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1 3b“ \ 3BF§FE&E THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 Ezgféfgififisw“ OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS AND

4 Educator License of ) FINAL ORDER OF

5 MELINDA C. STOUTE ) SURRENDER AND REVOCATION OF

6 ) RIGHT TO APPLY

g On or about January 31, 2014, the Teacher Standards and Practices Commission

9 (Commission) received a report from the Medford School District, indicating that licensed
1O educator. Melinda C. Stoute (Stoute), had committed acts of unprofessional conduct.
1 1 After review of the matters alleged, Stoute and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to certain
13 facts, Stoute’s surrender of her Oregon educator license and the consequent revocation of
14 Stoute’s licensure.
15 By signing below, Stoute acknowledges, understands, stipulates, and agrees to the
16 following: (i) she has been fully advised of her rights to notice and a hearing to contest the
17 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
18 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
19 Order of Surrender and Revocation of License (Stipulation and Final Order); (ii) this Stipulation
20 and Final Order is a public document and disclosed to the public upon request by the
21 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval
22 and adoption by the Commission. If the Commission does not approve and adopt this
23 Stipulation and Final Order, then neither Stoute nor the Commission are bound by the terms
24 herein; (iv) she has fully read this Stipulation and Final Order, and understands it completely;
25 (v) she voluntarily, without any force or duress, enters into this Stipulation and Final Order and
26 consents to issuance and entry of the Stipulated Final Order below; (vi) she states that n0
27 promises or representation has been made to induce her to sign this Stipulation and Final
28 Order; and (vii) she has consulted with an attorney regarding this Stipulation and Final Order

Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SURENDER AND REVOCATION OF RIGHT
TO APPLY- MELINDA C. STOUTE

1 and has been fully advised with regard to her rights thereto, 0r waives any and all rights to
2 consult with an attorney prior t0 entering into this Stipulation and Final Order and issuance and
3 entry of the Stipulated Final Order below.
4 This Order sets forth the facts upon which the parties have agreed and the sanction to be
5 imposed. Stoute stipulates that there are sufficient facts contained in the Commission’s files and
6 records to support the findings of fact and conclusions of law set forth below. In entering into
7 this stipulation, Stoute waives the right to a hearing to contest the findings of fact, conclusions
8 of law and order set forth below.
9 STIPULATION OF FACTS
1O 1. The Commission has licensed Stoute since August 10, 2001. Stoute held a Continuing
1 1 Teaching License, with an endorsement in Multiple Subjects Self-Contained (ECE, ELE),
12 that was valid May 18, 2010, through May 17, 2015. During all relevant times, Stoute was
1 3 employed by the Medford School District.
14 2. On January 31, 2014, the Commission received a report from the Medford School
15 District alleging Stoute had violated professional standards, specifically, teacher /
16 student boundaries. Subsequent district, law enforcement, and Commission
17 investigations determined the following:
18 a. In April, 2012, Stoute was investigated by the school district regarding student /
1 9 teacher boundaries. The allegations included that Stoute employed favoritism,
2O and inappropriate physical contact (hugs, hand holding and forehead kisses) to
21 certain male students, most often involving student (CM).
22 b. On November 5, 2013, CM’s mother reported to the school principal that she had
23 discovered inappropriate text messages on her son’s cell phone from Stoute. CM
24 was an eighth grade male student who had been Stoute’s student while in the
25 sixth grade. While CM was Stoute’s student, Stoute shared her personal cell
26 phone number with CM. Stoute began sending CM text messages while he was a
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SURENDER AND REVOCATION OF RIGHT
TO APPLY- MELINDA C. STOUTE

1 still a student in Stoute’s sixth grade classroom. At some point during the spring
2 of 2013, Stoute began regularly sending text messages t0 CM.
3 c. Stoute would text CM about his baseball schedule, wish him “Good luck” and
4 sometimes attended CM’s baseball games.
l 5 d. Stoute sent CM multiple inappropriate text messages, these included innuendos,
I 6 flirting, and boundaries issues.
I 7 e. When questioned, Stoute stated that she was attracted to CM “but not like that”.
. 8 Stoute explained that she didn’t know why she had been texting CM, but Stoute
I 9 enjoyed the attention she received from CM. Stoute told law enforcement that she
1O realized her text messages to CM were inappropriate.
i 1 1 IT IS SO STIPULATED:
12 ‘TY; ‘A rOC7'?//1 WIT 8' E F
13 Meli a . Stoute _ Date
.4 m use“?
15 ictoria Cha lain, Executive Director Date
16 Teacher Standards and Practices Commission
17 CONCLUSION OF LAW
18 Melinda C. Stoute engaged in unprofessional conduct as described in section two (2)
19 above. This conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR
20 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment),
21 OAR 584-020-0025(2)(e)( Using district lawful and reasonable rules and regulations); OAR
22 584-020-oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(b)(Refrain from exploiting
23 relationships with any student for personal gain, 0r in support of persons or issues), OAR 584-
24 020—0035(1)(c)(A) (Not demonstrating 0r expressing professionally inappropriate interest in a
j 25 student’s personal life), OAR 584-020-0035(1)(c)(B) (Not accepting or giving 0r exchanging
I 26 romantic or overly personal gifts 0r notes with a student); and OAR 584-020-0035(1)(c)(D)
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SURENDER AND REVOCATION OF RIGHT
TO APPLY- MELINDA C. STOUTE

1 (Honoring appropriate adult boundaries with students in conduct and conversations at all
2 times).
3 The Commission’s authority t0 impose discipline in this matter is based upon ORS
4 342-175-
5 ORDER
6 The Commission adopts the above Stipulation of Facts and Final Order and accepts
7 Melinda C. Stoute’s surrender of her Oregon educator license and subsequently revokes Stoute’s
8 right t0 apply for liccnsure based upon the conduct described above.
9 a
10 IT IS so ORDERED this ‘02L (MEMZOQ.
1 1 TEACHER STAN DAR AND PRAC ICES COMMISSION
12 Z % Z ,
1 3 By: m)
14 Victoria Chamb a n, Executive Director
Page 4 STIPULATION OF FACTS AND FINAL ORDER OF SURENDER AND REVOCATION OF RIGHT
TO APPLY- MELINDA C. STOUTE

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Surrender and
Revocation Of Right t0 Apply, certified by me as such, by mailing U.S. First Class Mail and U.S.
Certified Mail - Return Receipt Requested. addressed to:
t Melinda C. Stoute
l 15 Ponderosa Way
Eagle Point, OR 97524-9606
DATED this NC: day of February, 2016.
By:
P Sheldon
Investigative Assistant
Certificate of Mailing _ Melinda C. Stoute
Data Classification Level: l i Published
DO: Sheldon