1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 431 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF TEACHING 6 MARY LOU QUINN ' ) LICENSE S On April 5, 2012, the Teacher Standards and Practices Commission (Commission) issued a 9 Notice of Opportunity for Hearing to Mary Lou Quinn (Quinn) in which the Commission charged her 10 with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail 11 Receipt 7010 2780 0000 2187 4214 to the address on file with the Commission. The Notice designated 12 the Commission file as the record for purposes of proving a prima facie case. The Certified Mail was 13 signed for on April 13, 2012. The regular mail was not returned to the Commission. The Notice of l4 Opportunity of Hearing, dated April 5, 2012, and signed by Victoria Chamberlain, Executive Director, 15 stated: 16 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 17 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 19 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, 20 THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE g; THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 23 Quinn did not request a hearing. The Commission, therefore, finds Quinn to be in default and enters the 24 following findings of fact, conclusions of law and order, based on the files and records of the Commission 25 concerning this matter. 26 FINDINGS OF FACT 27 l. Quinn has been licensed as a teacher in Oregon since April 5, 2000. She currently holds an Initial II 28 Teaching License issued April 5, 2010, with endorsements in A1t(ML/HS, ECE/ELE L) and Physical 29 Education (ML/HS, ECE/ELE L); which expires on April 4, 2013. During all relevant times, Quinn 30 was employed by the Lincoln County School District. 31 2. On September 8, 2009, as a form of discipline, Quinn locked an 8'h grade student in an equipment 32 closet. Students in the class reported concern over this behavior and protested Quinn’s actions. The 33 student was left locked in the closet for approximately 15 minutes. Quinn received a written 34 reprimand from the school district for this conduct. 35 3. In October of 2009 the district became aware that Quinn was screaming and arguing with students in 36 her 5‘h grade Physical Education class, leading to the following: 37 a. Quinn called the parent of one of the students at work on October 5, 2009, and made 38 unprofessional comments with regard to their student. Quinn told the parent that the student was 39 disruptive; that she wasn’t calling any other parents, and that she was surprised that the student PAGE l-DEFAULT ORDER OF LICENSE REVOCATION- QUINN, MARY LOU 1 gave her the correct phone number to call. The student had complained of wrist pain and stopped 2 playing, and Quinn responded that she didn’t care and that the student should continue. 3 b. On October 7, 2009, another parent called to complain that Quinn did not allow students to get a 4 drink of water during class. Quinn hung up on the parent during this call. The parent 5 subsequently requested a meeting with Quinn. Quinn responded that she would not meet with the 6 parent because she did not have a union representative. Quinn‘s principal commented that it was 7 unheard of to have a union representative at a parent meeting. Quinn’s response was, “Well, I am 8 going to...I don’t think I’ll be able to find a rep anyway, so I won’t be coming to the meeting." 9 c. On October 8, 2009, Quinn’s Principal requested that Quinn meet with the former Physical 10 Education teacher to learn his policies and procedures to ease the transition. Quinn’s Principal ll arranged a time on staff development day with the former PE teacher, Mike Moser, and Moser’s 12 principal, Von Taylor to provide Quinn this assistance. Quinn refused to attend the meeting 13 citing the inability to obtain union representation even though the meeting was not disciplinary in 14 nature and did not include Quinn’s administrators. 15 d. On October 16, 2009, Quinn locked the same student, who was the subject of the September 8, 16 2009, incident, out of the gym in an outside area. During this incident, Quinn used words like 17 “shut up” towards students and left the student unsupervised outside of the building. Quinn 18 received another letter of reprimand for this behavior. 19 e. October 23, 2009, Quinn secluded students from one of her Physical Education classes in the 2O cafeteria, unsupervised, during class. Quinn’s letter of reprimand from September 25, 2009 21 specifically instructed Quinn that misbehaving students should be sent to the office not lefl 22 unattended. 23 4. Between November 2009 and February 2010, Quinn was provided assistance by her principal to deal 24 with classroom management and student behavior. During classroom observations, Quinn left 25 students unattended and allowed students to engage in unsafe behavior during class. Quinn’s conduct 26 failed to meet the requirements of the student management plan that was developed to assist her. 27 Quinn was disrespectful to her principal when he tried t0 follow up on the observations with her. In 28 March of 2010, Quinn was provided with notice of the district intent to dismiss her from employment. 29 Quinn resigned prior to dismissal. 30 CONCLUSIONS OF LAW 31 Mary Lou Quinn’s conduct described in sections #2 and #3 above constitutes gross neglect of 32 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 33 0010(1) (Recognize the worth and dignity 0f all persons and respect for each individual), OAR 584-020- PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION- QUINN, MARY LOU 1 0010(5) (Use professional judgment), OAR 584-020-0010(6) (Promote equitable learning opportunities), 2 OAR 584-020-0020(2)(e) (Skill in the supervision of students), OAR 584-020-0025(2)(a) (Establishing 3 and maintaining classroom management that is conducive to learning), OAR 584-020-0025(2)(e) (Using 4 district lawful and reasonable rules and regulations), OAR 584-020-0030(2)(a) (Willingness to be 5 flexible in cooperatively working with others), OAR 584-020-030(2)(b) (Skill in communicating with 6 administrators, students, stafif parents, and other patrons). 7 Mary Lou Quinn’s conduct described in section #4 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 584-020-0010(l) 9 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584-020-0010(5) 10 (Use professional judgment), OAR 584-020-0010(6) (Promote equitable learning opportunities), OAR ll 584'020'0020(2)(e) (Skill in the supervision of students), OAR 584-020-0025(2)(a) (Establishing and 12 maintaining classroom management that is conducive to learning), OAR 584-020-0025(2)(e) (Using l3 district lawful and reasonable rules and regulations). 14 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 15 FINAL ORDER 16 The Commission hereby revokes the licensure of Mary Lou Quinn from the effective date of this l7 order. all 18 IT IS SO ORDERED THIS 20 day of September, 2012. l9 TEACHER STANDARDS AND PRACTICES COMMISSION 20 21 22 By: 23 Victoria Chamberlain, Executive Director 24 25 26 27 NOTICE OF APPEAL OR RIGHTS 28 29 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 30 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF THIS 31 ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 32 OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF LICENSE REVOCATION- QUINN, MARY LOU CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Retum Receipt Requested, addressed to: Mary Lou Quinn 2620 SW Brant St M Newport, OR 97365 Dated this (Q 0 day of September, 2012. By: I I '1 Patty L~ ell Investigative Assistant PAGE l— CERTIFICATE OF MAILING— QUINN, MARY LOU