l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the Educator License of ) DEFAULT ORDER OF 5 SARA LYNN TRIBBEY ) REVOCATION OF EDUCATOR LICENSE 6 7 8 On March 28, 2013, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Sara Lynn Tribbey (Tribbey) in which the 10 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class 1 1 Mail and U.S. Certified Mail Receipt 7011 2000 0001 1282 3237 to the address on file with the 12 Commission. The Notice designated the Commission file as the record for purposes of proving a l3 prima facie case. The Certified Mail was returned to the Commission on May l3, 2013 marked 14 “Unclaimed”. The regular mail was not returned to the Commission. The Notice of Opportunity 15 of Hearing, dated March 28, 2013, and signed by Victoria Chamberlain, Executive Director, 16 stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l8 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 2O IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 21 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 23 DISCIPLINE.” ‘ 24 l 25 Tribbey did not request a hearing. The Commission, therefore, finds Tribbey to be in default and 26 enters the following findings of fact, conclusions of law, and final order, based on the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Sara Lynn Tribbey has been licensed by the Commission since June 6, 2007. Tribbey’s 30 Initial II Teaching License endorsed with Multiple Subjects (MDLVL), English for Speakers 31 of Other Languages (ML/ HS), and Language Arts (HS, ML), was issued February 2, 2011, 32 and expires on February 1, 2014. During all relevant times, Tribbey was employed by the 33 Salem-Keizer School District. 34 2. On August 25, 2011, the Commission received a complaint from the Oregon Youth Authority (OYA) 35 indicating Tribbey may have committed acts which constitute professional misconduct. The OYA 36 complaint indicated Tribbey was engaging in inappropriate written communications with a minor 37 aged, male student inmate (BB), which constituted grooming. An investigation determined that 38 while working at her second job as a relief worker at the Marion County Juvenile Detention Center, PAGE 1-DEFAULT ORDER OF REVOCATION OF LICENSURE - TRIBBEY, SARA LYNN 1 Tribbey met BB and began a relationship. Tribbey knew BB’s brother from her teaching at Stephens 2 Middle School and in violation of policies, shared information and messages between the brothers. 3 BB was moved to the Hillcrest Detention facility and Tribbey attempted to become a “Mentor” to 4 BB. Being a mentor would allow Tribbey special access and visitation to BB. Tribbey attempted to 5 use her status as a teacher t0 become an approved mentor. During this time, Tribbey continued t0 6 _ exchange written correspondence with BB. At times, Tribbey used her school district computer and 7 email, on school time, to further her attempts to secure a mentorship status, and thus further 8 Tribbey’s romantic relationship with BB. Review of this correspondence indicates a romantic 9 relationship between Tribbey and BB. Tribbey’s letters to BB clearly included romantic discussions, 10 sexually suggestive language, and plans for meeting in person once BB is released from custody. 1 I Tribbey admitted in interviews that she had developed a romantic interest and relationship with BB. 12 On February 29, 2012, Tribbey resigned employment with Salem-Keizer School District under a l3 separation agreement. Tribbey was investigated by law enforcement for possible criminal 14 misconduct but was never formally charged with any criminal activity. 15 CONCLUSIONS OF LAW 16 Tribbey’s conduct described in section two (2) above, constitutes gross neglect of duty in 17 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 18 0010(5) (Use professional judgment); OAR 584-020-004o(4)(o) as is incorporates OAR 584- 19 o20-oo35(1)(b)(Refrain from exploiting professional relationships with any student for 20 personal gain, or in support of persons or issues), OAR 584-020-0035(1)(c)(A)(Not 21 demonstrating or expressing professionally inappropriate interest in a student's personal life), 22 OAR 584-020-0035(1)(c)(B) (Not accepting or giving or exchanging romantic or overly 23 personal gifts or notes with a student), OAR 584-020-0o35(1)(c)(D)(Honoring appropriate 24 adult boundaries with students in conduct and conversation at all times); OAR 584-020- 25 0040(4)(b)(Knowing and substantial unauthorized use of employment time or school 26 resources for private purposes); and OAR 584-020-0040(4)(i) (Any sexual conduct with a 27 student). The Commission may rely on the definitions 0f sexual conduct in ORS 339.370(9) and 28 OAR 584-o2o-ooo5(5). 29 Furthermore, the conduct described above demonstrates that Tribbey lacks good moral , 3O character, mental or physical fitness t0 hold a license as required under ORS 342.143(2). 1 31 The Commission’s authority to impose discipline in this matter is based upon ORS 32 342.175. 33 //// 34 //// PAGE 2-DEFAULT ORDER OF REVOCATION OF LICENSURE - TRIBBEY, SARA LYNN l FINAL ORDER _ 2 The Commission hereby revokes Sara Lynn Tn'bbey’s educator license. 3 IT IS so ORDERED THIS 61 Mhay of June, 2013. 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 By: __ 6 Victoria Chamberlain, Executive Director 7 8 9 10 NOTICE OF APPEAL OR RIGHTS 11 l2 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE l3 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF l4 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 15 THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE - TRIBBEY, SARA LYNN 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: Sara Lynn Tribbey 5440 Lark Ct NE Salem, OR 97301-3063 . ,M Dated this 1Q/ day of June, 2013. - i /; I ‘I f By: ‘A? CQ ‘i Patty dell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— TRIBBEY, SARA LYNN I