1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OFTHE STATE OF OREGON

3 ln the Matter of the ) STIPULATION OF FACTS,

4 Teaching License of ) AND FINAL ORDER

5 RUTH ELLEN GELBRICH ) OF REPRIMAND

6 On March 22, 2007, the Teacher Standards and Practices Commission (Commission)

7 received a complaint that Licensee Ruth Ellen Gelbrich (Gelbrich) had violated Commission

8 standards during a contested special education due process hearing

9 Gelbrich fully cooperated with the Commission's investigation in this matter. After review
10 of the matters alleged, Gelbrich and the Commission agree that their respective interests,
11 together with the public interest, are best served by a stipulation to certain facts and the
12 imposition of a public reprimand.
13 This document sets forth the facts upon which the parties have agreed and the
14 stipulated sanction to be imposed. Gelbrich 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
16 forth below.
17 By signing below, Gelbrich 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 fo'rth below, and fully and finally waives all
20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
21 Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public
22 document and disclosed to the public upon request by the Commission; (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 Gelbrich
25 nor the Commission are bound by the terms herein; (iv) she has fully read this Stipulation and
26 Final Order, and understands it completely; (v) she voluntarily, without any force or duress,
27 enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated

Page 1 - STlPULATlON OF FACTS AND FlNAL ORDER OF REPRlMAND - GELBRlCH

1 Final Order below; (vi) she states that no promises or representation has been made to induce

2 her to sign this Stipulation and Final Order; and (vii) she has consulted with an attorney

3 regarding this Stipulation and Final Order and has been fully advised with regard to her rights

4 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 OF FACTS

7 1. The Commission has licensed Ruth Ellen Gelbrich since October 14, 1985. Gelbrich

8 currently holds a Standard Administrator License valid November 19, 2005, through November

9 18, 2010, with a Standard Administrator endorsement.
10 2. Gelbrich is employed with the Salem-Keizer School District as the District Student
11 Services Director. Gelbrich has n0 previous disciplinary issues.
12 3. In August 2007 Gelbrich attended, as her district's representative, a due process
13 hearing regarding a student's individualized educational program (IEP). At all times during that
14 hearing the district was formally represented by its attorney.
15 4. During hearing proceedings a college faculty member, who was called as a
16 telephonic witness, gave derogatory testimony regarding the preparation and performance of
17 district professional staff members.
18 5. With the intention of consulting with the district's legal representative, Gelbrich
19 composed an e-mail message to the witness, and the witness's supervisors noting the irony of
20 his criticism of district professional staff the training of whom he, as a faculty member, had
21 overseen. Gelbrich was unfamiliar with her recently acquired laptop computer and has told the
22 Commission that she inadvertently transmitted the message before the witness had completed
23 his testimony.
24 6. When Gelbrich discovered that the message had been transmitted she immediately
25 left the hearing and unsuccessfully sought the assistance of district technicians to halt
26 transmittal of the message.

Page 2 - STIPULATION 0F FACTS AND FINAL ORDER OF REPRIMAND - GELBRICH

1 7. The witness received the e-mail message before he was excused as a witness and
2 immediately brought the message to the attention of the hearings officer who regarded the
3 message as disruptive of the hearing. Upon learning that the message had been viewed by the
4 witness Gelbrich immediately apologized.
5 IT IS SO STIPULATED AND AGREED TO:
6
7 Egg Ettomgittm lO/Z'VOY
8 Ruth Ellen Gelbrich Date
9 .
10 ‘WMMQ #523241?-
11 Ictoria Cham ‘ ecutive Director Date Mflfi j
12 T h St ndard dP t' C " ‘
13 eac er a s an rac Ices ommIssIon //_3,flg 11/
14 CONCLUSIONS OF LAW
15 The foregoing described conduct is deemed by the Commission to have constituted
16 gross neglect of duty in violation of OAR 584-020-0040(4)(o) as It incorporates OAR 584-020-
17 0035(2)(b), Conduct professional business, including grievances, through established lawful
18 and reasonable procedures. The commission has authority to impose discipline in this matter
19 under ORS 342.120 through 342.430 and OAR Chapter 584.
20 FINAL ORDER
21 The Commission hereby adopts and incorporates herein the above findings of fact,
22 conclusions of law, and based thereon hereby imposes a Public Reprimand upon Ms. Gelbrich.
23 The Stipulation of Facts, Final Order constitutes the Reprimand.
rd Fear 20
24 Issued and dated thisog day of easseMFI/eeosm
25 TEACHER STANDARDS AND PRACTICES COMMISSION
26 STATE OF OREGON
27
28 ‘
29 B
30 ictoria Cham ' , xecutive Director [082008] ,
31
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