BEFORE THE TEAClllS STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the ) STIPULA'I'ION OF FACTS AND
Educator License of ) FINAL ORDER OF REPRIMAN D
DAWN APPLEGATE ) AND PROBATION

On or about December 2015, the Teacher Standards and Practices Commission
(Commission) received a rcport from the Oregon Department of IIuman Services (DI-IS)
indicating Dawn Applegate (Applegate) was subject to a DHS report of possible abuse.
On March 30, 2016, the Commission received a related report from the Medford School
District indicating that Applegate may have committed an act of gross neglect of duty
and/or gross unfitness.

Afler review of the matters alleged, Applegate and the Commission agree that
their respective interests, together with the public interest, are best served by a ‘
stipulation to certain facts, the imposition of a public reprimand of her Oregon educator
license, followed by a four (4) year period of probation.

This Order sets forth the facts upon which the parties have agreed and the
sanction to be imposed. Applcgate stipulates that there are sufficient facts contained in
the Commission's files and records to support the findings of tact and conclusions of law
set forth bclow. In entering into this stipulation, Applegatc waives the right to a hearing
to contest the findings of fact, conclusions of law and order set forth below.

By signing below, Applegate acknowledges, understands, stipulates, and agrees to
the following: (i) she has been fully advised of her rights to notice and a hearing to
contest the findings of fact, conclusions of law, and order set forth below, and fully and
finally waives all such rights and any rights to appeal or otherwise challenge this
Stipulation ot' Facts and Final Order of Reprimand and Probation (Stipulation and Final
Order); (ii) this Stipulation and Final Order is a public document and disclosed to the
public upon request by the Commission; (iii) this Stipulation and Final Order is
contingent upon and subject to approval and adoption by the Commission. It the
Commission does not approve and adopt this Stipulation and Final Order, then neither
Applcgate nor the Commission are bound by the terms herein; (iv) she has fully read this
Stipulation and Final Order, and understands it completely; (v) she voluntarily, without
any force or duress, enters into this Stipulation and Final Order and consents to issuance
and entry ot'thc stipulated Final Order below; (vi) she states that no promise or
representation has been made to induce her to sign this Stipulation and Final Order, and
(vii) she has consulted with an attorney regarding this Stipulation and Final Order and
has been fully advised with regard to her rights thereto, or waives any and all rights to
consult with an attorney prior to entering into this Stipulation and Final Order and
issuance and entry of the Stipulated Final Order below.

STIPULATION OF FACTS

1 . The Commission has licensed Applegatc since August 6, 1999. Applegate’s Initial l
Teaching License, with an endorsement in Multiple Subjects Self-Contained
(ECE, ELE), is valid from March 12, 2015, through May 12, 2018. During all
relevant times, Applegatc was employed by the Medford School District.

2. On March 30, 2016, the Commission received a report from the Medford School
District indicating Applegatc may have committed an act of gross neglect 0f duty
and/0r gross unfitness. Specifically, Applegatc physically and inappropriately
forced a student to the ground.

3. Investigation determined that on December 17, 2015, Applegatc escorted her
classroom students to the school yard to be picked up by parents and directed
them to line up, J I-I, a strident in Applegate’s classroom, was not following her
direction to line up with the other students. A patron, who was present at the
time of the incident, and another teacher both witnessed Applegate yelling at Jl-I
to sit down. When J I-l refused, Applegate placed her hands on JH's shoulders and
used her calf to reach around behind JH to unlock his knees, directing J l-I down
to a sitting position on the wet blacktop. JH almost immediately stood back up

and so Applegate escorted JH to the nearby grass area and made him sit in the

grass, which was also wet. The teacher who witnessed Applegate's conduct

intervened, telling Applegate, “You can't do that!” JH stood up and returned to
the line of students.

Both the teacher and patron witnesses reported Applegate’s conduct to school

efficials, providing similar accounts. An interview of JH further confirmed these

reports. The district later reviewed video of the area in which the incident
occurred which provided some information corroborating the reports of

Applegate's conduct. On January 15, 2016, the district advised Applegate that

they were seeking her dismissal. As a first year, probationary teacher, Applegate

elected to resign her employment effective January 30, 2016.

‘ 4. Applegate indicated that the District had not provided training to her on changes
recently enacted in Oregon related to permissible conduct involving physical
restraint of students and the District did not refute this fact. Since this incident,
Applegate, on her own initiative, has reviewed the newly revised statutory
changes related to physical restraint and also reviewed the Oregon Department of
Education and Disability Rights Oregon regulations and training brochures
related to physical restraint.

/ / /
/ / /
lT IS SO STIPULATED:
Dawn Applegate Date [é

figflmmc 112501,‘?
Trent Danowski, Co-Inten'm Executive Director Date
Teacher Standards and Practices Commission

CONCLUSION 0F LAW

The conduct described above constitutes gross neglect of duty in violation of ORS
342.175(r)(b); OAR 584-ozo-oo4o(4)(n) as it incorporates OAR 584-020-ooto(5) (Use
professional judgment), OAR 584-020-0025(2)(e) (Using district Iowfiil and
reasonable rules and regulations); and OAR 584e020-oo40(4)(d) (Unreasonable
physical force against students, fellow employees, or visitors to the school, except as
permitted under ORS 339.250).

The Commission's authority to impose discipline in this matter is based upon
ORS 342.175.

ORDER

The Commission adopts and incorporates herein the above findings of fact and
conclusions oflaw, and based thereon, imposes a Public Reprimand upon Dawn
Applegate‘s Oregon educator license.

Furthermore, the Commission imposes a period of [our (4) years oi probation
upon Applegate's licensure to commence from the date this order is signed by the
Commission and subject to the following conditions:

1. Applegate shall comply with the Standards for Competent and Ethical
Performance of Oregon Educators under Oregon Administrative Rules Chapter
584, Division O20.

Z. Applcgate will complete a Commission approved training related to her conduct
(physical restraints, boundaries — physical) and submit proof of same prior to the
completion of her first year of her probation period.

/ / /

/ / §
/ /

Issued and dated this l 1 r‘day ofJanuary, 2018.

TEACHER STANDARDS AND PRACTICES COMMISSION

STATE 0F OREGON

By . i‘ " I

. ,.- é ..
Trent Danowski, Co-Interim treetor L K7 (2.; A‘ :5 M u ‘6W 06¢‘

Page 4 STIPULATION 0F FACTS AND ORDER OF REPRIMAND AND PROBATION — DAWN
APPLEGATE

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand and
Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return
Receipt Requested, addressed to:
Dawn Applegate
4074 S. Pacific Hwy Spc 40
Medford OR 97501-9026
DATED this 52% day of January, 2018.
By:
Pa heldon
Investigative Assistant
Certificate of Mailing — Dawn Applegate
Data Classification Level: 2 — Limited
DO: Sheldon