l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 JANET MARIE GILLESPIE ) REVOCATION OF EDUCATOR LICENSE 6 7 8 On September 13, 2012, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Janet Marie Gillespie (Gillespie) in which the 10 Commission charged her with Gross Neglect of Duty and Gross Unfitness, The Notice was sent 11 via U.S. First Class Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0363 to the 12 address on file with the Commission. The Notice designated the Commission file as the record 13 for purposes of proving a prima facie case. The Certified Mail was not returned to the l4 Commission, and the return receipt was received by TSPC on September 27, 2012. The regular 15 mail was not returned to the Commission. The same notice of opportunity for a hearing was l6 previously mailed t0 Gillespie, both certified and by regular mail, on August 30, 2012. These 17 notices were returned undeliverable. Staff located a new address and the notices were resent on 18 September 13, 2012, as described above. The Notice of Opportunity of Hearing, dated 19 September 13, 2012, and signed by Victoria Chamberlain, Executive Director, stated: 20 21 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 22 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 23 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 24 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 25 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 26 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 27 DISCIPLINE.” 28 29 Gillespie did not request a hearing. The Commission, therefore, finds Gillespie to be in default 3O and enters the following findings of fact, conclusions of law, and final order, based on the files 31 and records of the Commission concerning this matter. 32 FINDINGS 0F FACT 33 1. Janet Marie Gillespie has been licensed by the Commission since October 16, 1986. 34 Gillespie’s Personnel Service License endorsed with Standard School Psychology (052), was 35 issued October 29, 2010, and expires on October 28, 2015. During all relevant times, 36 Gillespie was employed by the David Douglas School District 37 2. On May 26, 2011, the Commission was notified by the David Douglas School District that Gillespie 38 may have violated professional standards by forging documents related to student special education 39 eligibility and forging doctor’s notes regarding her medical leave status. During a district 40 investigation, Gillespie admitted that she forged a document purporting to be from the Oregon PAGE 1-DEFAULT ORDER OF REVOCATION OF Educator LlCENSE- GILLESPIE, JANET MARIE 1 Health Sciences University (OHSU). The forged document indicated that a student had a medical 2 diagnosis that qualified the student to receive special education services (SPED). 3 3. The district investigation also discovered documents on Gillespie’s computer, (blank doctor’s notes 4 forms, and completed and/ or altered doctor’s notes) indicating additional unprofessional conduct 5 on her part. Specifically, Gillespie had forged doctor’s notes for the purpose of obtaining / 6 maintaining sick leave status, FMLA/OFLA leave status, and return to work orders, conditions and 7 dates for Gillespie’s benefit. Additionally, the district discovered other documents that indicated 8 Gillespie had altered official SPED records including Individualized Education Programs (IEP) to 9 indicate Gillespie attended meetings that she had not attended and other unauthorized alterations. 10 CONCLUSIONS OF LAW 11 Gillespie’s conduct described in section two (2) above, constitutes gross neglect 0f duty 12 in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 13 0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and 14 reasonable rules and regulations); and OAR 584-020-004o(4)(c) (Knowing falsification of any 15 document or knowing misrepresentation directly related to licensure, employment, or l6 professional duties). The above conduct also constitutes gross unfitness in violation 0f ORS 17 342.175(1)(c); OAR 584-020-0040(5)(b) (Fraud or misrepresentation). 18 Gillespie’s conduct described in section three (3) above, constitutes gross neglect of duty 19 in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 20 0010(1) (Recognize the worth and dignity of all persons and respect for each individual), OAR 21 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(b) (Using and 22 maintaining district property, equipment, and materials appropriately), OAR 584-020- 23 0025(2)(e) (Using district lawful and reasonable rules and regulations); and OAR 584-020- 24 0040(4)(c) (Knowing falsification of any document or knowing misrepresentation directly 25 related to licensure, employment, or professional duties). The above conduct also constitutes 26 gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(b) (Fraud or 27 misrepresentation). 28 Furthermore, the conduct described above demonstrates that Gillespie lacks good moral 29 character, mental or physical fitness to hold a license as required under ORS 342.143(2). 3O The Commission’s authority to impose discipline in this matter is based upon ORS 31 342.175. 32 FINAL ORDER 33 The Commission hereby revokes Janet Marie Gillespie’s Educator licensure. l PAGE 2-DEFAULT ORDER OF REVOCATION OF Educator LICENSE- GILLESPIE, JANET MARIE , it l IT IS SO ORDERED THIS 9'? X ’ day of January, 2013. 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 By: — 4 Victoria Chamberlain, Executive Director 5 6 7 8 NOTICE OF APPEAL OR RIGHTS 9 10 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 11 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF 12 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 13 THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF Educator LICENSE- GlLLESPlE, JANET MARIE