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1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPUIATION OF FACI‘ S AND
4 Educator License of: r ) FINAL ORDER OF SUSPENSION
5 ) OF RIGHT TO APPLY AND
6 BRETT ELLEN-ANNE HUTWAGNER ) PROBATION
g On May 5, 2011, the Commission received a report from Portland Public Schools '
9 alleging that Hutwagner may have engaged in conduct constituting Gross Neglect of
10 Duty.
1 1 After review of the matters alleged, I-Iutwagner 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 a 3 month suspension of Hutwagner’s right to apply for
14 teaching license in the State of Oregon, plus a 4 year period of probation. Hutwagner >
15 stipulates that there is sufficient information contained in the Commission’s files to
16 support the stipulation of facts set forth below.
17 By signing below, Hutwagner acknowledges, understands, stipulates, and agrees
18 to the following: (i) she has been fully advised of her rights to notice and a hearing to
19 contest the findings of fact, conclusions of law, and order set forth below, and fully and
20 finally waives all such rights and any rights to appeal or otherwise challenge this
21 Stipulation of Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this
22 Stipulation and Final Order is a public document and disclosed to the public upon
23 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
24 subject to approval and adoption by the Commission. If the Commission does not
25 approve and adopt this Stipulation and Final Order, then neither Hutwagner nor the
26 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and
27 Final Order, and understands it completely; (v) she voluntarily, without any force or
28 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
29 the Stipulated Final Order below; (vi) she states that no promise or representation has
3O been made to induce him to sign this Stipulation and Final Order; and (vii) she has
31 consulted with an attorney regarding this Stipulation and Final Order and has been fully
32 advised with regard to her rights thereto, or waives any and all rights to consult with an
33 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
34 the Stipulated Final Order below.
Page 1 STIPULATION 0F FACTS AND 3 MONTH SUSPENSION - HUTWAGNER, BRETT
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1 STIPULATION OF FACTS
2 1. Brett Hutwagner has been licensed since September 14, 2006. She last held an
3 Initial II Teaching License issued July 27, 2010, with endorsements in Basic
4 Mathematics (ML), Multiple Subjects (MIDLVL) and Integrated Science (ML), that
5 expired on July 26, 2013. During all relevant times, Hutwagner were employed by
6 the Portland Public Schools District.
7 2. On or around November 10, 2010, the school district received two patron complaints
, 8 alleging that Hutwagner had engaged in inappropriate conduct in the classroom.
9 District investigation revealed that students complained of Ms. Hutwagner using
10 derogatory and demeaning terms in class. Investigation also revealed that Ms.
1 1 Hutwagner held a class vote to exclude 4 students from participating in a science
12 project for poor classroom behavior. '
13 3. After being alerted of the two complaints referenced in paragraph 2, Ms. Hutwagner
14 requested a substitute teacher to cover her classroom in order to speak to a union
15 representative. Ms. Hutwagner left her classroom before the substitute arrived,
16 requiring an administrator to cover her classroom until the substitute arrived.
17 Neither the administrator nor the substitute found lesson plans or directions for
18 substituting in the classroom.
19 4. On March 17, 2014, Hutwagner encountered a student out of class in the hallway
20 during class time. When she approached the student at the locker, Hutwagner and
21 the student touched in a way that made Hutwagner feel uncomfortable. She pushed
22 the student backward and he stumbled. After this incident Hutwagner was warned , _
23 and instructed ‘not to put your hands on students.” On April 18, 2011 Hutwagner
24 was involved in another altercation with a misbehaving student. In this instance,
25 Hutwagner pushed a chair toward the student, hitting her in the leg. Hutwagner
26 than grabbed the student by the arms and forced her to sit in the chair. Hutwagner
27 was issued a letter of reprimand and final warning based for using unreasonable
28 physical force. Hutwagner was also suspended without pay for five days and was
29 required to undergo counseling through the employee assistance program.
30 5. On or about October 2011, multiple students complained about what they perceived l
_ 31 were racist comments or singling out of minority students in the classroom. The j
32 resulting investigation found that Hutwagner used derogatory terms and made race-
33 oriented statements that students perceived as being racist.
Page 2 STIPULATION OF FACTS AND 3 MONTH SUSPENSION - HUTWAGNER, BRETI'

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1 6. Between September 2011 and November 2011, administrators observed that
2 Hutwagner left her classroom unsupervised by a licensed teacher on four separate
3 occasions despite prior warnings and instructions not to leave the classroom
4 unsupervised without a licensed teacher.
5
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12 1ctoria Cha ‘19"’: ecutive Director Date
13 Teacher Standar . . . Practices Commission
14 CONCLUSIONS OF LAW
15 1. By engaging in the conduct in paragraph 2, Hutwagner committed Gross Neglect
16 of Duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it
17 incorporates OAR 584-o2o-oo1o(1) (Recognize the worth and dignity of all
18 persons and respect for each individual), OAR 584-o2o-oo1o(5) (Use I
19 professional judgment), OAR 584-020-0015(2)(e) (Skill in the selection and use
20 of teaching techniques conducive to student learning), OAR 584-020-
21 oo2o(2)(d)(Skill in the supervision of students); OAR 584-020-
22 0025(2)(a)(Establishing and Maintaining classroom management that is
23 conductive to learning); OAR 584-020-oo3o(2)(b) (Sk-Hl in communicating with
24 administrators, students, stufi‘, parents, and other patrons).
25 2. By engaging in the conduct in paragraphs 3 and 6, Hutwagner committed Gross
26 Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it
27 incorporates OAR 584-020-0010(5) ( Use professional judgment), OAR 584-020-
28 0020(2)(d) (Skill in the supervision of students), OAR 584-020-
29 0025(2)(a)(Establishing and Maintaining classroom management that is '
Page a STIF'ULATION OF FACTS AND a MONTH SUSPENSION - HUTWAGNER, BRETT

1 conductive to learning); OAR 584-020-0025(2)(e)(Using district lawful and
2 ' reasonable rules and regulations).
_ 3 3. By engaging in the conduct in paragraph 4, Hutwagner committed Gross Neglect
4 of Duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it
5 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-
6 0020(2)(d) (Skill in the supervision of students), OAR 584-020-
7 0025(2)(e)( Using district lawful and reasonable rules and regulations); and
8 OAR 584-020-004o(4)(d) (Unreasonable physical force against students, fellow
9 employees, or visitors to the school, except as permitted under ORS 339.250).
10 4. By engaging in the conduct in paragraph 5, Hutwagner committed Gross Neglect
11 of Duty in violation of ORS 342.175(1)(b); OAR 584e020-0040(4)(n) as it
12 incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of all
13 V persons and respect for each individual), OAR 584-020-0010(5) (Use
14 professional judgment), OAR 584-020-0015(2)(e) (Skill in the selection and use
15 of teaching techniques conducive to student learning), OAR 584~020-0030(2)(b)
16 (Skill in communicating with administrators, students, staff, parents, and other
17 patrons); and OAR 584—020-oo40(4)(o) as it incorporates OAR 584-020-
18 oo35(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct
19 and conversations at all times)
20 5. The Commission’s authority to impose discipline in this matter is based upon
21 ORS 342.175. i
22
23 ORDER
24 ' 1. Based on the foregoing, the Commission hereby suspends Mr. Hutwagner’s right t
25 to apply for a teaching license for 3 months beginning the date that this order is
26 signed by the Executive Director below.
Page 4 STIPULATION OF FACTS AND 3 MONTH SUSPENSION - HUTWAGNER, BRE'IT

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1 2. The Commission further places Ms. Hutwagner on probation for a period of 4
2 years beginning the date that she reinstates her suspended license. During the
3 period of probation, Ms. Hutwagner will be subject Ms. Hutwagner must follow
4 the standards set by TSPC and state law for Oregon
5 3. Violation of any term or condition of probation shall constitute an independent
6 basis for the Commission to revoke Ms. Hutwagner's teaching license or
7 otherwise impose discipline, after first providing Ms. Hutwagner with notice and
8 opportunity for hearing.
9 Lt’: )4ugusi
10 Issued and dated this day ofififl', 2014. >
1 1 TEACHER STANDARDS AND PRACTICES COMMISSION
12 STATE OF GON
13 5% 42W
14 By
15 Victoria Chamber ain, cutive Director
\
Page 5 STIPULATION OF FACTS AND a MONTH SUSPENSION - HUTWAGNER, BRETT

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension of
Right to Apply and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S.
Certified Mail - Return Receipt Requested, addressed to:
Brett Ellen-Anne Hutwagner
11020 SE Harold Street
Portland, OR 97266-4256
DATED this Z44 day of August, 2014.
By:
P Liddell
I estigative Assistant
CERTIFICATE OF MAILING — HUTWAGNER, BRETT ELLEN-ANNE