1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF REPRIMAN D 5 PAULA VAN BEURDEN ) AND PROBATION g On or about May 9, 2011, the Teacher Standards and Practices Commission 8 (Commission) received a letter from the Sheridan School District reporting that Paula 9 Van Beurden W an Beurden) engaged in sexual activity with a colleague on school 1 0 premises. 1 1 After review of the matters alleged, Van Beurden and the Commission agree that 12 their respective interests, together with the public interest, are best served by a 13 stipulation to certain facts and the imposition of Public Reprimand a four year 14 probationary period on Van Beurden’s teaching license. 15 By signing below, Van Beurden acknowledges, understands, stipulates, and 16 agrees to the following: (i) she has been fully advised 0f her rights to notice and a hearing 17 to contest the findings of fact, conclusions of law, and order set forth below, and fully 1 8 and finally waives all such rights and any rights to appeal or otherwise challenge this 1 9 Stipulation of Facts and Final Order of Probation (Stipulation and Final Order); (ii) this 20 Stipulation and Final Order is a public document and disclosed to the public upon 21 request to the Commission; (iii) this Stipulation and Final Order is contingent upon and 22 subject to approval and adoption by the Commission. If the Commission does not 23 approve and adopt this Stipulation and Final Order, then neither Van Beurden nor the 24 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and 25 Final Order, and understands it completely; (v) she voluntarily, without any force or 26 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 27 the Stipulated Final Order below; (vi) she states that no promise or representation has 28 been made to induce her to sign this Stipulation and Final Order; and (vii) she has Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — VAN BEURDEN 1 consulted with an attorney regarding this Stipulation and Final Order and has been fully 2 advised with regard to her rights thereto, 0r waives any and all rights to consult with an 3 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 4 the Stipulated Final Order below. 5 STIPULATION OF FACTS 6 1. The Commission has licensed Van Beurden since February 18, 2005. Van Beurden 7 currently holds an Initial I Teaching License with an endorsement in Multiple Subjects 8 Self Contained (ECE/ ELM), issued January 16, 2009, and valid until January 15, 2012. 9 During all relevant times Van Beurden was employed with the Sheridan School District. 10 2. On May 5, 2011 Faulconer-Chapman School was hosting an open house in connection 1 1 with the 21st Century Grant funded before/ after school program for which Van Beurden 12 was the lead teacher. 13 3. Van Beurden was helping set up for the open house and went to the school’s old 14 gymnasium building which was then only used for storage, to retrieve supplies for the 1 5 evening event. Van Beurden sent a text message from the old gym to a male unlicensed 16 staff member employed to help with the after school program to assist her to retrieve 17 supplies for the open house. 18 4. When the male staff member arrived he and Van Beurden engaged in sexual activity in 19 the storage area of the old gym. 20 5. While Van Beurden was in the old gym, her spouse arrived unannounced at the school. 21 He asked Van Beurden’s colleagues where she was. Van Beurden’s colleagues advised 22 her spouse that Van Beurden and the male staff member had gone to the old gym to get 23 supplies. The spouse proceeded t0 the old gym and found Van Beurden and her co- 24 worker engaged in sexual activity. 25 6. Van Beurden’s husband threatened Van Beurden and her co-worker and then returned 26 to the school building where he announced to the assembled students, staff, and parents, Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — VAN BEURDEN 1 his wife's activity with her coworker. Van Beurden’s husband created enough of a 2 commotion to require the response of law enforcement to the school. 3 7. This was the first such incident by Van Beurden, and there is no evidence to suggest that 4 this was a pattern of similar conduct by Van Beurden on school ground or during school 5 time. 6 I IS SO STIPULATED: 2 M a ~z 7'// 9 Paula n Beurden p Date 1 O , 11 MM ///‘—/” // 12 ictoria Cha e in, xecutive Director Date 13 Teacher Standards and Practices Commission 14 CONCLUSION OF LAW 15 Van Beurden’s conduct with a colleague on school grounds and during employment time 16 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020—oo40(n) as it 17 incorporates OAR 584-020-0 010(5) (Use professional judgment), OAR 584-020-0040(4)(b) 18 (Knowing and substantial unauthorized use of employment time or school resources for 19 private purposes), and OAR 584-030-0040(4)(o) as it incorporates OAR 584-020-0035(3)(a) 20 (Maintain the dignity of the profession by respecting and obeying the law, exemplifying 21 personal integrity and honesty). 22 Van Beuden’s conduct led to a significant disturbance on school grounds. Pursuant to 23 OAR 584-020-0045(5) (If the misconduct was open and notorious or had negative efl'ects on 24 the public image of the school), the Commission may consider this as part of the sanction in 25 determining a violation of OAR 584-020-0040. The Commission is aware that the subsequent 26 commotion although stemming from Van Beurden’s action, was largely caused by Van Beurden’s 27 husbands’ reaction to the incident, and may not have been entirely foreseeable by Van Beurden. 28 / / / 29 / / / Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION - VAN BEURDEN 1 ORDER 2 The Commission adopts and incorporates herein the above findings of fact and 3 conclusions of law, and based thereon, imposes a Public Reprimand on Paula Van 4 Beurden’s Initial I Teaching License. 5 The Commission furthermore places Van Beurden on probation for a period of 6 four (4) years from the date 0f this order subject to the following terms and conditions: 7 1. Van Beurden will maintain appropriate professional boundaries with her 8 colleagues on school grounds and during employment time. 9 2. Van Beurden will give appropriate consideration to her personal life t0 ensure 1O an appropriate professional separation between issues outside of school and 1 1 work time. 12 3. Van Beurden shall comply with the Standards for Competent and Ethical 13 Performance of Oregon Educators under Oregon Administrative Rules 14 Chapter 584, Division 020. 1 5 Failure to comply with these terms constitutes an independent basis for the 16 Commission to revoke Van Beurden’s license or otherwise impose discipline, after first 17 providing her with notice and opportunity for hearing. 1 8 Issued and dated this g day of November, 2011. 19 TEACHER STANDARDS AND PRACTICES COlVIlVIISSION 20 STATE OF OREGON 52 Bg M MM 23 ictoria Cha a xecutive Director Page 4 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — VAN BEURDEN