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 SUSPENSION OF
5 ANA I. MUNOZ ) RIGHT TO APPLY FOR LICENSE
6 On or about July 26, 2007, the Teacher Standards and Practices Commission
7 (Commission) received a report indicating that Ms. Mur'ioz may have engaged in conduct
8 constituting gross neglect ofduty.
9 The Commission charged Ms. Mufioz with gross neglect of duty and issued a Notice of
10 Opportunity for Hearing on August 14, 2009. After review of the matters alleged, Ms. Mur'toz
11 and the Commission agree that their respective interests, together with the public interest, are
12 best served by a stipulation to certain facts, and the imposition of a three-month suspension of
13 the right to apply for license from the Commission.
I 14 By signing below, Ms. Mufioz acknowledges, understands, stipulates, and agrees to the
15 following: (i) she has been fully advised of her rights to notice and a hearing to contest the
16 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
17 such rights and any rights to appeal or othenrvise challenge this Stipulation of Facts and Final
18 Order of Suspension of Right to Apply(Stipulation and Final Order); (ii) this Stipulation and Final
19 Order is a public document and disclosed to the public upon request by the Commission;
20 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by
21 the Commission. If the Commission does not approve and adopt this Stipulation and Final
22 Order, then neither Ms. Munoz nor the Commission are bound by the terms herein; (iv) she has
23 fully read this Stipulation and Final Order, and understands it completely; (v) she voluntarily,
24 without any force or duress, enters into this Stipulation and Final Order and consents to
25 issuance and entry of the Stipulated Final Order below; (vi) she states that no promises or
26 representation has been made to induce her to sign this Stipulation and Final Order; and (vii) t
27 she has consulted with an attorney regarding this Stipulation and Final Order and has been fully ‘
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1 advised with regard to her rights thereto, or waives any and all rights to consult with an attorney
2 prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated
3 Final Order below. This Order sets forth the facts upon which the parties have agreed and the
4 sanction to be imposed. In entering into this stipulation, Ms. Mufioz waives the right to a
5 hearing to contest the findings of fact, conclusions of law and order set forth below.
6 .STIPULATION OF FACTS
7 1. Ms. Mufioz was licensed by the Commission on August 12, 2005. Ms. Munoz held a
8 Restricted Transitional License that expired on August 12, 2008. The Restricted
9 Transitional License was limited to use with the Central School District and was not
1 0 renewable.
11 2. During the 2006-2007 school year, while working at Central High School, Ms. Mur'toz did not
12 secure the district-issued computers or passwords. As a result, students were able to gain
1 3 access to inappropriate websites.
14 3. During the 2006-2007 school year while working at the Central High School, Ms. Mufioz
15 maintained an inappropriate level of interaction with male student JC. The interaction
16 included numerous messages through MySpacecom, which included clip-art images of a
17 suggestive nature.
18 4. In April 2007, Ms. Mufioz obtained $500 in Polk County SIT Team funds for a MEChA
19 overnight retreat, which she used to reserve a rental house in Lincoln City, Oregon. Ms.
20 Mur'toz represented to the SIT Team that the retreat was for a school sponsored activity.
21 The SIT Team transmitted the funds to a rental agency to reserve a rental house in Lincoln
22 City, Oregon. Ms. Munoz planned the retreat without first pursuing the appropriate school
23 approval process. Reservation and access information to the house was provided directly to
24 Ms. Mur'toz, who provided the information to a student leader. Subsequently, Ms. Munoz
25 was placed on leave and had no further dealings with students or administration with regard I
26 to the proposed retreat. However, without Ms. Mur'ioz’s knowledge, several students went
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1 to the beach house the day of the retreat. They were removed by the property manager for
2 lack of adult supervision and placed in a hotel until arrangements were made to have them
3 picked up.
4
5 IT IS SO STIPULATED AND/AGREED TO:
6 q‘: . “a. 5312719019
7 Ana l. fioz I Da I
I t
s My! / - é/Lr/D
10 'ctoria Chamb.‘v ecutive Director Date
11 Teacher ta ars and Practices Commission
12 CONCLUSIONS OF LAW
13 1. By engaging in the conduct outlined in paragraph 2, Ms. Munoz engaged in gross neglect of
14 duty pursuant to ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
15 02040025(2)(a)(Establishing and maintaining classroom management that is conducive to
' 16 learning) and OAR 584-020-0025(2)(b)(Using and maintaining district property, equipment,
~ 17 and materials appropriately).
' 18 2. By engaging in the conduct outlined in paragraph 3, Ms. Munoz engaged in gross neglect of
19 duty pursuant to ORS 342.175(1)(b); OAR 584-020-0040(4)(o) as it incorporates OAR 584-
20 020-0035(1)(c)(A)(Maintain an appropriate professional student_teacher relationship by not
21 demonstrating or expressing professionally inappropriate interest in a student's personal
22 life).
23 3. By engaging in the conduct outlined in paragraph 4, Ms. Mufioz engaged in gross neglect of
24 duty pursuant to ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
25 020-0025(2)(d)(Using district and school business and financial procedures); OAR 584-020-
26 0025(2)(e)(Using district lawful and reasonable rules and regulations) and OAR 584-020-
27 0010(5)(Professiona| Judgment).
28 4. The Commission has the authority to impose discipline in this matter under ORS 342.120
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1 through 342.430 and OAR Chapter 584.
2
3 FINAL ORDER
4 The Commission adopts and incorporates herein the above findings of fact,
5 conclusions of law, and based thereon, suspends the right to apply for a license for three
6 months to Ana l. Mufioz from the dgae of this order.
7 Issued and dated this Z clay May, 2010.
8 TEACHER STANDARDS AND PRACTICES COMMISSION
9 STATE O - EGON
/
1° W’ I *
11 By £11711‘; .lz/Uaué.“
12 ' ictoria Chamb foecutive Director
13 Ap d as to f :
14 Ms
15 Adam Arms, OSB # 010186
16 Attorney for Ana l. Mufioz
17
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