l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 ) REVOCATION OF RIGHT TO APPLY 6 NELLIE HRISTOVA MCLEAN ) FOR AN EDUCATOR LICENSE 7 8 9 On September 12, 2012, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Nellie Hristova McLean i 11 (McLean) in which the Commission charged her with Gross Neglect of Duty. The Notice was l 12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0295 to 13 the address on file with the Commission. The Notice designated the Commission file as the 14 record for purposes of proving a prima facie case. The Certified Mail receipt was returned, 15 signed by Ms. McLean, to the Commission on September 26, 2012. The regular mail was not 16 returned to the Commission. The Notice of Opportunity of Hearing, dated September 12, 17 2012, and signed by Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 On October 3, 2012, McLean requested a hearing. On April 12, 2013, the Commission filed a 27 hearing request with the Office of Administrative Hearings. On May 31, 2013, parties 28 participated in a prehearing conference. McLean was provided discovery materials. A 29 contested case hearing was set for September 13, 2013, at 9:00 a.m. at the OAH office in 30 Tualatin Oregon. Ms. McLean failed to appear at this hearing. 31 Based on Ms. McLean’s failure to appear at the hearing, the Commission finds her in default 32 and enters the following order based on the records and files of the Commission in this 33 matter. 34 35 FINDINGS OF FACT 36 1. Nellie Hristova McLean has been licensed as a teacher in Oregon since August 31, 2006. 37 McLean’s Initial II Teaching License, with endorsements in ESOL (ML/ HS), Language ‘ 1 PAGE 1-DEFAULT ORDER OF REVOCATION OF LICENSURE- MCLEAN, NELLIE HRISTOVA 1 Arts (HS) and Special Education (ML/ HS), was issued on December 3, 2009, and 2 expired on December 2, 2012. McLean did not make application for renewal. During all 3 relevant times, McLean was employed by the Myrtle Point School District. 4 5 2. On March 10, 2011, two of McLean’s teaching assistants reported to the school Principal ' 6 that McLean was demonstrating unethical behaviors in the classroom. An investigation 7 was conducted and determined that McLean provided students with answers to tests, 8 inappropriately allowed students to take tests in groups, and on several occasions, 9 McLean improperly helped students draft essays and/ or wrote portions of the student’s 10 essay or report herself. On one occasion, McLean directed one of her teaching assistants 11 to write an essay/ report for a student, which the assistant refused to do. During an 12 interview with a TSPC investigator, McLean stated, “I can’t deny it, I did help my kids on l 13 their test and I regret doing that. I had to help them because they lacked motivation; 1 14 they would have preferred t0 drop out than learn. I did, I gave them the answers. I l 15 acted on emotions then rationalization”. p l6 17 3. On September 13, 2013, a contested case hearing on the matter was convened. Ms. 18 McLean failed to appear. She received notice of the hearing from the Office of l9 Administrative Hearings, and from the Department of Justice when exhibits were 20 submitted. 21 CONCLUSIONS OF LAW 22 McLean’s conduct described in section two (2) constitutes gross neglect of duty in 23 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584'020- 24 0010(5) (Use professional judgment), OAR 584-020-0015(2)(e) (Skill in the selection and 25 use 0f teaching techniques conducive to student learning), OAR 584-020-0025(2)(e) 26 (Using district lawful and reasonable rules and regulations); and OAR 584-020- 27 0040(4)(o) as it incorporates OAR 584-020-0035(3)(a) (Maintain the dignity of the 28 profession by respecting and obeying the law, exemplifying personal integrity and 29 honesty). 30 31 The Commission's authority to impose discipline in this matter is based upon ORS 342.175. PAGE 2-DEFAULT ORDER 0F REVOCATION OF LICENSURE— MCLEAN, NELLIE HRISTOVA 1 FINAL ORDER 2 The Commission hereby revokes Nellie Hristova McLean’s Right to Apply for an 3 Educator license. 4 IT IS SO ORDERED THIS [Q *kday of September, 2013. 5 TEACHER STANDARDS AND PRACTICES COMMISSION l l . . 1 l l g M l . 6 By: l 1 7 Victoria Chamberlain, Executive Director ‘ ‘ 8 l l 9 NOTICE OF APPEAL OR RIGHTS l 10 1 1 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 12 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 13 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE I 14 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE- MCLEAN, NELLIE HRISTOVA CERTIFICATE OF MAILING I 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: Nellie McLean 2769 Elk Lane Grants Pass, OR 97527-9114 Dated this t i i4 day of September, 2013. By: % giMél" Patty de l Investigative Assistant PAGE 1- CERTIFICATE OF MAlLING- MCLEAN, NELLIE HRISTOVA 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 ) REVOCATION OF RIGHT TO APPLY 6 NELLIE HRISTOVA MCLEAN ) FOR AN EDUCATOR LICENSE 7 8 9 On September 12, 2012, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Nellie Hristova McLean i 11 (McLean) in which the Commission charged her with Gross Neglect of Duty. The Notice was l 12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0295 to 13 the address on file with the Commission. The Notice designated the Commission file as the 14 record for purposes of proving a prima facie case. The Certified Mail receipt was returned, 15 signed by Ms. McLean, to the Commission on September 26, 2012. The regular mail was not 16 returned to the Commission. The Notice of Opportunity of Hearing, dated September 12, 17 2012, and signed by Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 On October 3, 2012, McLean requested a hearing. On April 12, 2013, the Commission filed a 27 hearing request with the Office of Administrative Hearings. On May 31, 2013, parties 28 participated in a prehearing conference. McLean was provided discovery materials. A 29 contested case hearing was set for September 13, 2013, at 9:00 a.m. at the OAH office in 30 Tualatin Oregon. Ms. McLean failed to appear at this hearing. 31 Based on Ms. McLean’s failure to appear at the hearing, the Commission finds her in default 32 and enters the following order based on the records and files of the Commission in this 33 matter. 34 35 FINDINGS OF FACT 36 1. Nellie Hristova McLean has been licensed as a teacher in Oregon since August 31, 2006. 37 McLean’s Initial II Teaching License, with endorsements in ESOL (ML/ HS), Language ‘ 1 PAGE 1-DEFAULT ORDER OF REVOCATION OF LICENSURE- MCLEAN, NELLIE HRISTOVA 1 Arts (HS) and Special Education (ML/ HS), was issued on December 3, 2009, and 2 expired on December 2, 2012. McLean did not make application for renewal. During all 3 relevant times, McLean was employed by the Myrtle Point School District. 4 5 2. On March 10, 2011, two of McLean’s teaching assistants reported to the school Principal ' 6 that McLean was demonstrating unethical behaviors in the classroom. An investigation 7 was conducted and determined that McLean provided students with answers to tests, 8 inappropriately allowed students to take tests in groups, and on several occasions, 9 McLean improperly helped students draft essays and/ or wrote portions of the student’s 10 essay or report herself. On one occasion, McLean directed one of her teaching assistants 11 to write an essay/ report for a student, which the assistant refused to do. During an 12 interview with a TSPC investigator, McLean stated, “I can’t deny it, I did help my kids on l 13 their test and I regret doing that. I had to help them because they lacked motivation; 1 14 they would have preferred to drop out than learn. I did, I gave them the answers. I l 15 acted on emotions then rationalization”. p 16 17 3. On September 13, 2013, a contested case hearing on the matter was convened. Ms. 18 McLean failed to appear. She received notice of the hearing from the Office of l9 Administrative Hearings, and from the Department of Justice when exhibits were 20 submitted. 21 CONCLUSIONS OF LAW 22 McLean’s conduct described in section two (2) constitutes gross neglect of duty in 23 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584'020- 24 0010(5) (Use professional judgment), OAR 584-020-0015(2)(e) (Skill in the selection and 25 use of teaching techniques conducive to student learning), OAR 584-020-0025(2)(e) 26 (Using district lawful and reasonable rules and regulations); and OAR 584-020- 27 0040(4)(o) as it incorporates OAR 584-020-0035(3)(a) (Maintain the dignity of the 28 profession by respecting and obeying the law, exemplifying personal integrity and 29 honesty). 30 31 The Commission's authority to impose discipline in this matter is based upon ORS 342.175. PAGE 2-DEFAULT ORDER OF REVOCATION OF LICENSURE— MCLEAN, NELLIE HRISTOVA 1 FINAL ORDER 2 The Commission hereby revokes Nellie Hristova McLean’s Right to Apply for an 3 Educator license. 4 IT IS SO ORDERED THIS [Q *kday of September, 2013. 5 TEACHER STANDARDS AND PRACTICES COMMISSION l l . . 1 l l g M l . 6 By: l 1 7 Victoria Chamberlain, Executive Director ‘ ‘ 8 l l 9 NOTICE OF APPEAL OR RIGHTS l 10 1 1 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 12 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 13 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE I 14 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE- MCLEAN, NELLIE HRISTOVA CERTIFICATE OF MAILING I 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: Nellie McLean 2769 Elk Lane Grants Pass, OR 97527-9114 Dated this t i I4 day of September, 2013. By: % VEZMQI Patty de l Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- MCLEAN, NELLIE HRISTOVA