1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS

4 Licensure of ) AND FINAL ORDER

5 LORRAINE CONSILIVER ) OF REPRIMAND

6 On January 8, 2009, the Teacher Standards and Practices Commission (Commission)

7 received a report from the North Wasco County School District that stated a fourth grade

8 student reported that Mrs. Consoliver hit him during program practice. I

9 Consoliver fully cooperated with the Commission's investigation. After review of the
10 matters alleged, Consoliver and the Executive Director agree that their respective interests,
11 together with the public interest, are best served by a stipulation to certain facts and a public
12 reprimand.
15 This document sets forth the facts upon which the parties have agreed and the
14 stipulated sanction to be imposed. Consoliver stipulates that there is sufficient evidence in the
15 Commission's files and records to support the findings of fact, conclusions of law, ‘and order set
I6 forth below.
17 By signing below, Consoliver acknowledges, understands, stipulates, and agrees to the
18 following: (i) she has been fully advised of her rights to notice and a hearing to contest the
19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
20 such rights and any rights to appeal or othenNise challenge this Stipulation of Facts and Final
21 Order of Reprimand (Stipulation and Finai Order); (ii) this Stipulation and Final Order is a public
22 document and disclosed to the public by the Commission upon request; (iii) this Stipulation and
23 Final Order is contingent upon and subject to approval and adoption by the Commission. If the
24 Commission does not approve and adopt this Stipulation and Final Order, then neither
25 Consoliver nor the Commission are bound by the terms herein; (iv) she has fully read this
26 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without any force
27 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the

Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — CONSOLIVER

1 Stipulated Final Order below; (vi) she states that no promises or representations have been
2 made to induce her to sign this Stipulation and Final Order; and (vii) she has consulted with an
3 attorney regarding this Stipulation and Final Order and has been fully advised with regard to her
4 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this
5 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below.
6 STIPULATION 0F FACTS
7 1. Lorraine Consoliver currently holds a Standard Teaching License that was issued by
8 the Commission on June 15, 2005. The license is valid through June 14, 2010.
9 2. On May 15, 2008 Consoliver was substitute teaching an elementary music class in
10 the North Wasco County School District.
11 3. During practice for a music program Consoliver noticed a student engaged in
12 conversation with classmates. Concerned that he would miss the cue for the bow Consoliver
13 reports that she attempted to redirect the student.
14 . 4. The attempted redirection resulting in students and staff reporting that the student was
15 slapped or bopped. The student suffered no visible injury. Consoliver denied intentionally
16 striking the student.
17 5. Consoliver underwent an evaluation following this incident which resulted in a
18 conclusion that she “is fit to continue her current duties as music teacher.”
l9 lT IS SO STIPULATED AND AGREED TO:
20 “3/ t \ 2:5 . /
21 \jm'rm gfmé gdwci W 576/ 0 <7
22 Lor ain onsoliver Date
23 *
24 l % < ngél/K/ 74°2 #42
25 Victoria Ch e i Executive Director Date
26 Teacher Standards and Practices Commission
27 Ill
28 lII
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — CONSOLIVER

1 CONCLUSION 0F LAW
2 On May 15, 2008 Lorraine Consoliver struck a student in an attempt to redirect his
3 attention. This conduct constitutes Gross Neglect of Duty in violation of OAR 584-020-
4 0040(4)(n) as it incorporates OAR 584-020-010(5) (Use professional judgment). The
5 Commission has the authority to impose discipline in this matter under ORS 342.120 through
6 342.430 and OAR Chapter 584.
7 FINAL ORDER
x The Commission hereby adopts and incorporates herein the above findings of fact and
9 conclusion of law and based thereon, here by imposes a Public Reprimand on Lorraine
10 Consoliver. This Order shall serve as the Public Reprimand.
11 Issued and dated thisé day of May, 2009.
12 TEACHER STANDARDS AND PRACTICES COMMISSION
13 STATE OF ORE N
14
\
. 15 , y: M
16 ‘ Victoria berlain, Executive Director
17 Account Number: 18111
Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — CONSOLIVER