1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ~ 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) STIPULATION OF FACTS, 5 Teaching License of ) ORDER OF REPRIMAND 6 MELVILLE W. CORWIN ) AND PROBATION 7 ) 8 - 9 On or about March 21, 2001, the Teacher Standards and Practices Commission 1O (Commission) received a report from Lavonne Bush, Superintendent, Neah-Kah-Nie School 11 District indicating that Melville “Corkey” Corwin, a licensed educator, participated in receiving 12 and sending emails over the district email system which were both inappropriate and potentially 13 hurtful to other staff members. 14 Mr. Con/vin fully cooperated with the Commission's investigation and did not contest the 15 allegations. After review of the matters alleged, Mr. Corwin and the Commission agree that 16 their respective interests, together with the public interest, are best served by a stipulation to 17 certain facts, a public reprimand and a one (1) year period of probation. Mr. Corwin 18 understands that the probation will be subject to specific conditions. This Order sets forth the 19 facts upon which the parties have agreed and the sanction to be imposed. In entering into this 20 stipulation, Mr. Corwin waives the right to a hearing to contest the finding of fact, conclusion of 21 law and order set forth below. 22 STIPULATION OF FACTS 23 1. Mr. Corwin holds a Standard Teaching License valid July 19, 2000 through 24 September 12, 2005. The Commission has continually licensed Mr. Corwin since July 1, 1974. 25 There are no prior complaints on file. 26 2. Mr. Corwin is employed by NeaheKah-Nie School District. He began his employment 27 with the District in September of 1984. , -"* T‘ T; 7‘ ‘."1' D 28 / / / H *- ‘J ‘- " " "‘” JUN 1 2 2001 Teachers {iii-.1". it" “3'59 . and Practices Commission Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION 1 3. Beginning in 1999, District-owned computers with email access were present in all . 2 Neah-Kah—Nie Jr/Senior High School classrooms for educator use in connection with assigned 3 responsibilities. 4 4. The District has a clearly defined, acceptable policy that has been in force since 5 January 8, 1996. The District's acceptable use agreement declares that information in email 6 messages is not private to the individual sending or receiving the correspondence; that the 7 District is a public entity and all correspondence is done on public property and on public 8 equipment; and that all correspondence should meet the standards of the District and the 9 School Board 1O 5. Mr. Corwin used his classroom computer to send and receive inappropriate email 11 messages to other staff members in the building using the District's email service. A student 12 intercepted and read an Inappropriate email as a result of his activities. 13 6. Mr. Corwin admits that he should not have used the District computer for sending or .14 receiving inappropriate email messages and has expressed remorse for doing so. 15 7. Mr. Corwin has never denied his actions with the School District or TSPC. He has 16 accepted responsibility and acknowledges his mistake. The District has disciplined Mr. Corwin 17 for his inappropriate use of District equipment. 18 ULTIMATE FINDING 0F FACT 19 Melville Corwin used the computer equipment owned by his employer, Neah-Kah-Nie 20 School District, located on school premises, to send and receive inappropriate email messages. 21 Mr. Corwin was fully aware that sending and receiving inappropriate email messages using ‘ 22 District owned computer equipment was inappropriate and in violation of District policy. i 23 CONCLUSION OF LAW 24 Melville Corwin’s activities constitute gross neglect of duty in violation of OAR 584-020- 25 0040(4)(a) and OAR 584-020-0010(5). .26 This stipulation is contingent upon approval and adoption of the Order by the 27 Commission. If the Commission does not adopt this Order, neither Mr. Corwin nor the Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION 1 Commission are bound by these Stipulations and Mr. Corwin retains all rights to a hearing on . 2 the allegations. 3 IT IS SO STIPULATED: 4 tit ' i 5 [777419 li/ CM t ll [If 6 Melville W. Corwin Date 7 ' , 8 w #Lipw 9 David V. Myton Executive irector Date 10 Teacher Standards and Practices Commission 11 ORDER 12 The Commission imposes a Public Reprimand on Mr. Conn/in. This Stipulation of Facts, 13 Order of Reprimand and Probation constitutes the reprimand. Furthermore, the Commission 14 imposes a one (1) year probation upon Mr. Corwin subject to the condition that Mr. Corwin 15 comply with all Standards for Competent and Ethical Performance under Chapter OAR 584, '16 Division 020. 17 Violation of the terms of this probation may constitute an independent basis for the 18 Commission to impose discipline, up to and including revocation of Mr. Cowvin’s teaching 19 license subject Mr. Corwin’s right to a hearing on the issue of whether he violated probation. 'rv 20 Dated this // day of July 2001 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 . \ l‘ ,,./_A 23 By: _ 24 David V. Myton, Executive Director 25 APPROVED AS TO FORM 26 27 “w I 28 Monica A. Smith OSB 400 i 29 Attorney for Melville W. Corwin ‘ Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION