1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) DEFAULT ORDER

5 Teaching License of ) OF REVOCATION OF

6 DEBRA SUE MCGINNIS ) RIGHT TO APPLY

7

8 On June 19, 2008, the Teacher Standards and Practices Commission (Commission)

9 issued a Notice of Opportunity for Hearing to Debra Sue McGinnis (McGinnis) in which the
10 Commission charged her with misconduct under ORS 342.175. The Notice was sent via U.S.
11 First Class Mail and U.S. Certified Mail Receipt 7006 2760 0000 1638 6695 to the address on
12 ﬁle vw'th the Commission. The certified mail receipt addressed to Ms. McGinnis was returned on
13 June 23, 2008 signed by Debra McGinnis. The Notice of Opportunity of Hearing, dated June
14 19, 2008, and signed by Victoria Chamberlain, Executive Director, stated:
15 "You, Debra Sue McGinnis, are entitled to a hearing on the proposed action of
16 the Commission. If you want a hearing, you must ﬁle a written request for a
17 hearing with the Commission within 21 days of the date of this notice. Attached
18 to this notice is a copy of the procedures, right of representation and other rights
19 of parties relating to the conduct of a hearing as required under ORS
20 183.413(2).”
21
22 On July 11, 2008 the Commission received a letter from Ms. McGinnis‘ attorney stating
23 that she did not intend to request a hearing in this matter. The Commission, therefore,
24 finds Ms. McGinnis to be in default and enters the following findings of fact, conclusions
25 of law and order, based on the files and records of the Commission concerning this
26 matter.
27 FINDINGS 0F FACT
28 1. The Commission issued a Basic Teaching License to Ms. McGinnis on January 10,
29, 1989, with an endorsement in Biology. The Commission later issued a Basic Teaching License
30 to Ms. McGinnis, with a Biology and Elementary Endorsement. Said license expired on June
31 24, 2008.

PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - DEBRA SUE MCGINNIS

1 2. On March 20, 2007, you plead guilty to and were convicted of Assault 3. This conduct
2 constitutes gross unfitness in violation of ORS 342.175(1)(a), (c); OAR 584-020-0040(5)(c)
3 (Conviction of violating any federal, state, or local law. A conviction includes any final judgment
4 of conviction by a court whether as the result of guilty plea, no contest plea or any other means).
5 The circumstances surrounding your conviction that the Commission considered included the
6 following: (1) You struck DHS employee Charlotte Kinney as Kinney was attempting to remove
7 two foster children in your sistefs home for failing to abide by visitation restrictions; (2) You
8 struck Ms. Kinney in an attempt to interfere with Ms. Kinney’s duties; (3) You subjected your 9-
9 year child to witnessing you strike Ms. Kinney and fleeing the scene; (4) You fled the scene after
10 striking Ms. Kinney and did not return until your husband drove you back to it; (5) You attempted
11 to deﬂect responsibility for striking Ms. Kinney by claiming to police that you struck Ms. Kinney
12 accidentally as you tried to back up your vehicle despite evidence to the contrary; and (6) you
13 were responsible for home-schooling your 9-year old child who was present with you when you
14 struck Ms. Kinney. The circumstances surrounding your conviction indicate that you lack the
15 necessaryjudgment and mental ﬁtness to be an educator. Educators are role models to
16 students, and acknowledge responsibility for all conduct. ln addition, educators conform their
17 conduct, in order to avoid improperly inﬂuencing students and other children.
l8 3. On March 20, 2007, you plead guilty to and were convicted of Failure to Perform the
19 Duties of a Driver. This conduct constitutes gross unfitness in violation of ORS 342.175(1)(a),
20 (c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or local law. A
21 conviction includes any final judgment of conviction by a court whether as the result of guilty
22 plea, no contest plea or any other means). The circumstances that the Commission considered
23 for this allegation are outlined in paragraph 2 above.
24 4. On March 20, 2007 you plead guilty to and were convicted of Assault 3. This conduct
25 constitutes gross neglect of duty in violation of ORS 342.175(1)(a), (b); OAR 584-020-
26 0040(4)(0) as it incorporates OAR 584-020—0035(3)(a) (Maintain the dignity of the profession by
PAGE 2 —- DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — DEBRA SUE MCGINNIS

1 respecting and obeying the law, exemplifying personal integrity and honesty); and OAR 584-
2 020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Professional Judgment). The
3 circumstances surrounding your conviction that the Commission considered included the
4 following: (1) You struck a DHS employee Charlotte Kinney as Kinney was attempting to
5 remove two foster children in your sister’s home for failing to abide by visitation restrictions; (2)
6 You struck Ms. Kinney in an attempt to interfere with Ms. Kinney‘s duties; (3) You subjected
7 your 9-year child to witnessing you strike Ms. Kinney and fleeing the scene; (4) You fled the
8 scene after striking Ms. Kinney and did not return until your husband drove you back to it; (5)
9 You attempted to deflect responsibility for striking Ms. Kinney by claiming to police that you
10 struck Ms. Kinney accidentally as you tried to back up your vehicle despite evidence to the
11 contrary; and (6) you were responsible for home-schooling your 9-year old child who was
12 present with you when you struck Ms. Kinney. The circumstances surrounding your conviction
13 indicate that you breached your professional duties to conform your conduct to the law while in
14 the presence of your 9-year old child, who was a student of yours.
15 5. On March 20, 2007 you plead guilty to and were convicted of Failure to Perform the
16 Duties of a Driver. This conduct constitutes gross neglect of duty in violation of ORS
17 342.175(1)(a), (b); OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(3)(a)
18 (Maintain the dignity of the profession by respecting and obeying the law, exemplifying personal
19 integrity and honesty); and OAR 584-020-0040(4)(n) as it incorporates OAR 58¢020-0010(5)
20 (Professional Judgment). The circumstances that the Commission considered for this allegation ‘
21 are outlined in paragraph 4 above. ‘
22 6. When questioned about the events leading to the conviction, you were untruthful with i
23 TSPC investigators. The false statements made to investigators included that: (1) you
24 accidentally struck Ms. Kinney; (2) Ms. Kinney did not fall and was uninjured after you struck
25 her; you did not approach the apartment at excessive speed; you did not make eye contact with
26 Ms. Kinney while she was on the ground. Any of your false statements constitutes gross
PAGE 3 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — DEBRA SUE MCGINNIS

1 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(c) (Knowing
2 falsification of any document or knowing misrepresentation directly related to licensure,
3 employment, or professional duties).
4 CONCLUSIONS OF LAW
2 Debra Sue McGinnis‘ convictions of Assault 3 and Failure to Perform Duties of a Driver
7 constitute Gross Neglect of Duty in violation of ORS 342.175(1)(a), OAR 584-020-0040(4)(o) as
8 it incorporates OAR 584-020-0035(3)(a) and OAR 584-020-0040(4)(n) as it incorporates OAR
9 584-020-0010(5) and Gross Unfitness in violation of OAR 584-020-0040(5)(c). McGinnis’ false
10 statements to Commission investigators concerning the facts of this investigation constitutes
11 Gross Neglect of Duty in violation of ORS 342.175(1)(b) and OAR 584-020-0040(4)(c). The
12 Commission has the authority to impose discipline in this matter under ORS 342.175 through
13 342.190 and OAR Chapter 584, Division 020.
14 DEFAULT ORDER
15 The Commission adopts and incorporates herein the above ﬁndings of facts and
16 conclusions of law, and based thereon, hereby revokes Debra Sue McGinnis’ right to apply for a
17 license.
18 Issued and dated this ﬂay of August 2008.
19 TEACHER STANDARDS AND PRACTICES COMMISSION
20 STATE OF REGON
21 ..
22 Byi %% g hﬂlm)
23 ictoria Cham rlain, Executive Director
24 NOTICE OF APPEAL OR RIGHTS
i; YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
27 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE
28 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS
29 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 4 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — DEBRA SUE MCGINNIS

1 CERTIFICATE OF MAILING
2
3 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me
4 as such by U.S. First Class Mail to the Attorney of record for Debra Sue McGinnis:
5
6 Grant R. Burton
7 Attorney at Law ,
8 Garland Burton McCaffery PC
9 254 N. First Avenue
10 M Hillsboro OR 97124-3003
11
12 Dated this é 5" day of December, 2008. .
13
14 e _ '
15
16 By:
17 Melo y Hanson cutive Assistant
18
PAGE 1 — CERTIFICATE OF MAILING — DEBRA SUE MCGINNIS