“WM-Hm Fl EG E WED ' MAR 2 7 2013 ‘giiféi'éfiimxgggfl ORE THE TEACHER STANDARDS AND PRACTICES COMMISSION “T” OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAND 5 PAUL JOSEPH MURPHY ) '6] On October 21, 2011, the Commission received information from the Malheur 8 Education Service District (MESD) on behalf of Superintendent Labrousse regarding 9 Paul Joseph Murphy (Murphy). It was reported that Murphy may have violated 1 10 pnofasional standards by failing to provide 60 days notice of resignation as required by 1 1 contract and State Law ORS 342.5530). i 12 After review of the matters alleged, Murphy and the Commission agree that their ; 1 3 respective interests, together with the public interest, are best served by a stipulation to i 14 certain facts and the imposition of a reprimand. 15 By signing below, Murphy acknowledges, understands, stipulates, and agrees to 16 the following: (i) he has been fully advised of his lights to notice and a hearing to contest 17 the findings of fact, conclusions of law, and order set forth below, and fully and finally 18 waives all such rights and any rights to appeal or otherwise challenge this Stipulation 0f 19 Facts and Final Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation 20 and Final Order is a public document and disclosed to the public upon request by the 21 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 22 approval and adoption by the Commission. If the Commission does not approve and 23 adopt this Stipulation and Final Order, then neither Murphy nor the Commission are 24 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 25 understands it completely; (v) he voluntarily, without any force or duress, enters into 26 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 27 Final Order below; (vi) he states that no promise or representation has been made to 28 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 29 attorney regarding this Stipulation and Final Order and has been fully advised with 30 regard to his rights thereto, or waives any and all rights to consult with an attorney prior 31 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 32 Final Order below. 33 STIPULATION OF FACTS 34 1. Paul Murphy has been licensed by the Commission since January 7, 2011. Murphy held 35 an Initial Teaching License, with an endorsement in Multiple Subjects (MIDLVL), and 36 Social Studies (HS, ML), issued January 7, 201 1, which expired on July 7, 2012. During Page 1 STIPULATION OF FACTS AND FINAL ORDER 0F REPRIMAND - MURPHY, PAUL JOSEPH l 1 all relevant times, Murphy was employed by the Malheur Education Service District 2 (MESD). 3 2. On October 21, 2011, the Commission was notified by MESD that Murphy may have 4 violated professional standards by failing to provide 60 days notice of resignation as 5 required by contract and State Law ORS 342.553(1). 6 3. The Commission conducted an investigation and learned that while under contract with 7 MESD, Murphy r$igned his employment without providing the required 6o day notice 8 as detailed in Murphy’s employment contract and established in State Law. On July 26, 9 2011, Murphy signed employment contracts with MESD for the school year of 2011-2012. 10 On September 25, 2011, Murphy submitted his resignation to the superintendent 1 1 effective immediately. Murphy advises that he resigned due to a family issue (parenfs 12 poor health) and needed to relocate Murphy was aware of the requirements and 13 consequences, regarding his breach of contract. 14 4. MESD reported that the Murphy‘s sudden resignation caused the district and the 15 alternative education program and students difficulties. It took approximately 30 days 16 for MESD to fill Murphy’s vacated position. The Commission’s investigation determined 17 that there were possible alternatives to a sudden resignation that may have served all 18 parties and students better; FMLA/OFLA leave for example. 19 IT IS SSTIPULATED: 20 I” / 21 “OM-(Z 2L4. ;’g2>5_2-5 22 Pa 1 , a I v 1 / Date 23 7W ‘ _, ~ _ 24 1 ~’ flmuZ/Jyfl_ j, , / '7! 3) (i 25 Victoria W - in, ecutive Director Date 26 Teacher Standards an l Practices Commision 27 CONCLUSION OF LAW 28 Paul Joseph Murphy failed to complete his contract and failed to provide the 29 required 60 day notice of resignation, providing no advanced notice as detailed above. 3O This conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 31 584-020-004o(4)(n) as it incorporates OAR 584-020-001O(5) (Use professional 32 judgment); and OAR 584-o2o-oo4o(4)(j) (Resignation from a contract in violation of 33 ORS 342653)- Page 2 STIPULATION OF FACTS AND FINAL ORDER 0F REPRIMAND - MURPHY, PAUL JOSEPH 1 The Commission’s authority to impose discipline in this matter is based upon 2 ORS 342.175. 3 ORDER 4 The Commission adopts and incorporates herein the above findings of fact and 5 conclusions of law, and based thereon, imposes a Public Reprimand on Paul Joseph 6 Murphy’s Initial Teaching License. 7 Issued and dated thisflfgay of April, 2013. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 STATE OF a; EGON / 12> B, flaw 11%.“..‘22 12701ia Chamb . ive Director 1 1 . Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - MURPHY, PAUL JOSEPH CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Paul Joseph Murphy 8000 Offenhauser Dr Apt 9B ‘ Reno, NV 89511-1388 . re DATED this / day of May, 2013. By: a ~ 7 ,V Pat Liddell Investigative Assistant l l i CERTIFICATE OF MAILING — MURPHY, PAUL JOSEPH ‘ 1 1