‘ BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the ) STIPULATION OF FACTS AND
Teaching License of ) FINAL ORDER OF PUBLIC
BARBARA JEAN MURPHY ) REPRIMAND

On or about August 26, 2005, the Teacher Standards and Practices Commission
(Commission) received an Application for Educator License Form C-l from Barbara
Jean Murphy (Murphy) in which she responded “no” to all character questions. A
subsequent investigation by the Commission revealed that Murphy had previously

~ entered a plea of guilty to the misdemeanor crime of Driving Under the Influence of
Intoxicants and that she had entered into a one-year diversion program that would expire
on September 15, 2005. The Commission subsequently issued a Notice of Denial of

. Teaching License and Opportunity for Hearing to Murphy and she timely requested a

hearing. A contested case hearing was held in this matter and an Administrative Law
Judge from the Office of Administrative Hearings issued a proposed order. Murphy filed
exceptions to the proposed order. The Commission adopts this Stipulation and Final
Order in lieu of this proposed order‘

Afier review of the matters alleged, Murphy and the Commission agree that their
respective interests, together with the public interest, are best served by a stipulation to
certain facts and a public reprimand.

This document sets forth the facts upon which the parties have agreed and the
stipulated sanction to be imposed. Murphy stipulates that there is sufficient evidence in
the Commission’s files and records to support the findings of fact, conclusions of law,

' and order set forth below‘
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In the Matter of Barbara Jean Murphy CEDR5528

‘ By signing below, Murphy acknowledges, understands, stipulates, and agrees to
the following: (i) she has been fully advised of her rights to notice and a hearing to
contest the findings of fact, conclusions of law, and order set forth below, and fully and
finally waives all such rights and any rights to appeal or otherwise challenge this
Stipulation of Facts and Final Order of Public Reprimand (Stipulation and Final Order);
(ii) this Stipulation and Final Order is a public document and disclosed to the public upon
request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
subject to approval and adoption by the Commission. If the Commission does not
approve and adopt this Stipulation and Final Order, then neither Murphy nor the
Commission are bound by the terms herein; (iv) she has fully read this Stipulation and
Final Order, and understands it completely; (v) she voluntarily, without any force or

. duress, enters into this Stipulation and Final Order and consents to issuance and entry of
the Stipulated Final Order below; (vi) she states that no promises or representation has

t been made to induce her to sign this Stipulation and Final Order; and (vii) she has
consulted with an attorney regarding this Stipulation and Final Order and has been fiilly
advised with regard to her rights thereto, or waives any and all rights to consult with an
attorney prior to entering into this Stipulation and Final Order and issuance and entry of
the Stipulated Final Order below.

STIPULATION OF FACTS
l. The Commission has licensed Barbara Jean Murphy since June 6, 2002.
2. On September l6, 2004, Murphy pleaded guilty to the misdemeanor crime of
Driving Under the Influence of Intoxicants. At that time, she elected to go through a one-
’ year diversion program that was scheduled to end on September 15, 2005.
Page 2 — STIPULATION OF FACTS AND FINAL ORDER OF PUBLIC REPRIMAND
In the Matter of Barbara Jean Murphy CEDR5528

. 3. Murphy completed the treatment requirements of her diversion program prior
to August 26, 2006.
4. On or about August 26, 2005, Murphy submitted an Application for Educator
License Form C-l to apply for her Initial Teaching License. In this application, she
answered “no” to all character questions, including questions 9 and 10.
5. When Murphy answered “no” to character question 9, she was aware that her
diversion period did not end until September 15, 2005.
6. When Murphy answered “no” to character question 10, she was aware that she
had previously entered a plea of guilty to the misdemeanor crime of Driving Under the
Influence of Intoxicants.
7. Murphy has no prior record of discipline with the Commission.
. IT IS SO STIPULATED AND AGREED TO:
éié gurphy E? ; lgate i q
7%MM we;
ictoria h lain, Executive Director Date
Teacher Standards and Practices Commission
CONCLUSIONS OF LAW
Barbara Jean Murphy’s conduct constitutes gross neglect of duty in violation of
OAR 584-020-0040(4)(c). The Commission has the authority to impose discipline in this
matter under ORS 342.143, ORS 342.175 through 342.190, and OAR Chapter 584.
STIPULATED FINAL ORDER
The Commission adopts and incorporates herein the above stipulations of facts
' and conclusions of law, and based thereon, hereby ORDERS that a Public Reprimand be
Page 3 — STIPULATION OF FACTS AND FINAL ORDER OF PUBLIC REPRIMAND
In the Matter of Barbara Jean Murphy CEDR5528

' imposed upon the license of Barbara Jean Murphy. This Order shall serve as a Public
Reprimand. W
10h no r ' I Q 0D 7
Issued and dated this // day of Maser-)6.
TEACHER STANDARDS AND PRACTICES COMMISSION
STATE 0F OREGON
B. W
toria Chamb n, Executive Director
Approved as to form:
a’ ' :‘ ,1 ‘
4" {gait liq/Mu
Elizabe McKanna, OSB #89306
Attomey for Barbara Jean Murphy
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In the Matter of Barbara Jean Murphy CEDR5528