l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) DEFAULT ORDER OF 5 Charter SchoolRegistration 0f ) REVOCATION 0F RIGHT 6 JENNIFER KRISTEN MAGUIRE ) TO APPLY S 0n April 5, 2012, the Teacher Standards and Practices Commission (Commission) issued 9 a Notice of Opportunity for Hearing to Jennifer Kristen Maguire (Maguire) in which the 10 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class 11 Mail and U.S. Certified Mail Receipt 7010 2780 oooo 2187 4184 to the address on file with the 12 Commission. The Notice designated the Commission file as the record for purposes of proving a 13 prima facie case. The Certified Mail was returned as “Unclaimed” on April 30, 2012. The 14 regular mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated 15 April 5, 2012, and signed by Victoria Chamberlain, Executive Director, stated: 16 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l7 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 19 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 20 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 21 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 22 DISCIPLINE.” 23 Maguire did not request a hearing. The Commission, therefore, finds Maguire to be in default 25 and enters the following findings of fact, conclusions of law and order, based on the files and 26 records of the Commission concerning this matter. 27 FINDINGS OF FACI‘ 28 1. Maguire has been registered as a charter school teacher in Oregon since March 24, 2008. 29 She held a Charter School Registry issued March 24, 2008, with an endorsement in Multiple 30 Subjects Self-Contained (ELE), which expired on March 24, 2011. During all relevant times, 31 Maguire was employed by the Eugene 4J School District, Ridgeline Charter School. ‘ 32 2. While employed with the Ridgeline Charter School, Maguire engaged in inappropriate l 33 conversations with students on the social media website Facebook.com. The conversations 34 included sexually explicit subjects. 35 3. Maguire’s responses, during her interview with a Commission investigator concerning her 36 understanding of how Facebook.com functions, did not match the context 0f the 37 conversation Maguire engaged in on the social networking site. The inconsistency of 38 Maguire’s statements from her conduct indicates that Maguire attempted to misrepresent or 39 minimize her conduct during the interview. PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- MAGUIRE, JENNIFER KRISTEN 1 CONCLUSIONS OF LAW 2 Jennifer Kristen Maguire’s conduct described in #2 above constitutes gross neglect of 3 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584- 4 020-0010(1) (Recognize the worth and dignity of all persons and respect for each individual), 5 OAR 584-020-0010(5) (Use professional judgment); OAR 584-020-004o(4)(o) as it 6 incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with 7 students in conduct and conversations at all times); and OAR 584-020-0040(4)(t) (Any sexual 8 conduct with a student) as that term is defined by OAR 584-o2o-ooo5(5). 9 Jennifer Kristen Maguire’s conduct described in section #3 above, constitutes gross 10 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates 11 OAR 584-020-0010(5) (Use professional judgment); and OAR 584-020-0040(4)(c) (Knowing 12 falsification of any document or knowing misrepresentation directly related t0 licensure, l3 employment, or professional duties). 14 The Commission’s authority to impose discipline in this matter is based upon ORS 15 342.175. 16 FINAL ORDER 17 The Commission hereby revokes the right to apply for licensure or registration of l8 Jennifer Kristen Maguire from the effective date of this order. 19 IT 1s so ORDERED THIS 6'73 '3] day of October, 2012. 20 TEACHER STANDARDS AND PRACTICES COMMISSION 21 22 23 By: 24 Victoria Chamberlain, Executive Director 25 26 27 28 NOTICE OF APPEAL OR RIGHTS 29 3O YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 31 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 32 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 33 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- MAGUIRE, JENNIFER KRISTEN CERTIFICATE OF MAILING I 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: Jennifer Kristen Maguire 143 W Hilliard Ln Eugene, OR 97404 Dated this Q2 :é £2} day of October, 2012. By: Z2¢ Cristina dgar Investigator PAGE 1- CERTIFICATE OF MAILING— MAGUIRE, JENNIFER KRISTEN