_ RECEIVED NOV 0 4 2013 1 BEFORE THE TEACHIS ST AN DARDS AND PRACTICES CO I‘ ~ mp9; Standards a Practices Commission 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAND 5 KATHLEEN HOLDEN PARISH ) AND PROBATION . g On or about June 25, 2012, the Teacher Standards and Practices Commission i 8 (Commission) received a report from the Southern Oregon Education Service District 9 (SOESD), alleging professional misconduct on the part of licensed educator, Kathleen 10 Elizabeth Holden Parish (Parish). 1 1 After review of the matters alleged, Parish and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation to 13 certain facts and the imposition of a Public Reprimand and four year Probation. 14 This Order sets forth the facts upon which the parties have agreed and the 15 sanction to be imposed. Parish stipulates that there are sufficient facts contained in the 16 Oonunission’s files and records to support the findings of fact and conclusions of law set 17 forth below. In entering into this stipulation, Parish waives the right to a hearing to 1 8 contest the findings of fact, conclusions of law and order set forth below. 1 9 By signing below, Parish acknowledges, understands, stipulates, and agrees to the 20 following: (i) she has been fully advised of her rights to notice and a hearing to contest 21 the findings of fact, conclusions of law, and order set forth below, and fully and finally 22 waives all such lights and any rights to appeal or otherwise challenge this Stipulation of 23 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii) 24 this Stipulation and Final Order is a public document and disclosed to the public upon 25 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 26 subject to approval and adoption by the Commission. If the Commission does not 27 approve and adopt this Stipulation and Final Order, then neither Parish nor the 28 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and 29 Final Order, and understands it completely; (v) she voluntarily, without any force or 3O duress, enters into this Stipulation and Final Order and consents to issuance and entry of 31 the Stipulated Final Order below; (vi) she states that no promise or representation has 32 been made t0 induce her to sign this Stipulation and Final Order; and (vii) she has 33 consulted with an attorney regarding this Stipulation and Final Order and has been fully 34 advised with regard to her rights thereto, or waives any and all rights to consult with an Page 1 STlPULATlON 0F FACTS AND ORDER 0F REPRlMAND AND PROBATION - PARISH-HOLDEN, KATHLEEN 1 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 2 the Stipulated Final Order below. l 3 STIPULATION 0F FACTS i 4 1. The Commission has licensed Parish since April 25, 2007. Parish’s Continuing 5 Teaching License, with an endorsement in Special Education (ML/ HS, FCE/ELE 6 L), issued on August 3o, 2013, expires on May 3, 2018. During all relevant times, 7 Parish was employed by the SOESD. 8 2. During an audit of caseload and services, the SOFSD discovered significant 9 inconsistencies and inaccuracies regarding Parish’s claims for reimbursement of 1O mileage. These inaccuracies spanned the time between November 2011 and May 1 1 2012. Parish’s inaccurate mileage claims included claims that Parish had traveled 12 to locations when she had not. Review of the inaccurate claims indicates that 13 Parish’s motivation does not appear to have been based on monetary gain, but an 14 attempt to simplify the process of the claims. 15 3. Prior to the audit discoveries mentioned in section two (2) above, Parish had 16 been counseled concerning a different issue regarding mileage claim 17 inaccuracies, and Parish was directed to make improvements in that area. 13 / / / 19 / / / 20 IT IS SO STIPULATED: g2 l !'r,yl~'i. 4p‘; 94"‘ A . lolmllgl 2 23 >ti'l'veen .| if den Parish . Date 5‘ ' K 117%’121. 1.41-4 m 26 Victoria Q; u 7; utive Director Date 27 Teacher . ld¢ n. m | Practices Commission 28 CONCLUSION OF LAW 29 The conduct described above constitutes gross neglect of duty in violation 0f ORS 3O 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use 31 professional judgment), OAR 584-020-0025(2)(e) (Using district lawfirl and 32 reasonable rules and regulations); and OAR 584-020-0040(4)(c) (Knowing 33 falsification of any document or knowing misrepresentation directly related to 34 licensure, employment, 0r professional duties). The above conduct also constitutes 35 gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(b) (Fraud or 36 misrepresentation). Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — PARISH-HOLDEN, KATHLEEN 1 The Commission’s authority to impose discipline in this matter is based upon 2 ORS 342.175. 3 ORDER 4 Based on the foregoing, the Commission hereby orders as follows: 5 1. The Commission adopts and incorporates herein the above findings of fact and 6 conclusions of law, and based thereon, imposes a Public Reprimand on 7 Kathleen Elizabeth Holden Parish’s Educators license; 8 2. Parish is hereby placed on probation for a period of four (4) years from the date 9 this order is signed by the Commission subject to the following conditions: 10 a. Parish shall comply with the Standards for Competent and Ethical 1 1 Performance of Oregon Educators under Oregon Administrative Rules 12 Chapter 584, Division 020. 1 3 Violation of any term or condition of probation shall constitute an independent basis 14 for the Commission to revoke Parish’s teaching license, revoke her right to apply for a 15 license, or otherwise impose discipline, after first providing Parish with notice and 16 0 rtuni for hwri . , PP0 ty DB. A, 17 Issued and dated this [2 day of November, 2013. 18 TEACHIS STANDARDS AND PRACTICES COMMISSION 19 STATE OF OREGON 20 ..\ ' ’ 1 / ‘I/ - 21 , / 22 Victoria Chamberlain, Executive Director l i Page 3 STIPULATION 0F FACTS AND ORDER OF REPRIMAND AND PROBATION - PARISH-HOLDEN, KATHLEEN