. BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the Teaching License of )
) STIPULATION AND ORDER OF
SCOTT NELSON ) SUSPENSION
)
On or about May 19, 2000, the Teacher Standards and Practices Commission
(Commission) notified Scott Nelson that a report had been filed alleging that he misused his
school computer to access sexually explicit material over the Internet. The complaint was filed
by Jim Moskal, the Superintendent of the Jefferson School District.
Mr. Nelson fully cooperated with the Commission’s investigation and did not contest the
allegation. After review of the matters alleged, Mr. Nelson and the Commission have agreed that
. their respective interests, together with the public interest. are best served by a stipulation to
certain facts, the imposition of a 90-day suspension, followed by a period of probation of two (2)
years. This Order sets forth the facts upon which the parties have agreed and the sanctions to be
imposed. In entering into this stipulation, Mr. Nelson waives his right to a hearing to contest the
findings of fact, conclusions of law, and order set forth below.
FINDINGS OF FACT
1. Mr. Nelson holds an Oregon Teaching License. He was employed by the
Jefferson School District as a teacher at Jefferson High School from approximately September
1998 until April 14, 2000, when he resigned from the District. This was Mr. Nelson’s first
teaching position after completing his teachers’ education program and his second year in this l
District. He had an excellent record with the District. As a music teacher, he was responsible for
‘ leading several ensembles to award-winning status at various competitions. His school concert
Page 1 - STIPULATION AND ORDER OF SUSPENSION

’ performances received high praise from administrators, fellow staff, and parents. It was Widely
acknowledged that in his year-and-a half with the District, Mr. Nelson made significant strides in
improving the quality of the instrumental program. He was an active and eager participant on the
Site Council. He was recognized in performance evaluations for his dedication, enthusiasm, and
commitment. He volunteered to assist the track and golf team coaches on his own time and
served as the prom advisor on a voluntary basis.

2. During the 1999-2000 school year, a District-owned computer with Internet
access was placed in Mr. Nelson’s classroom for his use in connection with his assigned
responsibilities.

3. Mr. Nelson used his classroom computer to access sexually explicit material
through the Internet in violation of District policy regarding Internet use. No students were

. present at the times Mr. Nelson viewed these materials on the computer, nor was there any risk of
students viewing the inappropriate material. He viewed the material only during non-student
contact hours on his own time. He believed his actions were private, but realizes that he should
not have used the computer for viewing sexually explicit materials and has expressed remorse for
doing so.

4, Mr. Nelson has never denied his actions with the School District or TSPC, but has
instead accepted responsibility and acknowledged his mistake. On his own initiative,
immediately following his resignation, Mr. Nelson sought counseling.

ULTIMATE FINDINGS OF FACT
Scott Nelson used computer equipment owned by his employing school district and
located on school premises to access sexually explicit materials. Although Mr. Nelson believed
. that his conduct was private. the materials were viewed on his own time, and no students were
Page 2 - STIPULATION AND ORDER OF SUSPENSION
l

' present or put at risk of viewing the materials, he should have known that accessing such
materials at the workplace with a District-owned computer was inappropriate. Mr. Nelson enters
into this Stipulation of Facts with the knowledge that the Commission will suspend his Oregon
Teaching License for 90 days conunencing on July 1, 2000, and that following reinstatement of
the license Mr. Nelson shall be placed on probation for a period of two years.

CONCLUSION OF LAW
Scott Nelson’s activities constituted gross neglect of duty in violation of OAR 584-020-
0040(4)(a).
This stipulation is contingent upon approval and adoption of the Order by the
Commission. If the Commission does not adopt this Order, neither Mr. Nelson nor the
Commission are bound by these stipulations and Mr. Nelson retains all rights to a hearing on the
. allegations.
IT IS SO STIPULATED
L122 [24 2 6493/45!)
Scott Nelson Date
20% ZQKW/ M501”
David V. Myton, Executive Director Date
Teacher Standards and Practices Commission
ORDER
The Oregon Teaching License of Scott Nelson is suspended for a period of 90 days from
July 1, 2000. At the end of this suspension period, Mr. Nelson’s teaching license will be
. reinstated upon application and a showing by Mr. Nelson that he has undergone an evaluation at
Page 3 - STIPULATION AND ORDER OF SUSPENSION

. his own expense by a psychotherapist or other medical or mental heaIth professional acceptable
to the Commission, and the evaluator submits a written statement to the Commission attesting
(1) Mr. Nelson is fit to work with children and teenagers and (2) there is a high probability that
he will not use School District equipment to access sexually explicit materials or engage in
similar inappropriate behavior. The Commission agrees that Mr. Nelson’s current counselor,
David Bird, Ph.D., would be an acceptable professional for the purposes of this Order.

Following the reinstatement of his teaching license, Mr. Nelson shall be placed on
probation by the Commission for a period of two years subject to the following conditions.

1. Mr. Nelson shall substantially comply with any treatment or counseling as
recommended by the individual who completed the evaluation described above. Mr. Nelson
shall authorize and sign a narrowly-tailored consent fomi as necessary for the treatment provider

. or counselor to furnish records to the Commission for the strict purpose of verifying the items
required by this Order.

2. Mr. Nelson shall comply with all Standards for Competent and Ethical
Performance under OAR 584, Division 020.

3. Mr. Nelson shall provide to the Commission such information as the Commission
requests to verify that he has complied with the conditions of probation, including a statement
from his employing district that he has complied with the Standards of Competent and Ethical
Performance of Oregon Educators under OAR 584, Division 020.

Violation of the terms of this probation may constitute an independent basis for the
Commission to impose discipline, up to and including revocation of Mr. Nelson’s Teaching
/ / /

. ///
Page 4 - STIPULATION AND ORDER OF SUSPENSION

' License and subject to Mr. Nelson’s right to a hearing on thc issue of whether he violated
probation.
41A
DATED this / Z day ofiiéaooo
TEACHER STANDARDS AND PRACTICES COMMISSION
By: %d 2 w i
David V. Myron, Executive Director
G \OEA\UEA LDP 5407640771934 Nelson\TSPC Order wpd
Page 5 - STIPULATION AND ORDER OF SUSPENSION