1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS AND

4 Teaching License of ) FINAL ORDER OF REPRIMAND

5 SUSAN MERWIN ROEBBER )

g On or about May 8, 2010, the Teacher Standards and Practices Commission

8 (Commission) received a report from the Lincoln County School District indicating that

9 Susan Merwin Roebber (Roebber), failed to report possible child abuse (child on child),
1 O including sexual harassment, sex abuse, and assault allegations.
1 1 After review of the matters alleged, Roebber and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to
13 certain facts and the imposition of a Public Reprimand on Roebber’s Standard Teaching
14 License.
15 By signing below, Roebber acknowledges, understands, stipulates, and agrees to
16 the following: (i) she has been fully advised of her rights to notice and a hearing to
17 contest the findings of fact, conclusions of law, and order set forth below, and fully and
18 finally waives all such rights and any rights to appeal 0r otherwise challenge this
19 Stipulation of Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this
20 Stipulation and Final Order is a public document and disclosed to the public upon
21 request to the Commission; (iii) this Stipulation and Final Order is contingent upon and
22 subject to approval and adoption by the Commission. If the Commission does not
23 approve and adopt this Stipulation and Final Order, then neither Roebber nor the
24 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and
25 Final Order, and understands it completely; (v) she voluntarily, without any force or
26 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
27 the Stipulated Final Order below; (vi) she states that no promise or representation has
28 been made to induce her to sign this Stipulation and Final Order; and (vii) she has
29 consulted with an attorney regarding this Stipulation and Final Order and has been fully

Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND — ROEBBER, SUSAN MERWIN

1 advised with regard to her rights thereto, or waives any and all rights to consult with an
2 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
3 the Stipulated Final Order below.
4 STIPULATION OF FACTS
5 1. Susan M. Roebber has been licensed as a teacher in Oregon since August 19, 1993.
6 Roebber’s current Standard Teaching License, with Standard Elementary, Basic
7 ESOL, is valid June 5, 2008, through June 4, 2013. Roebber also held an Initial
8 Administrator License, issued January 17, 2007, which expired on June 4, 2010.
9 During all relevant times, Roebber was employed by the Lincoln County School
1 0 District.
1 1 2. On May 5, 2010, the Commission received a report from the Lincoln County School
12 District indicating that Roebber may have failed to make a mandatory report of child
1 3 abuse.
14 3. During the relevant events Roebber was employed as an ESOL teacher for the
15 Lincoln County School District. In that position Roebber had contact with ESOL-
16 ESL students for approximately 30 minutes each day.
17 4. Roebber also handled some administrative issues as designated “Teacher-in-Charge”
18 serving in the absence of school administrators. During this time Roebber held an
19 Initial Administrator License.
20 5. The family of six year old male student in the ESOL-ESL program, a recent
21 immigrant who spoke little to no English, disclosed to school officials, including
22 Roebber that the child was having problems at home, specifically bed wetting, and
23 had been allowed to use diapers until the age of five.
24 6. As additional behavior issues arose with the male student, Roebber was often
25 involved because of her language skills.
26 7. Another teacher expressed concerns to Roebber about the student’s behavior. These
27 concerns included the bed wetting issue, intentional urination 0n the bathroom floor,
28 inappropriate touching of other students, and kissing or attempting to kiss other
29 students.
3O 8. Although Roebber had not observed these behavioral problems in her own class,
31 where she had the student for thirty minutes each day, she discussed with the other
32 teacher watch out for these behavioral problems.
Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND — ROEBBER, SUSAN MERWIN

1 9. Roebber was also familiar with student discipline issues when acting as “Teacher-in-

2 Charge” and was asked to translate conversations between the involved student when

3 he was disciplined or spoken with about his behavior.

4 10. Through her “Teacher-in-Charge” role Roebber became aware of an incident where

5 the male student exposed his penis to another student on the school bus. Roebber

6 also had contact with the parent of the student who experienced viewing the

7 exposure.

8 11. Roebber believed the bus exposure incident had been reported by the school’s

9 principal and had been addressed, but did not verify whether a report was made.
10 12. The behavioral issues led to a meeting with the student’s family, school
1 1 administration, the school nurse, councilor, and foreign language teaching aide.
12 Roebber was not in charge of the meeting, but handled the majority of the translation
13 during the meeting; others at the meeting reported that they were unable to follow
14 because the majority of the meeting was not in English.
15 13. Following this meeting the assembled educators began to devise a plan to deal with
16 the behavior issues including adjusting the seating chart, directly supervising recess,
17 monitoring bathroom procedures and increased monitoring of the male student.
18 None of the involved educators reported these behaviors to DHS or law enforcement.
19 14. Roebber was later investigated by police for failure to report child abuse. Roebber
20 plead no contest to, and was convicted of, failing to report child abuse, and fined
21 $500.
22 15. The involved student was later professionally evaluated by police and the Oregon
23 Department of Human Services. Neither agency was able to determine whether the
24 student was in fact a victim of abuse.
25 16. Roebber explained to TSPC investigators that at the time neither she nor the other
26 involved educators realized that the students behavior also indicated warning signs
27 of abuse and required a mandatory child abuse report.
28 17. Roebber explained that, looking back on the situation, she realized how she failed to
29 recognize the total seriousness of the student's behavior.
30 IT IS SO STIPULATED:
31 ' . w 7 '
32 _ 4.4’, - .__. A *LLZM
33 Susa T . I’ ebber / Date
3’; Mam //L.,/11.L’1.M 4.234%[4 t
36 1icoria Cha u - . in, Executive Director Date
37 Teacher Sta u ards . ' d Practices Commission

Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND — ROEBBER, SUSAN MERWIN

1 CONCLUSION 0F LAW
2 Susan M. Roebber’s conduct constitutes gross neglect of duty in violation of ORS
3 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use of
4 professional judgment); OAR 584-020-0040(4)(s) (Failing to report child abuse pursuant t0
5 ORS 4193.010); and OAR 584-o2o-oo4o(5)(c) (Conviction of violating any federal, state, or
6 local law. A conviction includes any final judgment of conviction by a court whether as the
7 result of guilty plea, n0 contest plea 0r any other means.)
8 The Commission’s authority to impose discipline in this matter is based upon ORS
9 342.175.
1 0 ORDER
1 1 The Commission adopts and incorporates herein the above findings of fact and
12 conclusions of law, and based thereon, imposes a Public Reprimand on Susan M.
1 3 Roebber’s Standard Teaching License.
14 Issued and dated this All’ of February, 2012.
15 TEACHER STANDARDS AND PRACTICES COMMISSION
16 STATE OF GON
18 By
19 Vic oria Cham l ' , ecu ' e Director
Page 4 STIPULATION OF FACTS AND ORDER OF REPRIMAND — ROEBBER, SUSAN MERWIN