1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 5 In the Matter of the ) STIPULATION OF FACTS AND 6 Teaching License of ) FINAL ORDER OF SUSPENSION 7 KATHERINE MARIE GIBBS ) OF RIGHT TO APPLY AND 8 ) PROBATION 9 1 0 1 1 12 On or about May 6, 2011, and again on February 8, 2012, the Teacher 13 Standards and Practices Commission (Commission) received reports from the 14 Beaverton School District indicating that Katherine Marie Gibbs (Gibbs) was 15 suspected 0f violating District Policies and Professional Standards. 16 After review of the matters alleged, Gibbs and the Commission agree that 17 their respective interests, together with the public interest, are best served by a 18 stipulation to certain facts, the imposition of a six (6) month suspension of her 1 9 right to apply for licensure followed by a four (4) year probation and monitoring i 20 period. i 21 By signing below, Gibbs acknowledges, understands, stipulates, and agrees 22 to the following: (i) she has been fully advised of her rights to notice and a i 23 hearing to contest the findings of fact, conclusions of law, and order set forth l 24 below, and fully and finally waives all such rights and any rights to appeal or 25 otherwise challenge this Stipulation of Facts and Final Order of Suspension 26 (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public 27 document and disclosed to the public upon request by the Commission; (iii) this ‘ 28 Stipulation and Final Order is contingent upon and subject to approval and 29 adoption by the Commission. If the Commission does not approve and adopt this 30 Stipulation and Final Order, then neither Gibbs nor the Commission are bound 31 by the terms herein; (iv) she has fully read this Stipulation and Final Order, and 32 understands it completely; (v) she voluntarily, without any force or duress, enters Page I STIPULATION OF FACTS AND ORDER OF SUSPENSION OF RIGHT TO APPLY AND PROBATION- GIBBS, KATHERINE MARIE , I i 1 into this Stipulation and Final Order and consents to issuance and entry of the 2 Stipulated Final Order below; (vi) she states that no promise or representation 3 has been made to induce her to sign this Stipulation and Final Order; and (vii) 4 she has consulted with an attorney regarding this Stipulation and Final Order 5 and has been fully advised with regard to his rights thereto, or waives any and all 6 rights to consult with an attorney prior to entering into this Stipulation and Final 7 Order and issuance and entry of the Stipulated Final Order below. Gibbs 8 understands that the probation will be subject to specific terms and conditions. 9 STIPULATION OF FACTS 1O 1. The Commission has licensed Katherine Marie Gibbs since October 14, 1 1 2003. Gibbs’s Initial I Teaching License, with endorsements in Multiple 12 Subjects Self Contained (ECE, ELE), and Educational Media (PP-12), was 13 issued on October 31, 2009, and expired on October 3o, 2012. During all 14 relevant times, Gibbs was employed by the Beaverton School District as a 15 teacher. She resigned effective February 15, 2012, as part of a separation 16 agreement. 17 2. On April 12, 2011, while on duty, Gibbs’ Principal and other employees 18 reported smelling the odor of an alcoholic beverage on Gibbs’ person. 19 Management requested and Gibbs agreed to submit to alcohol and blood 20 screening tests. Gibbs complied with the request, and her test results 21 indicated a blood alcohol level of over the legal limit for driving in the 22 State of Oregon. Gibbs’ drug screen toxicology report returned negative for 23 illegal drug use. As a result, Gibbs was placed on a last chance agreement 24 by the school district that required alcohol dependency evaluation and 25 treatment and random testing, with which Gibbs complied. 26 3. On January 19, 2012, while at school and on duty, Gibbs again appeared 27 intoxicated. Gibbs complied with testing requests and admitted She had 28 consumed alcohol during the lunch hour though not in the school 29 building. Gibbs’ January 2012 conduct violated her last chance agreement 30 with the school district; as a result, Gibbs resigned her employment with 31 the District. Page 2 STIPULATION 0F FACTS AND ORDER OF SUSPENSION OF RIGHT To APPLY AND PROBATION- GIBBS, KATHERINE MARIE 1 4. Gibbs has provided information indicating she has participated in group 2 and individual care on an extended basis. 3 IT IS SO STIPULATED: 4 WM 4%? ‘it l7! [5 5 Kathe ne Marie Gibb ‘ Date i r Mg MM 6/— .26?‘ /.3_ 8 Victoria Cham n xecutive Director Date 9 Teacher Standards and Practices Commission 10 CONCLUSION OF LAW 11 In April 2011 and February 2012, Gibbs was working under the influence 12 of alcohol while on duty and on school property. This conduct constitutes gross 13 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it 14 incorporates OAR 584-020-0010(5) (Use of professional judgment), OAR 584— 15 020-0025(2)(e) (Using district lawful and reasonable rules and 16 regulations);OAR 584-020-oo4o(4)(o) as it incorporates OAR 584-020- 17 0035(3)(a)( Maintain the dignity of the profession by respecting and obeying 18 the law, exemplifying personal integrity and honesty); and OAR 584-020- 19 0040(4)(g) (Appearing on duty or at any district-sponsored activity while 20 under the influence of alcohol 0r any controlled substance). 21 The Commission’s authority to impose discipline in this matter is based 22 upon ORS 342.175. 23 ORDER 24 The Commission hereby adopts and incorporates herein the above findings of 25 fact, conclusions of law, and based thereon hereby imposes a six (6) month 26 suspension of right to apply for licensure as follows: 27 Katherine Marie Gibbs’ right to apply for licensure is hereby suspended for 28 six (6) months following the adoption of this order. 29 Furthermore, the Commission imposes four (4) year probation upon Gibbs 30 to commence the date of successful reinstatement of licensure and subject 31 to the following terms and conditions of probation: 32 1. She will continue to participate in any post treatment 33 recommendations and recovery programs related to her sobriety. i Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION OF RIGHT TO APPLY AND PROBATION- GIBBS, KATHERINE MARIE 1 2. She will comply with the Standards for Competent and Ethical 2 Performance of Oregon Educators under Oregon Administrative Rules 3 Chapter 584, Division 020. 4 Violation of any term or condition of probation shall constitute an independent 5 basis for the Commission to otherwise impose discipline, up to and including 6 revocation of Gibbs’ teaching license, after first providing Gibbs with notice and 7 opportunity for hearing 8 Issued and dated this 2Z7’ day of April, 2013. 9 TEACHER STANDARDS AND PRACTICES COMMISSION 10 STATE OF OREGON 12 By MQ v /_//// ’ 1., 13 Victoria C4; v erlxecutive Director Page 4 STIPULATION 0F FACTS AND ORDER OF SUSPENSION OF RIGHT To APPLY AND PROBATION- GIBBS, KATHERINE MARIE