1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' 2 STATE OF OREGON 3 In the Matter of the Teaching License of, 4 STIPULATION OF FACTS AND ORDER 5 MARY ELLEN EDWARDS | 6 7 On or about March 15, 1999, the Teacher Standards and Practices Commission issued a 8 Notice of Opportunity For Hearing to Mary Ellen Edwards (Edwards) in which the Commission 9 proposed to take disciplinary action against Edwards under ORS 3421175 through 342.1901 The ' 10 basis of the proposed action arose out of an investigation by the Commission afler Edwards was 11 convicted of failing to report child abuse under ORS 419B.01O in the Clackamas County District 12 Court. l3 The Commission and Edwards have now reviewed the matters alleged and have agreed ‘ 14 that their respective interests, together with the public interest, are best served by entering this . \ 15 stipulated order and findings of fact. In entering these stipulations, Edwards waives her right to a 16 hearing‘ This agreement sets for the facts upon which the parties have agreed including the 17 Commission’s order. - 18 19 STIPULATED FACTS 20 l. Edwards has held an Oregon Teaching License since 1969. She has worked as an 21 elementary and secondary teacher as well as a Child Development Specialist (CDS) for the 22 Portland School District‘ She was able to work as a CDS without a counseling license under the 23 authority of the Department of Education Rules. 24 24 Edwards currently holds a Substitute Teaching License in Elementary Education and l 25 Reading which is valid until January 3, 2002. 26 /// Q Page 1 - STIPULATION OF FACTS AND ORDER J GlVI/rws/GEN17082DOC Department ofJustice l l62 Court Street NE 3213232231? . 1 3. Edwards held a Basic Teaching License with endorsements in Elementary Education 2 and Reading until January 3, 1998, when the license expired. 3 4. In April 1998, Edwards was granted an Emergency Basic Teaching License, and she 4 was permitted to teach fiill-time as a counselor in the Oregon Trail School District under a 5 misassignment for the 1997-98 school year. Her Emergency Basic Teaching License expired on 6 April 16, 1999. 7 5. In October 1998, Edwards and the Oregon Trail School District applied for Edwards 8 to receive an Emergency Personnel Service License. The Commission allowed Edwards to 9 continue her position with the district under the misassignment while her application was 10 pending. On February 4, 1999, the Commission denied the application for an Emergency 11 Personnel Service License. Ms. Edwards resigned her position with the district effective 12 April l6, 1999, 13 6. As a school employee, Ms. Edwards has a legal duty under ORS 4193010 to report . 14 suspected child abuse to the State Office for Services to Children and Families (SCF) or to a law 15 enforcement agency. 16 7. On or about April 1, 1998, Edwards was visited by a middle school student who 17 complained of a number of personal problems and conflicts within her family, including 18 mistreatment by her older, teenaged brother. Among the problems disclosed was a complaint 19 that the brother was “messing with her.” Edwards contends that she was not sure what the 20 student meant by this term. However, the student asked Edwards to make her an appointment 21 with a gynecologist and a psychiatrist. 22 8. Afier the meeting, Edwards consulted her supervisor, the building principal. Edwards 23 and the principal decided that the matter should be acted upon by contacting the student’s parent. 24 9. On April l, 1998, Edwards met with the student’s mother at approximately 2:30 p.m. 25 and disclosed that her daughter was very troubled and needed help. Edwards told the parent 26 about the various problems mentioned by the student, including the statement about the brother. . Page 2 - STIPULATION OF FACTS AND ORDER .1 GM/rW5/GEN17082DOC Department of Justice 1162 Court Street NE treats? . l Edwards told the parent that if there was sexual abuse happening, Edwards would be required to 2 report it to SCF or to the police, Edwards told the parent that the parent could call SCF or the 3 CARES unit of Emmanuel Hospital (a child abuse assessment and treatment center) to have them 4 evaluate any abuse and to provide other assistance to the family. Edwards gave the parent the 5 phone numbers for SCF and for the CARES unit. 6 10. At approximately 4:30 pm. on April 1, 1998, the father called the CARES unit and 7 an interview was arranged. CARES staff also notified the Clackamas County Sheriffs’ Office 8 regarding the situation the following day. The Sheriff’ s office had the complaint within 24 hours 9 of it being reported to Edwards. 10 11. At approximately 10:50 am. on April 2, 1998, Edwards received a telephone call 11 from a detective in the Clackamas County Sheriffs’ Office. Edwards had available and gave the 12 detective the details of the situation, including information on contacting the parents and student 13 involved. I . 14 12. Edwards was listed 0n the CARES intake report as having caused the abuse to be 15 reported. However, CARES rather than Edwards initiated the call to the Clackamas County 16 Sheriffs’ Office Edwards did not report the abuse herself on April 1, 1998. The Sheriffs’ office 17 was concerned that the parent had been told about the complaint rather than the counselor 18 reporting directly to the police. 19 l3. On or about August 25, 1998, the superintendent of the Oregon Trail School District 2O notified the Commission that Edwards was under investigation by the Clackamas County District 21 Attomey’s office for failure to report child abuse. 22 14. Edwards was charged with Failure to Report Child Abuse and Official Misconduct in 23 Clackamas County District Court. On or about January 15, 1999, Edwards was found not guilty 24 after ajury trial of official misconduct. However, the court found that Edwards was guilty of a 25 violation of ORS 4193010, the child abuse reporting law. This was a civil statutory violation, 26 not a criminal conviction. . Page 3 - STIPULATION OF FACTS AND ORDER JGM/rws/GEN17082DOC Department ofJustice 1162 own Street NE 823'532213? . 1 15. Edwards has been completing the educational and experience requirements to 2 reinstate her Basic License and to obtain an initial Personnel Services License. 3 ~ 16. Edwards has not been involved in any other alleged failure to report either before or 4 after the April 1 incident. The Commission has received no other complaints concerning 5 Edwards. ~- 6 17. Edwards enters into this Stipulation of Facts with knowledge that the Commission 7 will adopt an order as set out below. The Stipulation is contingent upon the approval and 8 adoption of the Order by the Commission Ifthe Commission does not adopt the order, neither 9 Edwards nor the Commission are bound by these stipulations and Edwards retains all rights to a 10 hearing on the allegations. 11 12 ‘ 13 fliéfiéafl {Jami/z m§ Ll??? Mary en Edwards Date . 14 15 2gb 2 (£91,ng {KWKZZ 63w 16 David V. Myron, Exe tive Director ' . Da e Teacher Standards & Practices Commissron l 7 18 ' ' 1 9 20 ' 21 22 ‘ 23 24 25 26 v .Page 4 - STIPULATION 0F FACTS AND ORDER I GM/rws/GEN17082D00 Doplrlmem ‘,me 1 1.62. “9.532593 . 1 In this case, Edwards appears to be an experienced teacher who felt that she was doing 2 the right thing by contacting an interested parent. Edwards may have had the support of her 3 principal in handling the case in this manner based upon the evidence before her at the time. 4 However, Edwards’ handling of the situation resulted in criminal charges against her. 5 Although she was cleared of any criminal conduct, the court found Edwards guilty of failure to 6 follow the child abuse reporting laws. That violation reflects that the court determined that 7 Edwards did not have the legal discretion to handle the case as she did. 8 In ordering a public reprimand as a sanction, the Commission considers the fact that 9 Edwards already suffered loss of her position with the school district following her conviction. 10 The Commission concludes that Edwards is unlikely to repeat the conduct which resulted 11 in the violation. She should be aware, however, that any repeat misconduct by her may result in 12 loss of licensure. . 13 ORDER . 14 The Commission imposes a public reprimand to Mary Ellen Edwards, and this Order 15 shall serve as the reprimand. This Order shall not be an impediment to Ms. Edwards receiving a 16 Personnel Service or other Teaching License to which she is otherwise eligible. 17 DATED this LL!“ day ofMay 1999. 18 TEACHER STANDARDS AND PRACTICES COMMISSION l9 _ 20 ék 76? 2:7 7L'\’ 21 By: David V. Myton, Executive Director Teacher Standards and Practices Commission 22 23 24 25 Z6 . Page 5 - STIPULATION OF FACTS AND ORDER JGM/rws/GENI7082DOC Department ofJustice 1162 own Street NE 833331233?