1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 DEBORAH LEIGH BARRY ) REVOCATION OF RIGHT TO APPLY FOR 6 ) AN EDUCATOR LICENSE 7 8 9 On August 30, 2012, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Deborah Leigh Barry (Barry) in which the 11 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class 12 Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 1643 to the address on file with the 13 Commission. The Notice designated the Commission file as the record for purposes 0f proving a l4 prima facie case. The Certified Mail was not returned to the Commission, and the return receipt 15 was received by TSPC on September 12, 2012. The regular mail was not returned to the 16 Commission. The Notice of Opportunity of Hearing, dated August 30, 2012, and signed by 17 Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 19 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 20 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 21 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 22 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 23 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 24 DISCIPLINE.” 25 26 Barry did not request a hearing. The Commission, therefore, finds Barry to be in default and 27 enters the following findings of fact, conclusions of law, and final order, based on the files and 28 records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Deborah Leigh Barry has been licensed by the Commission since November 7, 2008. Barry’s 31 Restricted Substitute License endorsed with Substitute Any Specialty (PP-12), was issued 32 November 7, 2008, and expired on November 7, 2011. During all relevant times, Barry was 33 employed by the Central School District. 34 2. Beginning in February 2011, Barry was counseled by her supervisor for failing to maintain 35 appropriate boundaries with a male student. Barry’s inappropriate conduct continued, and Barry 36 was verbally counseled multiple times from February 2011 through January 2012. In addition to the 37 counseling sessions, Barry was provided in-service training regarding appropriate teacher/ student 38 boundaries. On September 26, 2011, Barry was issued a “Letter of Directive” by her supervisor to 39 cease all contact with the involved male student. Despite the multiple counseling sessions, the re- PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSE- BARRY, DEBORAH LEIGH l training, and the directive, Barry violated district policy and written directives and continued to 2 have contact with the male student. On January 25, 2012, Barry was issued a written reprimand for 3 her actions. On March 9, 2012, the School Board considered the Superintendent’s recommendation 4 for Barry’s dismissal. On or around March 11, 2012, Barry resigned her employment upon learning 5 that she was going to be terminated from employment. 6 CONCLUSIONS OF LAW 7 Barry’s conduct described in section two (2) above, constitutes gross neglect of duty in 8 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 9 0010(5) (Use professional judgment),OAR 584-020-0025(2)(e) (Using district lawful and 10 reasonable rules and regulations); and OAR 584-020-0040(4)(0), as it incorporates OAR 584- 1 1 020-0035(1)(c)(D)(H0noring appropriate adult boundaries with students in conduct and 12 conversations at all times). l3 Furthermore, the conduct described above demonstrates that Barry lacks good moral l4 character, mental or physical fitness to hold a license as required under ORS 342.143(2). 15 The Commission's authority to impose discipline in this matter is based upon ORS 16 342.175. l7 FINAL ORDER 18 The Commission hereby revokes Deborah Leigh Barry’s right to apply for educator 19 licensure. 4,‘, 20 IT 1s so ORDERED THIS [5 day of February, 2013. 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 By: 23 Victoria Chamberlain, Executive Director 24 25 26 27 NOTICE OF APPEAL OR RIGHTS 28 29 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 30 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 31 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 32 THE OREGON COURT OF APPEALS. I . PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSE- BARRY, DEBORAH LEIGH 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: Deborah Leigh Barry 1407 Gwinn St E Monmouth, OR 97361 Dated this (5%‘ day of February, 2013. By: Patt dell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— BARRY, DEBORAH LEIGH