l , \ 541 344 7895 P. 2 _ 11/14/01 17:12 6541 344 1095 DOJ/EUGENE IBM/1102 1 BEFORE THE TEACHER STATNDARDS AND PRACTICES COMMISSION 2 STATE OF ORGON 3 ln the Matter of the Teaching License of 4 \ STIPULATION AND ORDER OF SUSPENSION 5 PEGGY FREED'ELEFANT 6 7 The Teacher Standards and Practices Commission (Commission) issued a Notice of 8 Opportunity for Hearing on July 18, 2001 to Peggy Freed~Elefant, proposing to impose 9 discipline under ORS 342.177. Ms. Freed-Elefant requested a hearing to contest the allegations iO in the notice. After review of the matters alleged, the parties have agreed that their respective ll interests, together with the public interest, are best served by a stipulation to certain facts and the ‘ 12 suspension of Ms, Preed-Elefant's license, followed by a period of probation. I l3 In entering into this stipulation, Ms. Freed-Elefant waives her right to a hearing and 14 understands that the Commission will suspend her teaching license for a period of six months. 15 This stipulation and order are contingent on approval by the full Commission. If the l6 Commission does not approve this stipulation and proposed order, it is understood that any l’! waiver of rights by Ms. Freed-Elefant is therefore revoked. It is further understood that the 18 statements contained in this stipulation may not he used by either the Commission or Ms. Freed~ l9 Elefant for any reason if the Commission fails to approve the stipulation and proposed order. 20 STIPULATED FACTS 21 Ms. Freed-Elefant and the Commission stipulate as follows: 22 l. Ms. Freed-Elefant holds a Standard Teaching License and has been licensed in i 23 Oregon since 1977i i Page 1 - STTPULATION AND ORDER OF SUSPENSION JGM:Ijh\G:‘JGM\TAPWIP\GEN99375.DOC . . . P . 3 11/11/01 17:14 ‘5'541 344 7095541 344 7Bg€i>OJ/EUGENE ‘001/004 O 1 2. In 1998, Ms. Freed-Elefant was employed as a high school teacher at the Crescent 2 Valley High School in the Corvallis School District. 3 3. In June 1998, Ms Freed-Elefant acted as chaperone to a group of high school 4 students on a district'sanctioned trip to Japan. 5 4. During the trip, Ms. Freed-Elefant gave inappropriate and sexually suggestive 6 gifls to RH, a male high school student. The gifts were a set of “dirty dicc” and a 7 Harley~Davidson calendar that featured scantily-clad women. Ms. Freed-Elcfant 8 contends that she had parental permission to provide the calendar. 9 S. During the trip, Ms. Freed-Elefant contacted RH by telephone on the evening of 10 June 23, 1998. At that time, Ms. FreedeElefant made comments that were ll inappropriate and reasonably perceived by RH as sexually suggestive and overly . 12 personal. Ms. Freed—Elefant denies that she intended these comments as sexually 13 suggestive. l4 6. On June 24, 1998, Ms. Freed-Elei'ant wrote and delivered a poem to RH. The 15 poem was inappropriate and reasonably perceived by RH to be a sexual advance. 16 Ms. Freed-Elefant denies that she intended that poem as a sexual advance. l7 ' 18 [Zr / 6” 0/ @121‘ v ant Date 19 ' . ' 2° 9&3; {Meiw/ //[/1>[ p; 21 David V. Myton Date ‘ Executive Director - 22 /// 23 /.// ’ Page 2 - STI'PULATION mo ORDER 0F SUSPENSION JGM:1jh\G:'UGM\TAPWIP\GEN99375.DOC if’ , r—i '7 if p.4 . . - 541 34a 7895 r ‘E ‘002/004 11/14/01 11:14 '5'541 344 1on DOJ/EIGEY‘ . 1 CONCLUSIONS OF LAW 2 Each of the acts described in Findings of Fact 4, 5 and 6, constitutes gross neglect of duty 3 in violation of OAR 584-020-0040(4)(1). 4 l DISCUSSION 5 As a part of the negotiated settlement of this case, the Commission acknowledges Ms. 6 Freed~Elefant’s contentions that she did not intend her actions and statements to be sexual in 7 nature. While acknowledging Ms. Freed-Elefant’s contentions, the objective evidence 8 establishes that Ms. Freed-Elefant’s behavior was inappropriate, sexually suggestive and 9 reasonably perceived as such by the male high school student. I O ORDER ll The Oregon Teaching License of Peggy Freed-Elefant is suspended for a period of six 12 months. Upon expiration of the period of suspension, Ms. Freed-Elefant's teaching license shall ' 13 be reinstated upon the following conditions: l4 l. Ms. Freed-Elefant shall submit an application for reinstatement as provided under 15 OAR 584-050-0015. 16 2. Ms. Freed-Elefant shall, at her own expense, obtain an evaluation by an evaluator l7 who is acceptable to the Commission. The evaluator shall provide a written l8 report to the Commission. The report shall contain only the following: l9 (a) a statement that, in the professional Opinion of the evaluator, Ms. Freed- Elefant is fit to work with children and high school students, and there is a 20 high probability that Ms. Freed-Elefant will not in the future make sexually suggestive comments to students or engage in other inappropriate behavior 21 with students; (b) a list of the processes and techniques used in the evaluation, e.g. testing, 22 interviews, etc. and a list of the materials used in the evaluation; 23 (c) an explanation oi’ the basis for the evaluator’s findings, which need not include a discussion or identification of medical diagnosis; age 3 - STIPULATION AND ORDER OF SUSPENSION EMfljh\G-\IGM\TAPWLP‘\GEN993 75.006 a . . p . 5 > _ 11/14/01 17:14 8541 344 7095541 344 ‘VEBSDOJ/EUGENE ‘003/004 ' \ 1 (d) the evaluator’s recommendation as to whether Ms. Freed-Elefant should 2 participate in continuing treatment. 3 3. Ms. Freed-Elcfant shall provide a copy of this Order and a copy of the 4 Commission's investigation report to the evaluator and shall cooperate in the 5 evaluation which may include testing, interviews and any other activities the 6 evaluator may consider necessary to complete the evaluation. 7 4. The Commission considers the evaluator's report to be a medical record 8 containing personal information the disclosure of which would constitute an 9 unreasonable invasion of privacy. The Commission shall not disclose the report 10 unless ordered to do so under Oregon law. l l Upon reinstatement of her teaching license, Ms. Freed-Elefant shall be placed on . l2 probation for a period of three years, subject to the following conditions: 13 1. Ms. Freed-Elefant shall comply with all Standards for Competent and 14 Ethical Performance under OAR 584 Division 020. 15 2. Ms‘ Freed-Elcfant shall participate in treatment as recommended by the 16 evaluator in paragraph 2 above. l 7 3. Ms. Freed-Elefant shall provide consent for her treatment provider, 18 referred to above, to contact the Commission or to respond to Commission l9 inquiries in order to verify Ms. Freed'Elefants participation and 20 cooperation with the evaluator's reconnnendations. 21 Violation of any conditions of probation may constitute an independent basis for 22 the Commission to impose discipline‘ up to and including revocation of Ms. Freed- 23 . Page 4 - STlPULATlON AND ORDER or SUSPENSION J GM;1jl1\G:\JGM\TAPWl'P\GEN99375.DOC —1'__‘—'P _ B 11/14/01 17:14 6-541 344 7095r541 344 7agSDOJ/EUGENE ZION/004 . l Elefant's Oregon Teaching License, subject to her right to a hearing on the issue of 2 whether she violated probation. 3 l1 4 IT IS so ORDERED the/éday of /MLL~/ , 2001. 5 6 TEACHER STANDARDS AND PRACTICES COMNIISSION 7 1 8 By: ZS?!‘ ég {M 9 David V. Myton, Execu ve Director 10 l l . lZ 13 l4 15 l6 l7 l 8 19 20 21 22 . 23 . 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