1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 431 In the Matter of the Educator License 0f ) DEFAULT ORDER OF 5 CAROL ANNE REESE ) SUSPENSION OF RIGHT TO g ) APPLY FOR LICENSURE 8 On March 27, 2017, the Teacher Standards and Practices Commission (Commission) issued a 9 Notice of Opportunity for Hearing to Carol Anne Reese (Reese) in which the Commission charged 10 her with Gross Neglect 0f Duty. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail 11 Receipt 7016 0750 0000 2419 1119 t0 the address on file with the Commission. The Notice 12 designated the Commission file as the record for purposes of proving a prima facie case. The 13 Certified Mail receipt was returned undelivered 0n March 30, 2017. On April 7, 2017, the Notice was 14 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7016 0750 0000 2419 0969 to an 15 alternate address. The Certified Mail receipt was returned as “Unclaimed” t0 the Commission on 16 May 10, 2017. The regular, first class mail was not returned t0 the Commission, and is assumed to 17 have been delivered. The Notice of Opportunity of Hearing, dated April 7, 2017, and signed by 18 Monica Beane, then Executive Director, stated: 19 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 20 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 21 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF 22 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE 23 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE 24 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 22 On April 26, 2017, Reese, through her attorney, requested a hearing. On February 7, 2018, also 27 through her attorney, Reese withdrew her request for a hearing. The Commission, therefore, finds 28 Reese to be in default and enters the following findings of fact, conclusions of law, and final order, 29 based on the files and records of the Commission concerning this matter. 30 31 FINDINGS OF FACT 32 1. Carol Anne Reese has been licensed by the Commission since September 22, 1981. Reese 33 held a Standard Teaching License, with an endorsement in Standard Speech Impaired (018), 34 which was valid from March 10, 2011, through March 9, 2016. Reese did not make 35 application for renewal. During all relevant times, Reese was employed by the Inter- 36 Mountain Education Service District (IMESD). 37 2. On January 16, 2015, the Commission received a patron complaint alleging that Reese was 38 under investigation by the Oregon Department of Human Services (DHS) for child abuse and 39 may have violated professional standards. On April 9, 2015, the Commission received a PAGE 1-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE — CAROL ANNE REESE 1 district report from IMESD alleging that a DHS investigation into Reese’s conduct with her 2 minor aged daughter had resulted in a finding of “Founded” for physical abuse and had been 3 turned over t0 law enforcement for possible criminal charges. 4 5 DHS conducted an investigation into allegations that Reese had assaulted her 16 year old 6 daughter HR. Investigation determined that on November 13, 2014, HR had taken the family 7 vehicle without permission. Upon her return, Reese and HR argued about HR’s behavior, 8 and while yelling and calling HR names, Reese slapped HR on the face. Reese pinned HR 9 down on a loveseat and began to choke HR with both hands around her neck, then struck HR 10 0n her left eye with the butt of Reese’s hand. The results of Reese’s assault caused injury and 1 1 bruising to HR. HR took photographs of her injuries and later reported the assault to her 12 school counselor who in turn reported the incident to DHS. 13 14 DHS child welfare founded the allegations against Reese for abuse and cross-reported to law 15 enforcement. HR was removed from Reese's home and placed in the care of family friends. 16 Reese’s other adult children provided statements to authorities describing Reese as l7 physically, verbally, and emotionally abusive in the past t0 all four children who had been in 18 the household. IMESD had placed Reese on administrative leave pending the outcome of the 19 DHS investigation. Reese voluntarily retired from IMESD on June 30, 2015. 20 21 CONCLUSIONS 0F LAW 22 Reese’s conduct described in above, constitutes gross neglect of duty in violation of ORS 23 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-0010(1) (Recognize the 24 worth and dignity 0f all persons and respect for each individual), and OAR 584-020-0010(5) (Use 25 professional judgment). Additionally, Reese’s conduct constitutes “gross unfitness” in violation of 26 ORS 342.175(1)(c), OAR 584-020-004o(3)(c) and (d) as defined by OAR 584-020-0040 (5) (Gross 27 unfitness is any conduct which renders an educator unqualified to perform his or her professional 28 responsibilities), and OAR 584-020-0040 (5)(e) (Admission of or engaging in acts constituting 29 criminal conduct, even in the absence ofa conviction). 3O 31 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 32 33 34 PAGE 2-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE — CAROL ANNE REESE 1 2 FINAL ORDER 3 4 The Commission hereby suspends Carol Anne Reese’s n'ght to apply for an Oregon educator 5 license for a period of six (6) months, to begin upon the date this order is signed and in effect. 6 mi 7 IT IS SO ORDERED THIS £23 ’ day of March, 2018. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 By: a % % 10 Dr. Anthony Rosilez, Executive Director 11 12 13 ' 14 15 16 NOTICE OF APPEAL OR RIGHTS 17 18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE l9 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 20 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 21 THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY FOR LICENSURE - CAROL ANNE REESE