1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
Q OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS,
4 Teaching License of ) ORDER OF SUSPENSION
5 ROGELIO RIZO VIVANCO ) AND PROBATION
6 On or about January 17, 2003, the Teacher Standards and Practices Commission
7 (Commission) received a report from Sandra Lawson, Assistant Superintendent, Newberg
8 Public Schools, indicating that Rogelio Rizo Vivanco (Vivanco) used his school computer to
9 access sexually explicit material on the Internet.
10 After review of the matters alleged, Mr. Vivanco and the Commission agree that their
11 respective interests, together with the public interest, are best served by a stipulation to certain
12 facts and the imposition of a ninety (90) day suspension, followed by a period of probation of
13 two (2) years.
4 This Order sets forth the facts upon which the parties have agreed and the sanction to
Q be imposed. Mr. Vivanco stipulates that there are sufficient facts contained in the Commission's
16 files and records to support the findings of fact and conclusions of law set forth below. In
17 entering into this stipulation, Mr. Vivanco waives the right to a hearing to contest the findings of
18 fact, conclusion of law and order set forth below.
19 Mr. Vivanco understands that the probation will be subject to specific conditions.
20 This stipulation is contingent upon approval and adoption of the Order by the
21 Commission. If the Commission does not adopt this Order, neither Mr. Vivanco nor the
22 Commission are bound by these Stipulations and Mr. Vivanco retains all rights to a hearing on i
23 the allegations. 1
24 STIPULATION OF FACTS
25 1. Mr. Vivanco holds a Basic Teaching License issued August 3, 2001, valid through
26 October 26, 2004, with a Basic Elementary Endorsement.
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Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - VIVANCO ;

1 2. Mr. Vivanco was employed by Newberg Public Schools as a teacher at Edwards
Q Elementary School beginning August 28, 2000. Mr. Vivanco resigned in lieu of termination on
3 January 13, 2003.
4 3. A District-owned computer with Internet access was present in Mr. Vivanco’s '
5 classroom for his use in connection with his assigned responsibilities. The District has a clearly
6 defined, acceptable use policy. The District's policy prohibits the use or attempted use of
7 equipment for lnternet access of sexually explicit materials.
8 4. Mr. Vivanco used his classroom computer on multiple occasions to access sexually
9 explicit materials through the District's lnternet connection in violation of District policy regarding ‘
10 lnternet use.
11 5. Mr. Vivanco admits that he should not have used the District computer for viewing
12 sexually explicit materials and has expressed remorse for doing so.
3 lT IS SO STIPULATED:
‘ QM... It . iéggl—
15 Rongizo i . ~' ' _ Date
17 Victoria Ch berl'n, Executi e Director Date
18 Teacher Stan - rds and Practices Commission
19 ULTIMATE FINDING OF FACT
20 Rogelio Rizo Vivanco used the computer equipment owned by his employer, Newberg
21 Public Schools, located on school premises, to access sexually explicit materials. Mr. Vivanco
22 was fully aware that accessing such materials at the workplace with a District owned computer
23 was inappropriate and in violation of District policy.
24 CONCLUSION OF LAW
25 Rogelio Rizo Vivanco’s inappropriate use of a district computer constitutes Gross
26 Neglect of Duty in violation of OAR 584-020-0040(4)(q). The Commission's authority to impose
' discipline in this matter is based upon ORS 342.175.
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - VIVANCO

1 ORDER
Q Rogelio Rizo Vivanco’s Basic Teaching License is suspended for a period of ninety (90)
3 days effective May 9, 2003. At the end of this suspension period, Mr. Vivanco’s Basic Teaching
4 License will be reinstated upon:
5 1. Submission of a complete application and fees pursuant to OAR 584-050-0015(3);
6 and
7 2. Submission of documentation that he has undergone an evaluation by a
8 psychotherapist or medical professional acceptable to the Commission, and the evaluator
9 submits a written report to the Commission attesting (a) Mr. Vivanco is fit to work with children
10 and teenagers, and (b) there is a high probability he will not use school district equipment to
11 access sexually explicit materials or engage in similar inappropriate behavior. Any costs 1
12 associated with the assessment or treatment will be the responsibility of Mr. Vivanco.
3 Upon the reinstatement of Iicensure, Mr. Vivanco shall be placed on probation by the _
‘ Commission for a period of two (2) years subject to the following terms and conditions:
15 1. Mr. Vivanco shall substantially comply with any treatment or counseling as
16 recommended by the individual who completed the evaluation described above.
17 Mr. Vivanco shall authorize and sign any consent forms as necessary for the treatment provider
18 or counselor to furnish records to or discuss Mr. Vivanco’s compliance in treatment with the
19 Commission.
20 2. Mr. Vivanco shall comply with all Standards for Competent and Ethical Performance
21 of Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020.
22 3. Mr. Vivanco shall provide information as requested by the Commission to verify that
23 he has complied with the conditions of probation, including a statement from a future employing
24 district that he has complied with the Standards for Competent and Ethical Performance of
25 Oregon Educators under OAR Chapter 584, Division 020.
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Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - VIVANCO

1 Violation of the terms of this probation may constitute an independent basis for the
Q Commission to impose discipline, up to and including revocation of Mr. Vivanco’s teaching
3 license subject to Mr. Vivanco’s right to a hearing on the issue of whether he violated probation.
4 IT IS SO ORDERED this fi/day of May, 2003
5 TEACHER STANDARDS AND PRACTICES COMMISSION
6
7 Byc. 2% ééglh é‘ 2
8 lictoria Ch. ain, Execut e Director
9
10 Approved as to for '
11 %
12 \
13 Paul . Ga son OSB# 82264
14 Attorney for Rogelio Rizo Vivanco [040203]
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Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - VlVANCO