1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of: ) FINAL ORDER OF REPRIMAND 5 TONI KATHLEEN PETERSEN ) 6 On or about June17, 2009, the Teacher Standards and Practices Commission 7 (Commission) received a report indicating that Ms. Petersen may have engaged in conduct 8 constituting gross neglect of duty. 9 The Commission charged Ms. Petersen with gross neglect of duty and issued a Notice 10 of Opportunity for Hearing on March 18, 2010. After review of the matters alleged, Ms. 11 Petersen and the Commission agree that their respective interests, together with the public 12 interest, are best served by a stipulation to certain facts and the imposition of a public 13 reprimand. 14 This document sets forth the facts upon which the parties have agreed and the 15 stipulated sanction to be imposed. Ms. Petersen stipulates that there is sufficient evidence in 16 the Commission's files and records to support the findings of fact, conclusions of law, and order 17 set forth below. 18 By signing below, Ms. Petersen acknowledges, understands, stipulates, and agrees to 19 the following: (i) he has been fully advised of his rights to notice and a hearing to contest the 20 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 21 such rights and any rights to appeal or othenivise challenge this Stipulation of Facts and Final 22 Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public 23 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and 24 Final Order is contingent upon and subject to approval and adoption by the Commission. If the 25 Commission does not approve and adopt this Stipulation and Final Order, then neither Ms. 26 Petersen nor the Commission are bound by the terms herein; (iv) he has fully read this 27 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any force Page 1 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - PETERSEN 1 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the 2 Stipulated Final Order below; (vi) he states that no promises or representation have been made 3 to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney 4 regarding this Stipulation and Final Order and has been fully advised with regard to his rights 5 thereto, or waives any and all rights to consult with an attorney prior to entering into this 6 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 7 STIPULATION 0F FACTS 8 1. The Commission first licensed Ms. Petersen on August 2, 1984. Ms. Petersen's 9 current Standard Teaching License, with an endorsement in Basic Social Studies (grades 5-12) 1O and Standard Handicapped Learner (grades pre-kindergarten through 12) is valid through July 1 1 12, 2015. 12 2. Ms. Petersen was employed as a high school special education teacher in the Sweet 13 Home School District during all relevant times herein. 14 3. On or about June 10, 2009, Ms. Petersen disclosed information about a student that 15 she felt needed prompt counseling assistance by sending an email to a mental health counselor 16 she believed was counseling the student, but she did not have confirmation that the email 17 recipient was in fact the students counselor. The email recipient was in fact the student's 18 counselor. Ms Petersen stated in the email that she did not have permission from the student's 19 parents to share information with the students counselor. 2O IT IS S STI LAT ND AGREED TO: 21 >4 315$ng l0 ("LY [lg 22 Toni Kathleen Petersen Date Si ‘%M%44 //' 5'40 25 ictoria Ch ' , Executive Director Date 26 Teacher Standards and Practices Commission 27 /// ' 28 /// Page 2 » STIPULATION OF FACTS AND FlNAL ORDER OF REPRIMAND - PETERSEN 2 M CONCLUSIONS OF LAW 3 Ms. Petersen's conduct described in paragraph 3 above constitutes gross neglect of 4 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates 584-020- 5 0010(5)(a) (use of professional judgment); and OAR 584-020-0040(4)(o) as it incorporates OAR 6 584-020-0035(1)(a) (Keep the confidence entrusted in the profession as it relates to confidential 7 information concerning a student and the student's family). 8 The Commission has the authority to impose discipline in this matter under ORS 9 342.120 through 342.430 and OAR Chapter 584. 10 FINAL ORDER 1 1 The Commission adopts and incorporates herein the above finding of facts and 12 conclusions of law, and based thereon, imposes a Public Reprimand on Toni Kathleen 13 Petersen. This Order shall serve as the Public Reprimand. 14 Issued and dated thiski'h’r day of November, 2010. 15 TEACHER STANDARDS AND PRACTICES COMMISSION 16 STATE OF OREGON I; Ey r/’//I”_” s l.///1 Q /____ 19 t ictoria Ch. I aw, Executive Director 20 Page 3 - STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - PETERSEN