1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION '2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND 5 SUZANNE POLITO LYNCH ) ORDER OF REPRIMAND ' 6 On or about December 23, 2004, the Teacher Standards and Practices Commission 7 (Commission) received a report from Douglas Nelson, Superintendent, Bend-La Pine Public 8 Schools, indicating that Suzanne Polito Lynch (Lynch) used inappropriate language in the 9 proximity of students and staff; displayed outbursts of anger around staff and students; and left 10 the classroom during scheduled instructional time. 11 Ms. Lynch fully cooperated in the Commission‘s investigation. After review of the 12 matters alleged, Ms. Lynch and the Executive Director agree that their respective interests, 13 together with the public interests, are best served by a stipulation to certain facts and a 14 reprimand. .. This Order sets forth the facts upon which the parties have agreed and to the sanction to 16 be imposed. Ms. Lynch stipulates that there are sufficient facts contained in the Commissions 17 files and records t0 support the findings of fact and conclusions of law set forth below. In 18 entering into this stipulation, Ms. Lynch waives the right to a hearing to contest the findings of 19 fact, conclusion of law and order set forth below. 20 The stipulation is contingent upon approval and adoption of the Order by the 21 Commission. lf the Commission does not adopt this Order, neither Ms. Lynch nor the 22 Commission are bound by these stipulations and Ms. Lynch retains all rights to a hearing on the 23 allegations. 24 STIPULATION OF FACTS 25 1. Ms. Lynch currently holds a Transitional Teaching License with a Special Education 26 endorsement valid August 11, 2003, through August 11, 2006. O 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND ~ LYNCH 1 2. Ms. Lynch was employed as a Special Education Resource teacher for Gilchrist .2 Elementary School, Klamath County School District during the 2003-2004 school year. 3 Ms. Lynch successfully completed her contract and resigned to accept a position with the Bend- 4 La Pine School District. 5 3. Ms. Lynch began employment as a Special Education teacher for La Pine High 6 School, Bend-La Pine Public Schools on August 30, 2004. Ms. Lynch took leave from her 7 teaching position on September 15, 2004, travel to Florida due her fathers failing health, The 8 leave was extended through October 3, 2004, due to her fathers death. On November 4, 2004, 9 the District placed Ms. Lynch on paid administrative leave pending the outcome of the District's 1O investigation. Ms. Lynch resigned effective December 17, 2004. 11 4. On several occasions, Ms. Lynch left her classroom for brief periods at the end of a 12 class or the end of the day while students were present in order to smoke a cigarette. At all 13 times, the students were under the observation/supervision of either an aid or a teacher in an ‘l adjoining classroom. 15 5, On several occasions, Ms. Lynch used inappropriate language in front of staff which, 16 though not directed at students or intended to be heard by them, may have been over heard by 17 students. Ms. Lynch also expressed feelings of anger and frustration related to certain 18 conditions in the school. Ms. Lynch acknowledges that, as a result of her father's death in the 19 beginning of the school year and other stressors, she demonstrated less control over her 20 emotional faculties than a competent educator should exercise. 21 lT IS SO STIPULATED: 22 F ‘ n“ l'l/O'OQQ 23 Su a .- Polio ynch Date 24 t M wide/2% alt/ /"'/'7 17¢’ 25 Victoria h'.in, Executve Director > Date 26 Teacher Sta - -rds and Practices Commission ‘7 /// t l l 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND — LYNCH i l 1 CONCLUSION OF LAW ‘2 Suzanne Polito Lynch violated OAR 584-020-0010(5) when she failed to demonstrate a 3 commitment to use professional judgment in leaving the classroom during student contact 4 hours. Ms. Lynch violated OAR 584-020-0010(5) when she failed to demonstrate a commitment 5 to use professional judgment in communicating with staff in the presence of students. This 6 misconduct constitutes Gross Neglect of Duty. The Commissions authority to impose discipline 7 in this matter is based upon ORS 342.175. 8 ORDER 9 The Commission imposes a Public Reprimand on Suzanne Polito Lynch. This 1O Stipulation of Facts and Order constitute the Reprimand 11 lT IS so ORDERED this i day of January, 2006. 12 TEACHER STANDARDS AND PRACTICES COMMISSION ‘I’ By iM Victoria Chamberlain, Executive Director 16 Approved as to form: 17 / 1s gMZZ/flz' W 19 Elizabet McKanna OSB# 89306 20 Attorney for Suzanne Polito Lynch [011206] 21 O 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND » LYNCH