1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF RIGHT TO 6 CHRISTINE A. JENKINS ) APPLY FOR TEACHING LICENSE 7 8 On January 4, 2011, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Christine A. Jenkins (Jenkins) which the 10 Commission charged her with Gross Neglect of Duty pursuant and Gross Unfitness to OAR 11 584-020-0040(4)(n), OAR 584-020-0010(5), OAR 584-020-0025(2)(b), OAR 584-020- 12 0040(4)(o), OAR 584-020-0035(1)(c)(B), OAR 584-020-0035(1)(c)(D), OAR 584-020- 13 0035(2)(e), OAR 584-020-0040(4)(e), OAR 584020-0040(4)(f), and OAR 584-020-0040(5)(e). 14 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7010 0290 0001 15 6831 4978 to the address on file with the Commission. The Certified Mail was returned to the 16 Commission, marked as unclaimed and unable to fonII/ard. The regular mail was not returned to 17 the Commission. The Notice of Opportunity of Hearing, dated January 4, 2011, and signed by 18 Victoria Chamberlain, 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 22 CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR 23 AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH 24 MAY INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR 25 OTHER DISCIPLINE." 26 27 Jenkins did not request a hearing. The Commission, therefore, finds Jenkins to be in default 28 and enters the following findings of fact, conclusions of law and order, based on the files and 29 records of the Commission concerning this matter. 30 31 FINDINGS OF FACT 32 1. The Commission has licensed Christine Jenkins as a teacher in Oregon since August 9, 33 2000. Jenkins’ current Initial II Teaching License, with endorsements in Language Arts 34 (HS, ML) and Multiple Subjects (MIDLVL), issued on December 23, 2007, expired on 35 December 22, 2010. During all relevant times, Jenkins was employed by the Portland 36 Public School District. 37 PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR A LICENSE - JENKINS, CHRISTINE A. 1 2. During the 2008-09 school year, Jenkins engaged in the following conduct with a male 2 student: 3 4 a. sending personal communications to the student via Facebook instant-messaging, 5 and by phone; 6 b. exchanging romantic and personal notes with the student and developing a code for 7 communicating with him; 8 c. hugging the student to express her gratitude for his collaboration on a time- 9 consuming school project, which the student interpreted as being inappropriate; 10 d. communicating with the student seeking advice concerning romantic feelings Jenkins 11 had for a staff member and joked about methods of harassment against a colleague; 12 and, 13 e. Being alone with the student on multiple occasions. 14 15 3. During the 2008-09 school year, Jenkins also held the male student‘s hand and kissed 16 him on the cheek. 17 18 4. Jenkins utilized school district computer equipment to send some of the communications 19 referred to in paragraph 2. 20 21 5. During the 2008-09 school year, Jenkins took students into an isolated, off-limits 22 underground school service tunnel and took part in an act 0t graffiti. 23 24 6. During the course of the Commission investigation, the Commission discovered 25 information indicating that Jenkins had a sexual relationship with a male minor some 26 years earlier, prior to her teaching career. 27 CONCLUSIONS OF LAW 28 Christine A. Jenkins’ conduct described in paragraph 2 above constitutes gross neglect 29 of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584- 30 020-0010(5) (Use professional judgment); OAR 584-020-0040(4)(o) as it incorporates OAR 584- 31 020-0035(1)(c)(B) (Not accepting or giving or exchanging romantic or overly personal gifts or 32 notes with a student), and OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries 33 with students in conduct and conversations at all times). 34 Jenkins’ conduct as described in paragraph 3 above constitutes gross neglect of duty in 35 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 36 0010(5) (Use professional judgment); OAR 584-020-0040(4)(o) as it incorporates OAR 584-020- 37 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 38 conversations at all times); and OAR 584»020-OO40(4)(f) (Any sexual conduct with a student). 39 Jenkins’ conduct as described in paragraph 4 above constitutes gross neglect of duty in 40 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY FOR A LICENSE - JENKINS, CHRISTINE A. 1 0010(5) (Use professional judgment); OAR 584~020-0040(4)(o) as it incorporates OAR 584020- 2 0035(1)(c)(B) (Not accepting or giving or exchanging romantic or overly personal gifts or notes 3 with a student), OAR 584-020-0035(1 )(c)( D) (Honoring appropriate adult boundaries with 4 students in conduct and conversations at all times), and OAR 584-020-0035(2)(e) (Not use the 5 district's or school's name, property, or resources for non-educational benefit or purposes 6' without approval of the educator's supervisor or the appointing authority). 7 Jenkins’ conduct as described in paragraph 5 above constitutes gross neglect of duty in 8 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 9 0010(5) (Use professional judgment), and OAR 584-020-0025(2)(b) (Using and maintaining 10 district property, equipment, and materials appropriately); OAR 584-020-0040(4)(0) as it 11 incorporates OAR 584-020-0035(1)(c)(B) (Not accepting or giving or exchanging romantic or 12 overly personal gifts or notes with a student), OAR 584-020-0035(1)(c)(D) (Honoring 13 appropriate adult boundaries with students in conduct and conversations at all times); and OAR 14 584-020-0040(4)(e) (Violent or destructive behavior on school premises or at a school- 15 sponsored activity). 16 Jenkins conduct as described in paragraph 6 above constitutes gross unfltness in 17 violation of ORS 342.175(1)(c); OAR 584~O20~0040(5)(e) (Admission of or engaging in acts 18 constituting criminal conduct, even in the absence of a conviction). 19 The Commission’s authority to impose discipline in this matter is based upon ORS 20 342.175. 21 / // 22 / / / 23 l I / 24 // / 25 /// ' 26 FINAL ORDER PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR A LICENSE - JENKINS, CHRISTINE A. 1 The Commission hereby revokes Christine A. Jenkins’ right to apply for an educator 2 license. 3 IT IS SO ORDERED THIS Z//{day of February, 2011. 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 6 . 7 By: M] 8 ictoria Ch erlain, Executive Director 9 10 11 12 13 NOTICE OF APPEAL OR RIGHTS 14 15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 16 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 17 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 18 THE OREGON COURT OF APPEALS. 19 PAGE 4-DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY FOR A LICENSE - JENKINS, CHRISTINE A. CERTIFICATE OF'MAILING . I hereby certify that l served the foregoing order by mailing a true copy thereof certified by me as such by U.S. First Class Mail to the Attorney of record for Christine A. Jenkins: ' ' Adam S. Arms Attorney at Law > | McKanna I Bishop | Joffe j & Arms | LLP 1635 NW Johnson Street Portland OR 97209 - Dated this day of April, 2011. By: '44!!!‘ 1_ I‘ la .4 i Mel -y Han - I’ Exe tive a ant PAGE 1- CERTIFICATE OF MAILING—JENKINS, CHRISTINE A.