——I—_—-—_——— if"
1

1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the Educator ) DEFAULT ORDER OF

5 License of ) REPRIMAND

6 STEPHEN PAUL MORDEN )

7

8

9 On July 20, 2015, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Stephen Paul Morden, (Morden) in which the
1 1 Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First
12 Class Mail and U.S. Certified Mail Receipt 7015 0640 0007 1084 6106 to the address on file
13 with the Commission. The Notice designated the Commission file as the record for purposes
14 of proving a prima facie case. The Certified Mail was returned to the Commission and
15 marked “Unclaimed”. The first class mail was not returned to the Commission. The Notice
16 of Opportunity of Hearing, dated July 20, 2015, and signed by Victoria Chamberlain,
17 Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
19 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 YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Morden did not requested a hearing. The Commission, therefore, finds Morden to be in
27 default and enters the following findings of fact, conclusions of law, and final order, based
28 on the files and records of the Commission concerning this matter.
29 FINDINGS OF FACT

30 1. Morden has been licensed by the Commission since September 11, 2012. Morden’s

31 Initial Teaching License, with an endorsement in Special Education (ML/ HS,

32 ECE/ELE) was valid from September 11, 2012, through March 11, 2014. During all

33 relevant times, Morden was employed by the Astoria School District.

34 2. On April 26, 2013, the Commission received a report indicating Morden had

35 committed acts of unprofessional conduct in the area of unnecessary physical force

36 with students. Investigations by the Commission and school officials identified the

37 following unprofessional conduct:

PAGE 1-DEFAULT ORDER OF REPRIMAND- STEPHEN PAUL MORDEN

1 a. During the 2012-2013 school year, Morden was observed employing unapproved

2 physical restraints on multiple occasions. This included Morden using an arm bar

3 style hold behind a student’s back, locking a student’s forearm under their own

4 chin while pinning the student’s thigh to the ground with Morden’s knee, and

5 covering the face of a student by tying a towel over their face because they were

6 involuntarily spitting. Witnesses advised that Morden was visibly upset and

7 observed Morden cussing in frustration. Administration identified Morden’s

8 restraint techniques as unapproved and improper. School officials reported

9 Morden’s conduct to law enforcement as possible child abuse. The law
10 enforcement investigation determined Morden’s actions may have violated policy
1 l but did not rise to a level considered criminal. Astoria School District terminated
12 Morden’s employment 0n April 23, 2013.
13 CONCLUSIONS OF LAW
14 Stephen Paul Morden engaged in unprofessional conduct as described above. This
15 conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-
16 oo40(4)(n) as it incorporates OAR 584-020-001o(1) (Recognize the worth and dignity of
17 all persons and respect for each individual), OAR 584-020-0010(5) (Use professional
18 judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and
19 regulations); and OAR 584-020-0040(4)(d) (Unreasonable physical force against
20 students, fellow employees, or visitors to the school, except as permitted under ORS
21 339.250).
22
23 The Commission’s authority to impose discipline in this matter is based upon ORS
24 342.175.

‘ 25 FINAL ORDER
26 The Commission hereby issues a Public Reprimand upon Stephen Paul Morderfs
27 Educator licensure. 4d’
28 IT IS so ORDERED THIS <52 l‘ day of October, 2015.
29
PAGE 2-DEFAULT ORDER OF REPRIMAND- STEPHEN PAUL MORDEN

l TEACHER STANDARDS AND PRACTICES COMMISSION
2 By:
3 Victoria Chamberlain, Executive Director
4
5 NOTICE OF APPEAL OR RIGHTS
6
7 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
8 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
9 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
10 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REPRIMAND- STEPHEN PAUL MORDEN

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 t0:
Stephen Paul Morden
955 Bridge View Ct
Astoria, OR 97103-5911
J)”
Dated this 52/ day of October, 2015.
By; ( eff,”
Pat iddell
Investigative Assistant
PAGE 1— CERTIFICATE OF MAILING— STEPHEN PAUL MORDEN