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1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION I 3
2 OF THE STATE OF OREGON y A
3 In the Matter of the ) STIPULATION OF FACTS AND
4 Educator License of ) FINAL ORDER OF REPRIMAND
g CYNTHIA I QUIRK ) AND PROBATION
7 On April 9, 2013, the Commission received a complaint from a patron of the
8 Pleasant Hill School District alleging that Cynthia Quirk (Quirk) may have violated
9 professional standards. On May 6, 2013, the Commission received report from the
1O Pleasant Hill School District alleging Quirk violated professional standards and local
11 policy, specifically, that Quirk used unnecessary physical force to direct a student.
12 Investigation determined that both the patron complaint and the district report were
13 regarding the same conduct / incident.
14 After review of the matters alleged, Quirk and the Commission agree that their
15 respective interests, together with the public interest, are best served by a stipulation to
16 certain facts, the imposition of a public reprimand, and a period of probation.
17 By signing below, Quirk acknowledges, understands, stipulates, and agrees to the
18 following: (i) she has been fully advised of her rights t0 notice and a hearing to contest
19 the findings of fact, conclusions of law, and order set forth below, and fully and finally
20 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
21 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii)
22 this Stipulation and Final Order is a public document and disclosed to the public upon
23 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
24 subject to approval and adoption by the Commission. If the Commission does not
25 approve and adopt this Stipulation and Final Order, then neither Quirk nor the
26 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and
27 Final Order, and understands it completely; (v) she voluntarily, without any force or
28 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
29 the Stipulated Final Order below; (vi) she states that no promise 0r representation has
3O been made to induce her to sign this Stipulation and Final Order; and (vii) she has
31 consulted with an attorney regarding this Stipulation and Final Order and has been fully
32 advised with regard to her rights thereto, or waives any and all rights to consult with an
33 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
34 the Stipulated Final Order below.
35
213;; STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- CYNTHIA |

1 STIPULATION OF FACT S

2 1. Cynthia Quirk has been licensed by the Commission since January 13, 1988. Quirk’s

3 Professional Teaching License, with endorsements in Elementary- Multiple Subjects

4 (PK-12), and Foundational Mathematics (PK-12), is valid from September 19, 2013,

5 through September 18, 2018. During all relevant times, Quirk was employed by the

6 Pleasant Hill School District,

7 2. On or about April 9, 2013, the Commission received a complaint from a patron of the

8 Pleasant Hill School District alleging Quirk physically assaulted a student. On May 6,

9 2013, the Commission received a report from the Pleasant Hill School District alleging
10 Quirk violated professional standards and practices, specifically, that Quirk used
11 unnecessary physical force to direct a student. Subsequent investigation determined that
12 on April 11, 2013, while supervising students on a bus trip, Quirk physically directed
13 student LB by holding the back of her neck and physically directing her to the bus floor
14 to pick up a piece of gum. LB indicted she struck her head on the bus as a result, causing
15 her pain and embarrassment. Quirk denied using excessive force and did not observe her
16 head coming in contact with any part of the bus. Both the school district’s and the
17 Commission’s investigations determined Quirk’s use of force on the involved student to
18 be excessive, inappropriate, and in violation of local policy. The district issued Quirk a
19 written reprimand.
20
21 IT IS SO STIPULATED:
5% Opiiiim ng ,Qg-Mj b 11th Q 5 9m;
24 Cynthi I Quirk ._.. Date
25 . ‘ J ./
26 522%ka gift/[IQ
27 Dr. Monica Beane, Executive Director Date
28 Teacher Standards and Practices Commission
29 CONCLUSION OF LAW
30 Cynthia Quirk’s conduct described above constitutes gross neglect of duty in
31 violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-
32 020-001o(1) (Recognize the worth and dignity of all persons and respect for each
33 individual), OAR 584-020-001o(5) (Use professional judgment), OAR 584-020-

Ziggy? STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- CYNTHIA I

1 0025(2)(a) (Establishing and maintaining classroom management that is conductive to
2 learning), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and
3 regulations); and OAR 584-020-0040(4)(d) (Unreasonable physical force against
4 students, fellow employees, or visitors to the school, except as permitted under ORS
5 339.250).
6 The Commission’s authority to impose discipline in this matter is based upon
7 ORS 342.175.
8 ORDER
9 The Commission adopts and incorporates herein the above findings of fact and
1O conclusions of law, and based thereon, imposes a Public Reprimand on (blnthia Quirk’s
1 1 Educator License.
12 Furthermore, the Commission imposes a period of four (4) years of probation
13 upon Quirk’s licensure to commence from the date this order is signed by the
14 Commission and subject to the following conditions:
1 5 1. Quirk shall comply with the Standards for Competent and Ethical Performance of
16 Oregon Educators under Oregon Administrative Rules Chapter 584, Division
17 020.
1 8
19 Issued and dated this Zifiay of June, 2017.
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21 STATE OF OREGON
22 :% \ S Z
23 By
24 Dr. onica Beane, Executive Director
(PIT-flag STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- CYNTHIA I