute gross neglect of duty in 20 violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584- 21 020-0010(5) (Use professional judgment); and OAR 584-020-004o(1) (The 22 Commission will deny, revoke or deny the right to apply for a license or charter school 23 registration to any applicant 0r educator who, has been convicted of any of the crimes 24 listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted 25 in another jurisdiction), including OAR 584-020-0040(1) (n) (ORS 163.425 —Sexual 26 Abuse in the Second Degree). This conduct also constitutes gross unfitness in violation 27 of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, 28 state, or local law. A conviction includes any final judgment 0f conviction by a court 29 whether as the result of guilty plea, no contest plea or any other means); OAR 584- 30 o20-oo40(5)(d) (Commission of an act listed in OAR 584-020-0040(1); and OAR 584- 31 020-0040(5)(e) (Admission of or engaging in acts constituting criminal conduct, even PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY FOR LICENSURE- KIRK DAVID MYROLD 1 in the absence of a conviction). 2 3 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards 4 and Practices Commission must revoke Myrold’s license and Myrold’s right to apply for 5 a license based on conviction of any of the crimes listed in ORS 342.143(3)(a), 0r the 6 substantial equivalent of any 0f those crimes. 7 8 Furthermore, the conduct underlying Myrold’s indictments and convictions 9 constitutes gross neglect of duty in violation 0f ORS 342.175(1)(b); OAR 584-020- 10 oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 11 584-020-0040(4)(k)( Violation of any rule or order of the Commission); OAR 584- 12 o20-oo4o(4)(f) (Any sexual conduct with a student) as defined by OAR 584-020- 13 0005(5); OAR 584-020-004o(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D) 14 (Honoring appropriate adult boundaries with students in conduct and conversations 15 at all times); and OAR 584-020-0035(3)(a)(Maintain the dignity of the profession by l6 respecting and obeying the law, exemplifying personal integrity and honesty). 17 Additionally, your conviction and conduct related to your conviction constitute “gross l8 unfitness” in violation of ORS 342.175(1)(c); OAR 584-020-0040(3)(c) and (d) as 19 defined by OAR 584-020-0040 (5) (Gross unfitness is any conduct which renders an 20 educator unqualified to perform his or her professional responsibilities). 2l 22 The Commission’s authority to impose discipline in this matter is based upon ORS 23 342.175. 24 FINAL ORDER 25 The Commission hereby revokes Kirk David Myrold’s Oregon educator license 26 and his right to apply for an Oregon educator license. 27 IT 1s s0 ORDERED THIS fly of June, 2017. 28 //// 29 //// 30 //// PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY FOR LICENSURE- KIRK DAVID MYROLD l TEACHER STANDARDS AND PRACTICES COMMISSION 2 3 Wm, 60¢- 4 By: 5 Dr. Monica Beane, Executive Director 6 7 8 9 NOTICE OF APPEAL OR RIGHTS lO ll YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 12 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 13 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF l4 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT To APPLY FOR LICENSURE- KIRK DAVID MYROLD