1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND FINAL ORDER 5 CHERYL ANN GRAHAM ) OF REPRIMAND 6 On or about February 24, 2006, the Teacher Standards and Practices Commission 7 (Commission) received a report from Maryalice Russell, Superintendent, McMinnviIIe School District, 8 suggesting that Cheryl Ann Graham (Graham) failed to disclose information during a prior 9 investigation regarding child abuse. 10 Mrs. Graham fully cooperated with the Commission's investigation. After review of the matters 1 1 alleged, Mrs. Graham and the Commission agree that their respective interests, together with the 12 public interest, are best served by a stipulation to certain facts and the imposition of a Public 1 3 Reprimand. 14 This document sets forth the facts upon which the parties have stipulated and the stipulated 15 sanction to be imposed. Mrs. Graham stipulates that there is sufficient evidence in the Commission's 16 files and records to support the findings of fact, conclusions of law, and order set forth below. 17 By signing below, Mrs. Graham 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 findings of 19 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 20 rights to appeal or othenivise challenge this Stipulation of Facts, Final Order of Reprimand and 21 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and 22 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 23 contingent upon and subject to approval and adoption by the Commission. If the Commission does 24 not approve and adopt this Stipulation and Final Order, then neither Mrs. Graham nor the Commission 25 are bound by the terms herein; (iv) she has fully read this Stipulation and Final Order, and 26 understands it completely; (v) she voluntarily, without any force or duress, enters into this Stipulation 27 and Final Order and consents to issuance and entry of the Stipulated Final Order below; (vi) she 28 states that no promises or representation has been made to induce her to sign this Stipulation and Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - GRAHAM 1 Final Order; and (vii) she has consulted with an attorney regarding this Stipulation and Final Order 2 and has been fully advised with regard to her rights thereto, or waives any and all rights to consult 3 with an attorney prior to entering into this Stipulation and Final Order and issuance and entry of the 4 Stipulated Final Order below. 5 STIPULATION 0F FACTS 6 1. The Commission has licensed Cheryl Ann Graham since February 21, 1991. Mrs. Graham 7 currently holds a Standard Teaching License valid May 4, 2005 through June 1, 2010, with 8 Endorsements in Basic ESOL, Basic Reading, and Standard Elementary Education. l 9 2. When Mrs. Graham was employed at the McMinnville School District, an immediate family 10 member of hers who had been convicted of Sex Abuse l in 1982 occasionally entered school 11 premises in his capacity as a parent of students. On these occasions, the individual did not sign in or 12 obtain a visitor's pass, actions which were required by district policy. 13 3. Ms. Graham was aware of her immediate family member's conviction and of the fact that 14 the individual occasionally entered onto school premises. 15 4. The McMinnville School District found that, under the circumstances, Mrs. Graham’s failure 16 to effect her immediate family member's strict adherence to the districts visitor rules constituted a 17 violation of district policy. 18 IT IS SO STIPULATED: 19 47 01.. / l 11.44/14 [0 <25)! <65: 20 Ch- =4 in raha - . Date 2 1&1?” , 1.11/12 a M /fi 31/10 é 2 Victoria Cha -' Executive Director Date 23 Teacher Standards and Practices Commission 24 CONCLUSIONS OF LAW 25 Under the circumstances presented in this matter, Mrs. Graham’s failure to effect an 26 immediate family member's strict adherence to the district's visitor rules constituted a violation of 27 district policy. This misconduct constitutes Gross Neglect of Duty in violation of OR 584-020- Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - GRAHAM 1 0040(4)(n) as it incorporates OAR 584-020-0010(5). The Commission has authority to impose 2 discipline in this matter under ORS 342.120 through 342.430 and OAR Chapter 584. 3 ORDER 4 The Commission hereby adopts and incorporates herein the above findings of fact and 5 imposes a Public Reprimand on Cheryl Ann Graham. This Stipulation of Facts and Order 6 constitute the Reprimand. / C 161/ 7 Issued and dated this may of October 2008. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 STATE OF 1 1 By 12 Victoria Cha ' cutive D rector Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND - GRAHAM