1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the Educator ) DEFAULT ORDER OF

5 License of ) PUBLIC REPRIMAND

6 DEBORAH KAY GRAVES )

7

8

9 On December 28, 2015, the Teacher Standards and Practices Commission
10 (Commission) issued a Notice of Opportunity for Hearing t0 Deborah Kay Graves (Graves)
l l in which the Commission charged her with Gross Neglect of Duty. The Notice was sent via
12 U.S. First Class Mail and U.S. Certified Mail Receipt 7015 0640 0007 1084 6090 to the
13 address 0n file with the Commission. The Notice designated the Commission file as the
14 record for purposes of proving a prima facie case. The Certified Mail receipt was returned to
15 the Commission “signed” on January 2, 2016. The first class mail was not returned to the
l6 Commission. The Notice of Opportunity of Hearing, dated December 28, 2015, and signed
17 by Victoria Chamberlain, Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Graves did not request a hearing. The Commission, therefore, finds Graves t0 be in default
27 and enters the following findings 0f fact, conclusions of law, and final order, based on the
28 files and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Graves has been licensed by the Commission since July 1, 1975. Graves held a Basic
31 Teaching License, with endorsements in Basic Elementary (014) and Basic
32 Mathematics (019), valid from October 29, 2012, through October 28, 2015. During
33 all relevant times, Graves was employed by the High Desert Education Service
34 District as a substitute teacher.
35 2. On January 30, 2014, the Commission received a report from the High Desert Education
36 Service District (HDESD) alleging Graves violated professional standards and practices.

PAGE 1-DEFAULT ORDER OF REPRIMAND WITH PROBATION- DEBORAH KAY GRAVES

1 Subsequent investigation determined that on November 4, 2013, Graves was substitute
2 teaching at Cascade Middle School. Witnesses stated Graves responded to a question by
3 student J M by raising her voice, grabbing J M by the hood of his sweatshirt, pulling him
4 from his seat, and directing him by the hood to face a classroom window. Graves used the
5 window as a way t0 answer J M’s question (regarding parallel lines, parallelograms, or
- 6 angles) and then slammed her hand on the wall or nearby window blinds. J M and other
7 students were scared by Graves’ behavior and felt uncomfortable in her classroom. During
8 an interview with the school Principal, Graves admitted she should not have touched J M in
9 that manner. Both the school district’s and the C0mmissi0n’s investigations determined
10 Graves’ use of force 0n the involved student to be excessive, inappropriate, and in violation
1 1 of local policy. Commission investigators made multiple attempts t0 schedule interviews
12 with Graves regarding the allegations. Ultimately Graves failed to cooperate with
13 investigators and failed to participate in any interviews as required.
l4 CONCLUSIONS OF LAW
15 Deborah Kay Graves engaged in unprofessional conduct as described above. This
l6 conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-
17 oo40(4)(n) as it incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of
18 all persons and respect for each individual), OAR 584-020-0010(5) (Use professional
19 judgment), OAR 584-020-0025(2)(a) (Establishing and maintaining classroom
20 management that is conducive to learning), OAR 584-020-0025(2)(e) (Using district
21 lawful and reasonable rules and regulations); OAR 584-020-0040(4)(d) (Unreasonable
22 physical force against students, fellow employees, or visitors to the school, except as
23 permitted under ORS 339.250); and OAR 584-020-004o(4)(p) (Subject to the exercise of
24 any legal right or privilege, failure or refusal by an educator under investigation t0
25 respond to requests for information, to furnish documents or to participate in interviews
26 with a Commission representative relating to a Commission investigation).
27
28 The Commission’s authority t0 impose discipline in this matter is based upon ORS
29 342.175.
3O
PAGE 2-DEFAULT ORDER OF REPRIMAND WITH PROBATION- DEBORAH KAY GRAVES

1 FINAL ORDER
2 The Commission hereby issues a Public Reprimand upon Deborah Kay Graves’
3 Oregon educator license.
4
5
6 4L
7 IT IS SO ORDERED THISZZ ' day of February, 2016.
8
9 TEACHER STANDARDS AND PRACTICES COMMISSION
10 By: —
11 Victoria Chamberlain, Executive Director
12
13 NOTICE OF APPEAL OR RIGHTS
14
15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
16 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
l7 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
18 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REPRIMAND WITH PROBATION- DEBORAH KAY GRAVES

CERTIFICATE OF MAILING
l hereby certify that l served the foregoing notice of final order, certified by me as such, by
mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed t0:
Deborah Kay Graves
20015 McClellan Rd
Bend, OR 97702-2006
Dated this £9 ' day of February, 2016.
By:
Pa heldon
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING— DEBORAH KAY GRAVES