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 Educator License of ) FINAL ORDER OF SUSPENSION 5 ARELYS ADRIANA THOMPSON ) AND PROBATION 6 On or about April 18, 2012, the Teacher Standards and Practices Commission (Commission) 7 received a report from the Beaverton School District alleging that Arelys Adriana Thompson 8 (Thompson) had violated Professional Standards and Practices. 9 After review of the matters alleged, Thompson and the Commission agree that their respective 1 O interests, together with the public interest, are best served by a stipulation to certain facts, the 1 1 imposition of a thirty (30) day suspension of educator license, and a two (2) year period of probation. 12 This document sets forth the facts upon which the parties have agreed and the stipulated 13 sanction to be imposed. Thompson stipulates that there is sufficient evidence in the Commission’s 14 files and records t0 support the findings of fact, conclusions 0f law, and order set forth below. 15 By signing below, Thompson 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 findings of 1 7 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 18 rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and 19 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and 20 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 21 contingent upon and subject to approval and adoption by the Commission. If the Commission does 22 not approve and adopt this Stipulation and Final Order, then neither Thompson nor the Commission 23 are bound by the terms herein; (iv) she has fully read this Stipulation and Final Order, and 24 understands it completely; (v) she voluntarily, without any force or duress, enters into this Stipulation 25 and Final Order and consents to issuance and entry of the Stipulated Final Order below; (vi) she states 26 that no promises or representation has been made to induce her to sign this Stipulation and Final 27 Order; and (vii) she has consulted with an attorney regarding this Stipulation and Final Order and has 28 been fully advised with regard to her rights thereto, or waives any and all rights to consult with an Page 1 STIPULATION OF FACTS, 3O DAY SUSPENSION- ARELYS ADRIANA THOMPSON 1 attorney prior to entering into this Stipulation and Final Order and issuance and entry of the 2 Stipulated Final Order below. 3 STIPULATION OF FACTS 4 1) Thompson has been licensed as an Educator in Oregon since September 13, 2007. Thompson 5 holds an Initial II Teaching License, with endorsements in ESOL (ML/ HS, ECE/ELE), and 6 Language Arts (HS); valid October 11, 2012, thru July 5, 2014. Thompson made timely application 7 for renewal and the expiration of Thompson’s license was set to “expiration pending” until a final 8 order has been issued. Thompson also holds a License for Conditional Assignment, with 9 endorsements in Language Arts (ML) and Middle School Social Studies (ML) valid from October 1O 11, 2012, through October 11, 2015. During all relevant times, Thompson was employed by the 1 1 Beaverton School District as a substitute teacher. 12 2) On or about March 23, 2012, Thompson cut a second grade student’s (AA) hair without permission 13 or consultation with a parent or guardian. The student reported being traumatized by Thompson’s 14 actions, and the student’s parents were so upset they filed criminal Harassment charges against 15 Thompson. The criminal charges were later dismissed. 16 3) On March 23, 2012 Thompson provided Beaverton School District Administrator Will Flores, in 17 the presence of Student Supervisor Karen Harger, verbal statements regarding the hair cutting 18 incident. During this interview, Thompson explained, amongst other things, that she brokered a 19 deal with student AA, whose long bangs were becoming a distraction during reading time. 20 Thompson would allow AA to have a stuffed animal (bear) if she would allow Thompson to cut her 21 hair. Thompson told Flores that later, AA gave Thompson a note that said she did not feel well and 22 did not like her hair now. Thompson reported that she told AA, “Remember we made a deal?" AA 23 became upset and Thompson went to the school office to request AA’s parents contact information 24 so Thompson could contact them and discuss the matter. 25 On July 30, 2013, Thompson met with and was interviewed by Commission Investigator Edgar. 26 During this recorded interview, Thompson denied ever making such a deal with AA, as described 27 by Flores. Thompson told Edgar that AA had approached Thompson and asked “If I let you cut my Page 2 STIPULATION OF FACTS, 30 DAY SUSPENSION- ARELYS ADRIANA THOMPSON 1 bangs would you let me show (and tell) my bear?” AA then handed Thompson a pair of scissors 2 and said “Here, cut my hair.” Thompson informed Edgar that AA never expressed being upset 3 about having her hair cut. When confronted by Edgar with the discrepancies between Thompson’s 4 two versions of the incident, Thompson denied the version the school had provided and reasserted 5 that she never brokered any deal with AA. 6 7 IT I O STIPU TED: 1 8 .. / / $2,, A M 9/ Are {til iana l ompson ' ' Date 10 Lam/7}!” ,1 (11. .. /. 1-11 M 1 1 Victoria Cham rlain, Executive Director Date 12 Teacher Standards and Practices Commission 13 CONCLUSIONS OF LAW 14 Arelys Adriana Thompson’s conduct described in sections two above constitutes gross neglect 15 of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 16 0010(1) (Recognize the worth and dignity of all persons and respect for each individual), OAR 584- 17 020-oo1o(5) (Use professional judgment), OAR 584-o2o-oo3o(2)(b) (The competent teacher 18 demonstrates: Skill in communicating with administrators, students, stafl, parents, and other 19 patrons); and OAR 584-020-004o(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring 20 appropriate adult boundaries with students in conduct and conversations at all times). 21 Arelys Adriana Thompson’s conduct described in section three above constitutes gross neglect 22 of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it OAR 584-020-0010(5) (Use 23 professional judgment); OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(3)(a)( 24 Maintain the dignity of the profession by respecting and obeying the law, exemplifying personal 25 integrity and honesty). This conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); 26 OAR 584-02o-oo4o(5)(b) (Fraud or misrepresentation). 27 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 28 ORDER Page 3 STIPULATION OF FACTS, 3O DAY SUSPENSION- ARELYS ADRIANA THOMPSON 1 The Commission hereby adopts and incorporates herein the above stipulation of facts, 2 conclusions of law, and based thereon hereby imposes a thirty (30) day suspension upon Thompson’s 3 Educator License as follows: 4 Arelys Adriana Thompson’s Educator License is hereby suspended for thirty (30) days 5 following the adoption of this order. 6 Furthermore, the Commission imposes two (2) years of probation upon Thompson to 7 commence upon reinstatement of her license and subject to the following terms and conditions of 8 probation: 9 1. Thompson shall comply with the Standards for Competent and Ethical Performance of 10 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. 1 1 12 Violation of any term or condition of probation shall constitute an independent basis for the 13 Commission to revoke Thompson’s educator license or otherwise impose discipline, after first 14 providing Thompson with notice and opportunity for hearing. 1 5 1 6 17 IT IS so ORDERED thisfiiaygyggg, 20A, 18 TEACHER STANDARDS AND PRA CES COMMISSION 1 9 __ 20 By.‘ 224M é MW 21 oria Chambe ' xecutive Director Page 4 STIPULATION OF FACTS, 30 DAY SUSPENSION- ARELYS ADRIANA THOMPSON CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: I Arelys Adriana Thompson I 32S NE Graham Street, Apt 5 Portland, OR 97212-3081 _ +k DATED IlllS - 70 r day ofJune, 201 s. By: /" /Z 66¢ .272 wit‘ L ‘P ty Liddell Investigative Assistant Certificate of Mailing — Thompson, Arelys Adriana Data Classification Level: 3 1 Confidential DO: Liddell