' BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, REPRIMAND, 4 Teaching License of ) ORDER OF PROBATION 5 Erin Dubois ) 6 On or about April 4, 2005, the Teacher Standards and Practices Commission 7 (Commission) received a complaint from Brandy Wormdahl, a patron in the Bethel School 8 District, alleging that Ms. Dubois had conducted personal business using District Equipment. ln 9 addition, the complaint alleged that Ms. Dubois had actively participated in setting up a fund 10 made up of donations for her terminally ill husband (Derk Dubois Fund), and subsequently used 1 1 the funds for her personal use. 12 Ms. Dubois did not participate in the Commission’s investigation. After review of the 13 matters alleged, Ms. Dubois and the Commission agree that their respective interests, together . with the public interest, are best served by a stipulation to certain facts, and a two (2) year bl 15 probation period. 16 This Order sets forth the facts upon which the parties have stipulated and the sanction to 17 be imposed. Ms. Dubois stipulates that there are sufficient facts contained in the Commission’s 18 files and records to support the findings of fact and conclusions of law set forth below. In 19 entering into this stipulation, Ms. Dubois waives the right to a hearing to contest the finding of ‘ 20 fact, conclusion of law and order set forth below. 21 This stipulation is contingent upon approval and adoption of the Order by the 22 Commission. If the Commission does not adopt this Order, neither Ms. Dubois nor the 23 Commission are bound by these Stipulations and Ms. Dubois retains all rights to a hearing on 24 the allegations. 25 // . // 27 // Page 1 STIPULATION OF FACTS, REPRIMAND AND ORDER OF PROBATION — DUBOIS . STIPULATION 0F FACTS 2 1. Ms. Dubois holds an lnitial.Teaching License with a Multiple Subjects Self-Contained 3 endorsement for early childhood and elementary grade authorizations and with a 4 Multiple Subjects endorsement for middle-level grade authorization issued by the 5 Commission on August 11, 2003. The license expires May 6, 2007. 6 2. At the time of the incidents, Ms. Dubois was a 2"d grade teacher at Irving Elementary of 7 the Bethel School District. 8 3. “The Derk (as printed on account) Dubois Fund" was established in November 2002 at I 9 Wells Fargo Bank. I 10 4. The purpose of the fund was to cover medical expenses incurred in caring for her ill 11 spouse Dirk Dubois. 12 5. Erin Dubois had signatory authority on the account. ) . 6. Erin Dubois’ mother, with Erin Dubois’ knowledge, solicited donations for the fund for the V 14 stated purpose of providing financial support for medical expenses. 15 7. Funds from the fund were used for Ms. Dubois‘ personal and family-related expenses. 16 8. Knowing the stated purposes of the fund, Erin Dubois used funds from the account for 17 purposes other than those specified in the fund. 18 This stipulation is contingent upon approval and adoption of the Order by the full 19 Commission. If the Commission does not adopt this Order, neither Ms. Dubois nor the 20 Commission are bound by these stipulations and Ms. Dubois retains the right to a hearing on 21 the allegations. 22 IT IS O STIPULATED: 23 p?- QM , ZZZYZU7 24 Erin ois . Date 25 MM 51M} Q Victoria ain, Executive ‘Director _ . Date 7 Teacher Standards and Practices Commission Page 2 STIPULATION OF FACTS, REPRIMAND AND ORDER OF PROBATION — DUBOIS . CONCLUSIONS OF LAW 2 The actions described in the Stipulation of Facts herein constitute Gross Neglect of Duty 3 in violation of OAR 584-020-00040(4)(o), that incorporates OAR 584-020-0035(3)(a). ln 4 addition, the actions described in the Stipulation of Facts herein constitute Gross Unfitness in 5 violation of OAR 584-020-0040(5)(b). . 6 STIPULATED FINAL ORDER 7 The Commission adopts and incorporates herein the above findings of facts and 8 conclusions of law, and based thereon, hereby ORDERS a formal Reprimand to be placed in I 9 Ms. Dubois file, an imposition of two (2) years probation on Ms. Dubois, effective the date of this , 10 order and is subject to the following special terms and conditions of probation: ‘ 11 1. Ms. Dubois shall seek counseling with a licensed counselor, approved by TSPC, and ; 12 abide by the recommendations of the counselor. A copy of the counselor’s I . recommendations shall be mailed to the commission no later than May 1, 2007. 14 2. Ms. Dubois is required to send reports to TSPC that shall include meeting dates with the 15 counselor and progress reports with a synopsis of Ms. Dubois’s progress in counseling. 16 These reports are due on or before: September 16, 2007; March 16, 2008, September 17 16, 2008 and March 16, 2009. At any time, should Ms. Dubois’ counselor find that no 18 further counseling is required, Ms. Dubois will forward written confirmation of this fact, in 19 the form of a letter from the counselor, to TSPC and subsequently Ms. Dubois will not be 2O obligated to send counseling or progress reports to TSPC. However, Ms. Dubois will be 21 required to send progress reports to TSPC for the duration of her probation. 22 3. Ms. Dubois shall notify the Commission of any discipline imposed upon her by an 23 employing school district for any reason during the term of this probation; 24 4. Ms. Dubois shall report in writing within ten days to the Executive Director of the w Commission any arrest or citation for any felony, misdemeanor, or major traffic violation. Page 3 STIPULATION OF FACTS, REPRIMAND AND ORDER OF PROBATION — DUBOIS . 5. Ms. Dubois shall comply with the Standards for Competent and Ethical Performance of 2 Oregon Educators under Oregon Administrative Rules, Chapter 584, and Division 020. 3 6. Violation of any of the terms of probation shall constitute an independent basis for the 4 Commission to revoke Ms. Dubois’s teaching license 0r othenivise impose discipline, 5 after first providing Ms. Dubois with notice and opportunity for hearing. 6 IT IS SO ORDERED this [i day of March, 2007. 7 TEACHER STANDARDS AND P' a ' ES C v MISSION ' l V // § 8 Byr %/’///.///_, , [/11 4.11- 4A 9 ictoria Cham $475“, xecutive Director 1O Approved as to form: ’ 11 12 Adam Arms, OSB# 01018 13 Attorney for Erin Dubois Page 4 STIPULATION OF FACTS, REPRIMAND AND ORDER OF PROBATION — DUBOIS