1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON i In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF RIGHT 6 SHELLEY ANN SHEPARD ) TO APPLY g On June 8, 2010, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Shelley Ann Shepard 10 (Shepard) in which the Commission charged her with Gross Neglect of Duty pursuant to 11 OAR 584-020-0010(1), OAR 584-020-0010(5), OAR 584-020-0025(2)(e), OAR 584- 12 020-0035(1)(c)(A), OAR 584-020-0035(1)(c)(C), OAR 584-020-0035(1)(c)(D), OAR 584- 13 020-0040(4)(a) and OAR 584-020-0040(4)(b). The Notice was sent via U.S. First Class 14 Mail and U.S. Certified Mail Receipt 7009 1410 0002 1902 5412 to the address on file 15 with the Commission. The U.S. Postal Service returned the certified mail to the 16 Commission on July 6, 2010 as unclaimed. The first class mail was not returned to the , 17 Commission, however, indicating that the address on file with the Commission was i 18 correct. The Notice of Opportunity of Hearing, dated June 8, 2010, and signed by 19 Victoria Chamberlain, Executive Director, stated: 20 ‘"‘lf a request for hearing is not received within this 21 day period, your right to a 21 hearing shall be considered waived unless your failure to request a hearing was 22 beyond your reasonable control. If you do not request a hearing or if you fail to 23 appear at a hearing, the Commission will adopt an order of default which may 24 include the revocation or suspension of your license or other discipline." 52 Ms. Shepard did not request a hearing. The Commission, therefore, finds Ms. 27 Shepard to be in default and enters the following findings of fact, conclusions of law and 28 order, based on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Shepard has been licensed as a teacher in Oregon since August 26, 2005. Her current 31 Initial I Teaching License, issued on August 26, 2005, expired on August 13, 2009. 32 During all relevant times, Shepard was employed by the Salem-Keizer School District. 33 2. While employed at Auburn Elementary School, Shepard maintained a relationship with 34 a male student at North Salem High School. Shepard discussed sexual topics with the 35 student. Shepard allowed the student to use her personal vehicle. Shepard allowed PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- SHEPARD, SHELLEY ANN 1 this student to spend time at her home, including allowing the student to stay at her 2 home on weekends when she was not present, and met the student there when he 3 expressed the desire to have a romantic interest. Shepard also expressed to staff that 4 she believed the male student had romantic feelings for her. On one occasion Shepard 5 displayed to staff members where the same male student had labeled parts of her body 6 with ink, after Shepard fell asleep at her home with the male student present. Shepard 7 also showed staff members text messages from this student containing sexual 8 language, such as “suck dick". 9 3. While teaching at Auburn Middle School, you left the student teacher, Ashli Smith, in 10 your classroom without supervision. At times you directed the same student teacher to 11 use your personal vehicle to run errands for you. ‘ 12 4. While teaching at Auburn Middle School, Shepard created a sexually hostile work 13 environment for the student teacher under her direction, by exposing her to sexually 14 charged conversations, showing her text messages from a male high school student 15 with sexual language, and giving a gift of a sex toy to her. 16 5. While teaching at Auburn Middle School, Shepard conducted her private business, 17 Maximum Velocity All Stars, a cheerleading gym, during school time. Specifically 18 Shepard used school district computers and her school district email address to conduct 19 private business. Shepard also used the names of Salem-Keizer school in furtherance 20 of her business without permission. 21 CONCLUSIONS OF LAW 22 Shelley Ann Shepard's relationship with a male student as described above 23 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 24 OO40(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 25 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(1)(c)(A) (Not demonstrating 26 or expressing professionally inappropriate interest in a student's personal life), (C) 27 (Reporting to the educator's supervisor if the educator has reason to believe a student is 28 or may be becoming romantically attached to the educator), and (D) (Honoring ~ 29 appropriate adult boundaries with students in conduct and conversations at all times) 30 Shepard's conduct toward the student teacher under her direction constitutes gross 31 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- SHEPARD, SHELLEY ANN 1 incorporates OAR 584-020-0010(1) (Recognize the worth and dignity of all persons and 2 respect for each individual) and OAR 584-020-0010(5) (Use professional judgment). 3 Shepard conducted a private business during school time and using District materials 4 and district names without permission. This conduct constitutes gross neglect of duty in 5 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584- 6 020-0010(5) (Use professional judgment), and OAR 584-020-0040(4)(a) (Knowing and 7 substantial unauthorized use of: school name or financial credit; school materials or 8 equipment for personal purposes; or school personnel to provide personal services 9 unrelated to school business) and OAR 584-020-0040(4)(b) (Knowing and substantial 10 unauthorized use of employment time or school resources for private purposes). The 11 Commission's authority to impose discipline in this matter is based upon ORS 342.175. 12 FINAL ORDER 13 The Commission hereby revokes Shelley Ann Shepard’s right to apply for 14 an educator license. W 15 IT IS SO ORDERED THIS Q day of August, 2010. 16 TEACHER STANDARDS AND PRACTICES COMMISSION 17 . 18 19 - M,’ 20 Victoria am ' , Executive Director 21 22 23 24 NOTICE OF APPEAL OR RIGHTS 25 26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 27 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 28 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 29 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 30 PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- SHEPARD, SHELLEY ANN _ l CERTIFICATE OF MAILING l hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: Shelley Ann Shepard 7141 Verite Drive Sparks NV 89436 Dated this )yday of April, 201 1. /. /.1 ) By: ' ’ ' a. 'l Melo~y Hans Exec ive Ass PAGE 1- CERTIFICATE OF MAILING—SHEPARD, SHELLEY ANN