1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

i In the Matter of the ) DEFAULT ORDER OF

5 Educator License of ) SUSPENSION

6 BONNIE SUZANNE MCKINLEY ) AND PROBATION

Z

9 On July 30, 2015, the Teacher Standards and Practices Commission (Commission) issued a
10 Notice of Opportunity for Hearing to Bonnie Suzanne McKinley (McKinley) in which the
1 l Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail
12 and U.S. Certified Mail Receipt 7015 0640 0004 7539 9633 to the address on file with the
l3 Commission. The Notice designated the Commission file as the record for purposes of proving a
14 prima facie case. The Certified Mail receipt was returned “Signed” to the Commission on August 16,
15 2015. The regular, first class mail was not returned to the Commission, and is assumed to have been
16 delivered. The Notice of Opportunity of Hearing, dated July 30, 2015, and signed by Victoria
17 Chamberlain, Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
19 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
2O FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF
21 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE
22 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE
23 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
22f On August 12, 2015, McKinley’s attorney, Jennifer Sung, requested a hearing on her client’s behalf;
26 however, after much consideration, McKinley reconsidered and withdrew her request for a hearing.
27 The Commission, therefore, finds McKinley t0 be in default and enters the following findings of fact,
28 conclusions of law, and final order, based on the files and records of the Commission concerning this
29 matter.
30 FINDINGS OF FACT
31 1. Bonnie Suzanne McKinley has been licensed by the Commission since September 5, 1978.
32 McKinley holds a Standard Teaching License, with endorsements in Basic Elementary (014),
33 Basic Hearing Impaired (018), Basic Severe Exceptional Needs (018), Basic Visually Impaired
34 (018), and Standard Exceptional Learner II (018), valid from February 25, 2012, through
35 February 24, 2017. During all relevant times, McKinley was employed by the Southern Oregon
36 Education Service District (SOESD).
3 7
38 2. On June 17, 2011, the Commission received a report from SOESD alleging McKinley used
39 unreasonable physical force on a student. Commission investigation sustained the allegation

PAGE 1-DEFAULT ORDER OF SUSPENSION AND PROBATION- BONNIE SUZANNE MCKINLEY

l and charged McKinley with misconduct. On July 20, 2012, McKinley and the Commission agreed

2 upon an informal letter of reproval with a two year monitoring period.

SI 3. On October 22, 2012, the Commission received a new report from the SOESD indicating

5 McKinley had committed acts of unprofessional conduct in the area of unnecessary physical

6 force with students. SOESD reported that multiple ESD staff members informed school

7 officials that McKinley was displaying performance problems related to IEPs and other

8 areas, and they had witnessed other instances of McKinley engaging in inappropriate

9 physical interventions with students during the 2011 — 2012 school year. Investigations by
10 the Commission and school officials identified the following unprofessional conduct:
1 l
12 a. McKinley failed t0 act as the instructional leader of the classroom. McKinley failed to
13 communicate student IEP goals to staff. Student activities and curriculum were not
14 adjusted to match student IEP programs. McKinley provided inaccurate or conflicting
15 IEP information to assistants. McKinley regularly failed to follow student behavior plans,
16 ignored illnesses, and failed to report seclusions to parents as required.
17 b. Interviewed coworkers described multiple occasions where McKinley used improper
18 restraint methods, grabbed or held students unnecessarily, lifted a student by his arms and
19 deliberately dropped him on the floor, and inappropriately placed students into “break
20 rooms” or other isolation locations. Those interviewed also described multiple occasions
21 where incidents had occurred that would normally require parental contact and notification,
22 and McKinley failed or refused to do so. This described misconduct spanned from 2009 —
23 2012 according to witnesses.
24
25 4. On March 1, 2013, McKinley voluntarily retired from her employment with SOESD.
26
27 CONCLUSIONS OF LAW
28 McKinley’s conduct described in sections 2 and 3 above constitutes gross neglect of duty in
29 violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-0010(1)
30 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584-020-
31 0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district lawfiil and
32 reasonable rules and regulations); OAR 584-020-oo4o(4)(d) (Unreasonable physical force against
33 students, fellow employees, 0r visitors to the school, except as permitted under ORS 339.250); and
34 OAR 584-020-0040(4)(k) (Violation 0f any order or rule of the Commission).

PAGE 2-DEFAULT ORDER OF SUSPENSION AND PROBATION- BONNIE SUZANNE MCKINLEY

1
2 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
3
4 FINAL ORDER
5
6 The Commission hereby suspends Bonnie Suzanne McKinley’s Oregon educator license for a
7 period of one year, to begin upon the date this order is signed and in effect. In addition, the
8 Commission places McKinley on probation for a period of four years to commence upon any
9 reinstatement of her Oregon educator license. This probation period is subject to the following terms
10 and conditions:
1 I
12 1. McKinley shall comply with the Standards for Competent and Ethical Performance of
13 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 02o.
14
15 Violation of any term or condition of probation shall constitute an independent basis for the
16 Commission to revoke McKinley’s Oregon educator license or otherwise impose discipline, after first
17 providing McKinley with notice and opportunity for hearing.
l 8 41L-
19 IT IS s0 ORDERED THIS [5' ’ day ofAugust, 2016.
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21 By: WM M
22 Dr. Monica Beane, Executive Director
a
25
26 NOTICE OF APPEAL OR RIGHTS
2g YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
29 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
30 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
31 THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF SUSPENSION AND PROBATION- BONNIE SUZANNE MCKINLEY

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S.
First Class Mail and U.S. Certified Mail-Retum Receipt Requested, addressed to:
Bonnie Suzanne McKinley
3117 Dodge Rd
White City, OR 97503-9520
Dated this Z544; day of August, 2016.
By: .. / ’ M
Patty don
Investigative Assistant
PAGE 1— CERTIFICATE OF MAILING— BONNIE SUZANNE MCKINLEY