1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION .2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Licensure of ) AND 5 BETTYE S. HITCHKO ) FINAL ORDER OF REPRIMAND g On or about December 23, 2005, the Teacher Standards and Practices Commission 8 (Commission) received a report on behalf of Ben Bergreen. Superintendent, Phoenix-Talent 9 School District indicating that Bettye S. Hitchko (Hitchko) may have violated Standards on or 10 about November 3, 2005, when she made inappropriate comments about a student in a class 11 and later verbally confronted the attendance clerk in an angry out of control manner. 12 Ms. Hitchko fully cooperated with the Commissions investigation. After review of the 13 matters alleged, Ms. Hitchko and the Commission agree that their respective interests, together I 14 with the public interest, are best served by a stipulation to certain facts and a public reprimand. 15 This document sets forth the facts upon which the parties have agreed and the a stipulated sanction to be imposed. Ms. Hitchko stipulates that there is sufficient evidence in the 17 Commission's files and records to support the findings of fact, conclusions of law, and order set 18 forth below. 19 By signing below, Ms. Hitchko acknowledges, understands, stipulates, and agrees to the 20 following: (i) she has been fully advised of her rights to notice and a hearing to contest the 21 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 22 such rights and any rights to appeal or othenlvise challenge this Stipulation of Facts and Final 23 Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public 24 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and 25 Final Order is contingent upon and subject to approval and adoption by the Commission. If the 26 Commission does not approve and adopt this Stipulation and Final Order, then neither 27 Ms. Hitchko nor the Commission are bound by the terms herein; (iv) she has fully read this ‘i Stipulation and Final Order, and understands it completely; (v) she voluntarily, without any force Page I STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — HITCHKO 1 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the '2 Stipulated Final Order below; (vi) she states that no promises or representation has been made 3 to induce her to sign this Stipulation and Final Order; and (vii) she has consulted with an 4 attorney regarding this Stipulation and Final Order and has been fully advised with regard to her 5 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this 6 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 7 STIPULATION OF FACTS 8 1. Ms. Hitchko has been licensed by the Commission since May 16, 1990. Ms. Hitchko 9 currently holds a Standard Teaching License issued August 26, 2004, valid through May 29, 1O 2009, with Endorsements in, Basic Mathematics, Advanced Mathematics and Standard General i 11 Business. The Commission granted a Conditional Assignment Permit in Student Services to 12 allow Ms. Hitchko to serve as an academic advisor at the high school level on September 1, 13 2004. . 2. Ms. Hitchko has served as licensed educator for the Phoenix-Talent School District 15 since 1991. The District assigned Ms. Hitchko to Phoenix High School from 1998 until 16 November 22, 2005. Ms. Hitchko served as an Academic Advisor during the 2004-2005 school 17 year and the first part of the 2005-2006 school year. Ms. Hitchko is currently assigned to teach 18 mathematics at the middle school level. 19 3. There is no record of a complaint or discipline during the past 16 years of Ms. 20 Hitchko‘s employment as a licensed educator. The performance evaluations for Ms. Hitchko 21 during her employment with the District are very positive. 22 4. On or about November 3, 2005, Ms. Hitchko was in the classroom of another teacher 23 when her son, a student in the class, was requested to participate in peer mediation. Ms. 24 Hitchko objected to the request that her son participate in mediation as it involved a member of 25 a group of students accused of assaulting him. Ms. Hitchko_made inappropriate comments '1 about the behavior of the other student to the teacher and who was also the peer mediation Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — HITCHKO 1 supervisor. The comments were made in the class and heard by some of the students. Later, ‘ 2 in the high school office, Ms. Hitchko verbally confronted the attendance clerk, regarding his role 3 in the mediation and the District's failure to address the assault of her son. Ms. Hitchko was 4 angry and used profanity in the high school office. 5 5. Ms. Hitchko takes full responsibility for her behavior on November 3, 2005, and has 6 expressed great remorse and embarrassment regarding this event. 7 IT IS SO STIPULATED AND AGREED TO: 8 9M M 1O Bettye Hitchko Date 11 13 Victoria Charn erlain, Executive Director Date 14 Teacher Standards and Practices Commission ‘5 CONCLUSIONS OF LAW 16 Ms. Hitchko failed to demonstrate a commitment to use professional judgment on 17 November 3, 2005, at Phoenix High School when she made inappropriate comments about a 18 student during class and a few minutes later when she angrily confronted the attendance clerk 19 using profanity in the school office. This misconduct constitutes Gross Neglect of Duty in 20 violation of OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5). The 21 Commission has the authority to impose discipline in this matter under ORS 342.120 through 22 342.430 and OAR Chapter 584. 23 / // 24 /// 25 // l 26 /// O Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — HITCHKO 1 ORDER .2 The Commission hereby adopts and incorporates herein the above findings of fact, 3 conclusions of law and imposes a Public Reprimand upon the Iicensure of Bettye S. Hitchko. 4 This order shall serve as the Public Reprimand. 5 Issued and dated this 2 day of August, 2006. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 STATE OF OREGON 8 %/%, W25 E é E f 9 By: WI 10 Victoria Cha erlain, Executive Director 11 12 Approved as to form: 13 14 15 gzwflééwf) 16 Elizabeth McKanna, OSB# 89306 17 Attorney for Bettye S. Hitchko [062906] Page 4 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — HITCHKO