F? EC E i V E D 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMI 2 0F THE STATE 0F OREGON Teacher Standards 1i 3 In the Matter of the ) STIPULATION OF FA F'meg cwvissm 4 Teaching License of ) FINAL ORDER OF SUSPENSION 5 SHERECE J O TOBIAS ) 6 ) j 7 ‘ 8 On or about August 31 2007 the Teacher Standards and Practices Commission 9 (Commission) received a report indicating that Sherece Tobias may have engaged in 1 O professional misconduct. 1 1 After review of the matters alleged, Tobias and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation to 13 certain facts and the imposition of a 30 day suspension of her license. 14 By signing below, Tobias acknowledges, understands, stipulates, and agrees to 1 5 the following: (i) she has been fully advised of her rights to notice and a hearing to 1 6 contest the findings of fact, conclusions of law, and order set forth below, and fully and 17 finally waives all such rights and any rights to appeal or otherwise challenge this 18 Stipulation of Facts and Final Order (Stipulation and Final Order); (ii) this Stipulation 19 and Final Order is a public document and disclosed to the public upon request by the 20 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 21 approval and adoption by the Commission. If the Commission does not approve and 22 adopt this Stipulation and Final Order, then neither Tobias nor the Commission are 23 bound by the terms herein; (iv) she has fully read this Stipulation and Final Order, and 24 understands it completely; (v) she voluntarily, without any force or duress, enters into 25 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 26 Final Order below; (vi) she states that no promise or representation has been made to 27 induce her to sign this Stipulation and Final Order; and (vii) she has consulted with an 28 attorney regarding this Stipulation and Final Order and has been fully advised with Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION ~TOB|AS I_________._——_—.—_—fi 1 regard to his rights thereto, or waives any and all rights to consult with an attorney prior 2 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated j 3 Final Order below. 4 STIPULATION OF FACTS 5 1. Ms. Tobias has been licensed as a teacher in Oregon since November 15, 1999. Tobias holds 6 an Initial I Teaching License with a Hearing Impaired endorsement issued on March 25, 7 2006 Ms. Tobias applied for renewal of her license. During all relevant times Ms. Tobias 8 worked as a teacher at the Oregon School for the Deaf, in Salem, Oregon. 9 2. While employed at the Oregon School for the Deaf Ms. Tobias hugged students despite 1O warnings to the contrary from her administrators. 1 1 3. When another teacher at the school (KM) was directed to have no contact with student KR, 1 2 Ms. Tobias passed correspondence between the teacher and student. The teacher 13 subsequently pleaded guilty to two counts of official misconduct in connection with her 14 relationship with the student. Ms. Tobias also failed to immediately report to administration 15 when KM asked her to pass the note to KR. 16 4. While employed at the Oregon School for the Deaf Ms. Tobias did not follow directives 1 7 regarding computer security, which allowed a student to gain access to a student computer 1 8 to view internet pornography. 19 5. While working at the Oregon School for the Deaf Tobias allowed some students to call her by 20 first name or ‘mommy’, and changed the name sign of some students. 21 IT IS SO STIPULATED: 22 1 23 W BJZQLLL g; Sherece o Tobias w Date 26 W Mm 27 Victoria Chamberlain, Executive Director Date 28 Teacher Standards and Practices Commission 29 Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION —-TOB|AS 1 CONCLUSION OF LAW 2 1. By engaging in the conduct in paragraph 2, 3 and 5 above Ms. Tobias engaged in 3 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020—oo4o(4)(n) as 4 it incorporates OAR 584-020-0010(5) (Use professional judgment) and OAR 584- 5 020-004o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D) (Honoring 6 appropriate adult boundaries with students in conduct and conversations at all 7 times). 8 2. By engaging in the conduct in paragraph 4 above Ms. Tobias engaged in gross neglect 9 of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it 1 0 incorporates OAR 584-02 0-0010(5) (Use professional judgment) and OAR 584-020- 1 1 0025(2)(e) (Using district lmelll and reasonable rules and regulations). 12 The Commission’s authority to impose discipline in this matter is based upon ORS 1 3 342 . 175. 1 4 ORDER 1 5 Based on the foregoing, the Commission hereby orders as follows: 1 6 Sherece Tobias’ license is hereby suspended for 30 days beginning on the date this 1 7 order is signed below. 18 Issued and dated this /é ‘file f M ____ y o ay, 2011. 1 9 TEACHER STANDARDS AND PRACTICES COMMISSION 20 STATE OF OREGON 23 Victoria Chamberl , ecutive Director Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION ~TOBIAS