l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Z OF THE STATE OF OREGON ‘ 3 I 4 In the Matter 0f the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION OF RIGHT 6 ABIELLA CHRISTA STODDARD ) TO APPLY 7 8 On September 16, 2014, the Teacher Standards and Practices Commission L) (Commission) issued a Notice of Opportunity for Hearing to Abiella Christa Stoddard ll.) (Stoddard) in which the Commission charged her with Gross Neglect of Duty. The l l Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7012 1010 0003 12 2804 4746 t0 the address on file with the Commission. The Notice designated the I 3 Commission file as the record for purposes of proving a prima facie case. The Certified l4 Mail was returned to the Commission as “Unclaimed”. The first class mail was not 15 returned to the Commission. The Notice of Opportunity of Hearing, dated September lo 16, 2014, and signed by Victoria Chamberlain, Executive Director, stated: l 7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l 8 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED l9 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 30 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF Z] YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR Z3 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” Z4 25 Stoddard did not request a hearing. The Commission, therefore, finds Stoddard to be in 36 default and enters the following findings of fact, conclusions of law, and final order, l7 based on the files and records of the Commission concerning this matter. 128 FINDINGS OF FACT L29 1. Abiella Stoddard has been licensed by the Commission since November 17, 2010. 30 Stoddard’s Charter School Registry with an endorsement in Language Arts (HS, ML), 3 1 was issued January 6, 2011, and expired on January 6, 2014. During all relevant 32 times, Stoddard was employed by the Renaissance Public Academy of the Molalla ,3‘: School District. .34 2. Between January 18, 2012, and August 30, 2012, the Commission received multiple 35 reports indicating Stoddard had committed acts 0f unprofessional conduct in the 36 area of unnecessary physical force with students. Investigations by the Commission .37 and school officials identified the following unprofessional conduct: PAGE 1¢DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- ABIELLA CHRISTA STODDARD 1 a. On October 5, 2011, Stoddard was issued a “Notice of Decision to Z Reprimand” regarding Stoddards use of unreasonable physical force 3 against a student (AF) when Stoddard struck the student with a book. 4 Investigative materials describe Stoddard’s conduct as “Boxing a student 5 on the head/ shoulder with a paperback book, while screaming “knock it 6 off” for being disruptive in class”. The student reported being upset by 7 Stoddard’s actions and claimed to have received a scratch or red mark 8 from Stoddard striking him with the book. During a subsequent staff 9 meeting where the incident was discussed, Stoddard stated words to the 10 effect that AF “deserved it, and I would do it again.” 1 l b. On May 15, 2012, school officials reported that Stoddard had grabbed a i 2 student (KG) by the arm, dug her fingernails into the underside 0f the arm 1 3 while yelling at the student. The involved student complained that they 14 were in pain from Stoddard’s actions for several hours. ‘ 1 5 3. On May 22, 2012, school officials terminated Stoddard’s employment in part due to a 1 16 continued pattern of inappropriate physical force against students. Commission i 1 7 investigators made numerous attempts to interview Stoddard regarding these i 1 8 allegations. Stoddard failed to comply with requests to be interviewed as required. 19 CONCLUSIONS OF LAW 20 Stoddard’s conduct constitutes gross neglect of duty in violation of ORS 21 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(1) 22 (Recognize the worth and dignity of all persons and respect for each individual), OAR 23 584~020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using 2-1 district lawful and reasonable rules and regulations); OAR 584-020-0040(4)(d) 25 (Unreasonable physical force against students, fellow employees, or visitors to the '16 school, except as permitted under ORS 339.250); and OAR 584—o2o-0040(4)(p) 27 (Subject to the exercise of any legal right or privilege, failure or refusal by an educator 128 under investigation to respond to requests for information, to furnish documents 0r to 3t) participate in interviews with a Commission representative relating to a Commission 30 investigation). 3 l PAGE 2'DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY - ABIELLA CHRISTA STODDARD 1 The Commission's authority to impose discipline in this matter is based upon ORS 2 342.175. .7‘ FINAL ORDER 4 The Commission hereby revokes Abiella Christa Stoddard’s right to apply for l 5 licensure. A? 6 IT IS so ORDERED THIS ‘51 day of October, 2014. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 8 9 1 1'] By: 1 1 Victoria Chamberlain, Executive Director 1 2 1 3 14 15 NOTICE OF APPEAL OR RIGHTS 1 6 1 7 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 18 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 19 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF If) ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — ABIELLA CHRISTA STODDARD CERTIFICATE OF MAILING I hereby certify that | served the foregoing notice of final order, certified by me as such, by mailing U S. First Class Mail and US. Certified MaiI—Return Receipt Requested, addressed to: Abiella Christa Stoddard 2311 SE Courtney RD, Apt. 13 Portland, OR 97222-8159 Dated this 3/ ‘UV day of October, 2014. By: , Pa iddell In, tigative Assistant l PAGE 1— CERTIFICATE OF MAILING- ABIELLA CHRISTA STODDARD