.E' 1; , JUL 0 a z " 2 v 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSIONEMM .1. '. _ * ' E V , 2 OF THE STATE OF OREGON 3 In the Matter 0f the ) STIPULATION OF FACTS, 4 Teaching License of ) SURRENDER AND REVOCATION 5 JENNIFER CLAIRE MALONEY ) OF LICENSURE 6 On or about January 12, 2012, the Teacher Standards and Practices Commission 7 (Commission) received a report from Christine Nesbit, Associate Director of Human Resources; 8 on behalf of Superintendent Berman of the Eugene Public School District, indicating that 9 Jennifer Claire Maloney (Maloney) had been issued a criminal citation for attempted Trespass 1O and was subsequently arrested for Burglary on December 16, 2011. 1 1 After review of the matters alleged, Maloney and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation t0 certain 13 facts, Surrender and Revocation of Maloney’s Oregon Teaching License. 14 This document. sets forth the facts upon which the parties have agreed and the stipulated 15 sanction to be imposed. Maloney stipulates that there is sufficient evidence in the Commission’s 16 files and records to support the findings of fact, conclusions of law, and order set forth belOw. 17 By signing below, Maloney acknowledges, understands, stipulates, and agrees to the 18 following: (i) she has been fully advised of her rights to notice and a hearing to contest the 19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 21 Order of Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this 22 Stipulation and Final Order is a public document and disclosed to the public upon request by the 23 Commission; (iii) this Stipulation and Fina] Order is contingent upon and subject to approval 24 and adoption by the Commission. If the Commission does not approve and adopt this 25 Stipulation and Final Order, then neither Maloney nor the Commission are bound by the terms 26 herein; (iv) she has fully read this Stipulation and Final Order, and understands it completely; 27 (v) she voluntarily, without any force or duress, enters into this Stipulation and Final Order and Page 1 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION - MALONEY 1 consents to issuance and entry of the Stipulated Final Order below; (vi) she states that no 2 promises or representation has been made to induce her to sign this Stipulation and Final 3 Order; and (vii) she has consulted with an attorney regarding this Stipulation and Final Order 4 and has been fully advised with regard to her rights thereto, or waives any and all rights to 5 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 6 entry of the Stipulated Final Order below. This Order sets forth the facts upon which the parties 7 have agreed and the sanction t0 be imposed. Maloney stipulates that there are sufficient facts 8 contained in the Commission’s files and records to support the findings of fact and conclusions 9 of law set forth below. In entering into this stipulation, Maloney waives the right to a hearing to 1 O contest the findings 0f fact, conclusions of law and order set forth below. 1 1 STIPULATION OF FACTS 12 1. The Commission has licensed Maloney since July 28, 2003. Maloney currently holds an 13 Initial II Teaching License with endorsements in Language Arts (HS/ML), Middle School 14 Social Studies (ML), and Multiple Subjects (MIDLVL), valid June 3o, 2010 through June 1 5 29, 2013. 16 2. On or about January 12, 2012, the Commission received a report from the Eugene Public 17 School District, indicating that Jennifer Claire Maloney (Maloney) had been issued a 18 criminal citation for attempted Trespass and was subsequently arrested for Burglary on 19 December 16, 2011. 20 3. 0n March 12, 2012, the Commission was informed that on March 2, 2012, Maloney had 21 entered into a plea agreement and related judgment that resulted in a conviction for 22 I Burglary in the Second Degree. Further, Maloney was placed on probation and: by her 23 agreement with the Lane County Circuit Court; Maloney agreed to resign from her 24 teaching position, surrender her teaching license, obtain treatment and perform 25 community service. 26 IT IS SO STIPULATED: Page 2 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION - MALONEY 1 ‘J We.» L4 14472 2 Jennife 1W \ alo -_ _ Date 3 WW MIMI M 4 Mria Cham I - 7" ecutive Director Date 5 Teacher Standards and Practices Commission 6 CONCLUSION OF LAW 7 Jennifer Claire Maloney engaged in criminal conduct constituting Burglary II. This 8 conduct constitutes Gross Neglect of Duty in violation of OAR 584-02o-oo4o(4)(n) as it 9 incorporates OAR 584-020-0010(5) (Use 0f professional judgment), and Gross Unfitness in 1O violation of OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting criminal 1 1 conduct, even in the absence ofa conviction), specifically: ORS 164.215 (Burglary in the second 12 degree). The Commission’s authority to impose discipline in this matter is based upon ORS 1 3 342.175. 14 ORDER 15 The Commission adopts the above Stipulation of Facts, accepts the licensure surrender 16 and revokes the Initial II Teaching License of Jennifer Claire Maloney. 17 IT IS SO ORDERED this may of July, 2012. 18 TEACHER STANDARDS AND PRACTICES COMMISSION 1 9 ~ 20 B 1,11%” _1/,///1.1.’/.// 1, 21 ' ictoria Chamber Mtive Director Page 3 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION - MALONEY