1:’ ii 5:} I t; 1 /'
1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION I ‘I
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS AND
4 Educator License of ) FINAL ORDER 0F REVOCATION
5 AUSTIN WAYNE MARL ) OF LICENSURE
6 On or about February 17, 2016, the Teacher Standards and Practices Commission
7 (Commission) received a report from the Yarnhill-Carlton School District indicating Austin
8 Wayne Marl (Marl) was the subject of a school district investigation regarding allegations of
9 inappropriate conduct in violation of professional standards regarding student / teacher
10 boundaries.
1 1 After review of the matters alleged, Marl and the Commission agree that their respective
12 interests, together with the public interest, are best served by a stipulation to certain facts and
13 the voluntary surrender of Marl’s Oregon educator licensure.
14 This document sets forth the facts upon which the parties have agreed and the stipulated
15 sanction to be imposed. Marl stipulates that there is sufficient evidence in the Commission’s
16 files and records to support the findings of fact, conclusions of law, and order set forth below.
17 By signing below, Marl acknowledges, understands, stipulates, and agrees to the
1 8 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
21 Order of Revocation of Licensure (Stipulation and Final Order); (ii) this Stipulation and Final
22 Order is a public document and disclosed to the public upon request by the Commission; (iii)
23 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the
24 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
25 then neither Marl nor the Commission are bound by the terms herein; (iv) he has fully read this
26 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any force
27 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the
Page 1 STIPULATION OF FACTSAND FINAL ORDER OF REVOCATION OF LICENSURE - AUSTIN
WAYNE MARL

1 Stipulated Final Order below; (vi) he states that no promises or representation has been made to
2 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney
3 regarding this Stipulation and Final Order and has been fully advised with regard t0 his rights
4 thereto, or waives any and all rights to consult with an attorney prior to entering into this
5 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. In
6 entering into this stipulation, Marl waives the right to a hearing to contest the findings of fact,
7 conclusions of law and order set forth below.
8 STIPULATION OF FACTS
9 1. The Commission has licensed Mari since March 11, 2014. Marl holds an Initial I
1O Teaching License, with an endorsement in Advanced Mathematics (HS, ML), valid from
1 1 February 26, 2015, through April 6, 2018. During all relevant times, Marl was employed
1 2 by the Yarnhill-Carlton School District.
13 2. 0n February 17, 2016, the Commission received a report from the Yamhill-Carlton
14 School District alleging that Marl had engaged in misconduct. On January 28, 2016, the
15 district received a complaint from a patron reporting that Marl engaged in a sexual
16 relationship with the patron’s 18 year-old daughter (JG) who was a former student of the
17 Yamhill-Carlton School District and was then attending school in Newberg. Investigation
1 8 determined that JG was a student of Marl’s during the 2013-2014 school year until she
19 transferred to the Newberg School District in June of 2014.
20 On or about May of 2015, Marl began privately tutoring JG in math. In June of 2015,
21 Marl and JG began a romantic relationship. JG was an 18 year-old student at the time of
22 the romantic relationship.
23 J G’s mother was aware of the relationship. When J G’s mother insisted that Marl marry
24 JG, Marl refused. In retaliation, J G’s mother reported the relationship to the police and
25 school officials. Law enforcement’s investigation determined that no criminal
26 misconduct had occurred and no charges were filed. The Yamhill-Carlton School District
Page 2 STIPULATION OF FACTSAND FINAL ORDER OF REVOCATION OF LICENSURE — AUSTIN
WAYNE MARL

1 determined Marl’s conduct violated local policy, and on February 2, 2016, Marl resigned
‘ 2 his employment.

3

4 IT IS SO STIPULATED:

5 ‘jg, 03'21-1'1

6 Austin Wayne Mar} Date

7 222M VZW/ r- 71’?

8 Dr. Monica Beane, Executive Director Date

9 Teacher Standards and Practices Commission
1 O
1 1
12 CONCLUSION OF LAW
13 Austin Wayne Marl’s conduct described in section two above constitutes Gross Neglect of
14 Duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-
15 020-001o(5) (Use professional judgment), OAR 584-020-0025(2)(e)( Using district lflwfill and
16 reasonable rules and regulations); OAR 584-020-oo4o(4)(o) as it incorporates OAR 584-020-
17 0035(1)(b)(Refrainfrom exploiting relationships with any student for personal gain, or in
1 8 support of persons or issues), OAR 584e020-0035(1)(c)(A) (Not demonstrating or expressing
19 professionally inappropriate interest in a student's personal life), OAR 584-020-0035(1)(c)(D)
20 (Honoring appropriate adult boundaries with students in conduct and conversations at all
21 times); and OAR 584-020-0040(4)(t) (Any sexual conduct with a student). The Commission
22 may rely on the definitions of sexual conduct in ORS 339.37o(9) and OAR 584-020-0oo5(5).
23 Additionally, your conduct constitutes “gross unfitness” in violation of ORS 342.175(1)(c), OAR
24 584-020-004o(3)(a) and (d) as defined by OAR 584-020-0040 (5) (Gross unfitness is any
25 conduct which renders an educator unqualified to perform his or her professional
26 responsibilities).
27

Page 3 STIPULATION OF FACTSAND FINAL ORDER OF REVOCATION OF LICENSURE —AUSTIN
WAYNE MARL

1 The Commission’s authority to impose discipline in this matter is based upon ORS
2 342.175.
3 ORDER
4 The Commission adopts the above Stipulation of Facts, and hereby revokes the Teaching
5 Licensure of Austin Wayne Marl.
6 IT IS s0 ORDERED this {21% day of dz r/Z ,20 /7 .
7 TEACHER STANDARDS AND PRACTICES COMMISSION
8
, 7 (
9 By: fi/Zmoa-l 2%fi’
1O Dr. Monica Beane, Executive Director
Page 4 STIPULATION OF FACTSAND FINAL ORDER OF REVOCATION OF LICENSURE — AUSTIN
WAYNE MARL