1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of ) ORDER OF 4 the Educator License of: ) LICENSE REINSTATEMENT 5 CATHERINE FRANCES MORRISSEY ) 3 8 This matter came before the Commission on April 7, 2017, to consider Catherine 9 Morrissey’s request to reinstate her Right to Apply for an Oregon educator's license that was 10 revoked by default order on May 29, 2014. Catherine Morrissey is eligible for reinstatement 11 under the Commission‘s rules. Ms. Morrissey appeared before the Commission unrepresented 12 by counsel. 13 Catherine Morrissey has complied with all conditions for reinstatement required by the 14 Commission. After reviewing the evidence submitted by Ms. Morrissey along with her personal 15 statement to the Commission, the Commission grants the reinstatement of Catherine 16 Morrissey’s teaching license and the reinstatement of her right to apply for any teaching license 17 she may be eligible for. 18 Now therefore, the Commission orders that Catherine Frances Morrissey’s educators 19 license and her right to apply for a license is reinstated effective April 7, 2017. 20 Furthermore, the Commission imposes a period of three (3) years of probation upon Ms. 21 Morrissey to commence upon reinstatement of her license and subject to the following terms 22 and conditions of probation: 23 1. Morrissey shall comply with the Standards for Competent and Ethical 24 Performance of Oregon Educators under Oregon Administrative Rules Chapter 25 584, Division 020. 26 Violation of any term or condition of probation shall constitute an independent basis for the 27 Commission to revoke Ms. Morrissey's educator license or othewvise impose discipline, after 28 first providing Ms. Morrissey with notice and opportunity for hearing. Page 1 — RE-iNSTATEMENT ORDER — CATHERINE FRANCES MORRISSEY 1 issued and dated this /(2 {A day of April, 2017. 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 STATE OF OREGON 4 , ‘- 5 By 22 2M 2M 6 Dr. Monica Beane, Executive Director 7 Page 2 — RE-INSTATEMENT ORDER — CATHERINE FRANCES MORRISSEY 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the Educator ) DEFAULT ORDER OF 5 License 0f ) REVOCATION OF RIGHT 6 CATHERINE FRANCES MORRISSEY ) TO APPLY 7 8 9 On April 23, 2014, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Catherine Frances Morrissey (Morrissey) in 11 which the Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. 12 First Class Mail and U.S. Certified Mail Receipt 7010 2780 0000 2187 3002 to the address l3 on file with the Commission. The Notice designated the Commission file as the record for 14 purposes of proving a prima facie case. The Certified Mail receipt was returned signed to the 15 Commission on April 28, 2014. The first class mail was not returned and assumed delivered. 16 The Notice of Opportunity of Hearing, dated April 23, 2014, and signed by Victoria l7 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 7.0 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 Morrissey did not request a hearing. The Commission, therefore, finds Morrissey t0 be in 27 default and enters the following findings of fact, conclusions of law, and final order, based 28 on the files and records 0f the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Morrissey been licensed as a teacher in Oregon since September 25, 2012. Morrissey’s 31 Initial I Teaching License, with endorsements in General Business (HS, ML), Middle 32 School Social Studies (MIDLV), Multiple Subject (MIDLVL), and Special Education 33 (ML/ HS, ECE/ELE L), was issued on September 25, 2012, and expired on March 25, 34 2014. 35 2. On October 3, 2013, the Commission received information from the NASDTEC 36 clearing house indicating that Morrissey’s teaching credentials in the State of PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - MORRISSEY, CATHERINE FRANCES l Georgia had been suspended due to testing irregularities for a period of one year 2 commencing on January 27, 2012. 3 3. On or about January 13, 2012, Morrissey was placed on leave by her employer while 4 they continued to investigate the testing irregularities referenced above. On January 5 26, 2012, Morrissey resigned her teaching position in Georgia due, in part to her 6 testing misconduct. Review of the Georgia investigation determined that Morrissey 7 was made aware of the investigation in writing by Georgia officials on February 14, 8 2012. Morrissey signed for the certified letter on February 15, 2012. The letter clearly 9 states that Morrissey was under investigation by the Georgia Professional Standards 10 Commission. On February 22, 2012, Morrissey received another notice from Georgia 1 1 regarding her right to a hearing. Morrissey, via her attorney, responded to this letter 12 requesting a hearing. Morrissey settled her case with Georgia by consent order on 13 September 12, 2013. l4 4. On September 14, 2012, Morrissey made application to TSPC for licensure. 15 Morrissey answered “No” to all the character questions on the Oregon application. 16 Specifically, question number one, “Have you ever left any educational or school l7 related employment, voluntarily or involuntarily, while under the subject of an 18 inquiry, review or investigation of alleged misconduct? Have you ever left 19 educational 0r school employment when you had reason to believe an investigation 20 for misconduct was underway or imminent?”; question number two “Are you 21 currently the subject of an inquiry, review or investigation for alleged misconduct or 22 alleged violation of professional standards of conduct by either an employer or a 23 licensure agency?”; and question number three, “Have you ever been placed on leave 24 by your employer for any alleged misconduct?”. Morrissey falsely answered “No” t0 25 each 0f these character questions. Morrissey signed and dated her TSPC application 26 on September 3, 2012. 27 28 29 3 0 31 PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - MORRISSEY, CATHERINE FRANCES 1 CONCLUSIONS OF LAW 2 Morrissey’s conduct described above constitutes gross neglect of duty in violation of 3 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) 4 (Use professional judgment) ; and OAR 584-020-004o(4)(c) (Knowing falsification of any 5 document or knowing misrepresentation directly related to licensure, employment, or 6 professional duties). This conduct also constitutes gross unfitness in violation of ORS 7 342.175(1)(c); OAR 584-020-004o(5)(a)(Revocation, suspension or denial of a license by 8 another state for reasons and through procedures that are the same as, 0r substantially 9 equivalent to, those permitting similar action in Oregon); and OAR 584-02o-oo4o(5)(b) 10 (Fraud or misrepresentation). ll 12 The Commission’s authority to impose discipline in this matter is based upon ORS 13 342.175. l4 15 FINAL ORDER l6 The Commission hereby revokes Catherine Frances M0rrissey’s right to apply for an l7 educator license. l8 IT IS SO ORDERED THIS a {flay 0f May, 2014. l9 TEACHER STANDARDS AND PRACTICES COMMISSION 20 By: —__ 21 Victoria Chamberlain, Executive Director 22 23 NOTICE OF APPEAL OR RIGHTS 24 25 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 26 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 27 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 28 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY - MORRISSEY, CATHERINE FRANCES