1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) LICENSE REVOCATION 6 RUBY JAYNES DUFFNER ) 7 8 On February 1, 2011, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Ruby Jaynes Duffner (Duffner) in which the 10 Commission charged her with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(n), 11 OAR 584-020-0010(5), OAR 584-020-0040(4)(o), OAR 584-020-0035(1)(c)(D), OAR 584-020- 12 0035(1)(c)(A). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt l3 7010 0290 0001 6831 2233 to the address on fiIe with the Commission. The Certified Mail was 14 signed for by Ruby Duffner on February 2, 2011. The regular maiI was not returned to the 15 Commission. The Notice of Opportunity of Hearing, dated February 2, 2011, and signed by 16 Victoria Chamberlain, Executive Director, stated: , 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE 20 CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR 21 AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH 22 MAY INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR 23 OTHER DISCIPLINE." 24 25 Duffner did not request a hearing. The Commission, therefore, finds Duffner to be in default and 26 enters the following findings of fact, conclusions of law and order, based on the files and reoords 27 of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Duffner has been licensed as a teacher in Oregon since May 28, 2003. Duffner’s current 30 Limited Teaching License, issued on September 18, 2009, is valid until September 18, 2012. 31 During all relevant times Duffner was employed by the North Lake School District. 32 2. On January 3, 2010, Duffner informed the North Lake School District that she and a female 33 high school student spent a day in their pajamas watching movies at Duffner’s home. 34 3. Later the same day a student phoned Duffner to discuss his romantic life. Duffner met the 35 student at a gas station. When the student suggested they leave that location to avoid 36 others gossiping about the meeting, Duffner agreed to drive to a secluded hay barn to talk. PAGE 1—DEFAULT ORDER OF LICENSE REVOCATION - DUFFNER, RUBY JAYNES 1 While there Duffner got into the back seat of her car and hugged and consoled the male 2 student. While there Duffner and the student were harassed by an unidentified male driver 3 that circled Duffner’s car and flashed his headlights and sent Duffner harassing text 4 messages and phone calls. Duffner and the male student left the location in Duffner’s car. 5 Returning a short while later Duffner found the male students’ tires deflated. Duffner then 6 called another male student for help in inflating the tires. 7 CONCLUSIONS OF LAW 8 Ruby Jaynes Duffner’s conduct as described in #2 above constitutes gross neglect of 9 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584- 10 020-0010(5) (Use professional judgment); OAR 584-020-0040(o) as it incorporates OAR 584- 11 020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 12 conversations at all times). 13 Duffner’s conduct as described in #3 above constitutes gross neglect of duty in violation 14 of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 15 professional judgment); OAR 584-020-0040(o) as it incorporates OAR 584-020-0035(1)(c)(A) 16 (Not demonstrating or expressing professionally inappropriate interest in a student's personal 17 life) and OAR 584-020-0035(1)(c)(D)(Honoring appropriate adult boundaries with students in 18 conduct and conversations at all times). 19 The Commission's authority to impose discipline in this matter is based upon ORS 20 342.175. 21 FINAL ORDER 22 The Commission hereby gefiwakes the Iicensure of Ruby James Duffner. 23 IT IS SO ORDERED THIS A day of May, 2011. 24 TEACHER STANDARDS AND PRACTICES COMMISSION 25 ~ 28 Victori mber ain, Executive Director 29 30 31 32 NOTICE OF APPEAL OR RIGHTS g: YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 35 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 36 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 37 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION - DUFFNER, RUBY JAYNES CERTIFICATE OF MAILING l hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to: Ruby Jaynes Duffner 9763 SE Talbert St. Clackamas, OR 97015-9682 Dated this /5tl' day of July, 2011. By; wfjfl Cristin dgar Investigative Assistant PAGE 1- CERTIFICATE OF MAILING—DUFFNER, RUBY JAYNES