1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF i 6 TAMERA JEAN KRONBERG ) LICENSURE 7 l s l 9 On February 29, 2016, the Teacher Standards and Practices Commission 1 10 (Commission) issued a Notice of Opportunity for Hearing to Tamera Jean Kronberg 1 l 1 1 (Kronberg) in which the Commission charged her with Gross Neglect of Duty. The Notice l l 12 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 0640 0004 7539 13 8148 to the address on file with the Commission. The Notice designated the Commission file ‘ 14 as the record for purposes of proving a prima facie case. The Certified Mail was returned 15 “Signed” to the Commission on March 4, 2016. The first class mail was not returned to the 16 Commission. The Notice of Opportunity of Hearing, dated February 29, 2016, and signed by ‘ 17 Victoria Chamberlain, then Executive Director, stated: i l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED \NITHIN THIS 21-DAY i 19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 1 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR l 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU l 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER ‘ 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF t 24 YOUR LICENSE OR OTHER DISCIPLINE.” i 25 . 26 On March 2, 2016, Kronberg requested a hearing. On April 22, 2016, a pre-hearing l 27 conference was conducted and a hearing date of November 1 and 2, 2016 was set. On i 28 September 22, 2016, through Kronberg’s attorney, Kronberg withdrew her request for a 29 hearing. The Commission, therefore, finds Kronberg to be in default and enters the 1 30 following findings 0f fact, conclusions of law, and final order, based 0n the files and records l 31 of the Commission concerning this matter. ‘ 32 FINDINGS OF FACT 33 1. Tamera Jean Kronberg has been licensed by the Commission since September 5, 34 1984. Kronberg’s Standard Teaching License, with an endorsement in Standard 35 Exceptional Learner II (018), is valid from February 24, 2014, through February 23, 36 2019. During all relevant times, Kronberg was employed by the Clackamas 37 Education Service District (CESD). PAGE 1-DEFAULT ORDER OF REVOCATION OF LlCENSURE- TAMERA JEAN KRONBERG l 2. On April 3, 2014, the Commission received a report from CESD indicating Kronberg 2 had committed acts of unprofessional conduct in the area of unnecessary physical 3 force with students. Investigations by the Commission and school officials identified 4 the following unprofessional conduct: 5 a. On or about February 13, 2014, witnesses reported observing Kronberg 6 redirect a seven-year-old student, with severe cognitive disabilities, by an 7 unapproved and unnecessary restraint method. Witnesses described 8 Kronberg t0 place her hands on the sides of the student’s head, below the ears, 9 and lift him approximately one foot off the ground and then carry him by his 10 head approximately four feet across the room. CESD indicates that Kronberg’s 11 employed method appeared dangerous and is not an approved restraint 12 method. CESD reported Kronberg’s actions to authorities as a possible child 13 abuse incident. 14 b. In the course of the CESD investigation into the events 0f February 13, 2014, 15 officials learned of another inappropriate restraint incident. Educational 16 assistants reported observing Kronberg, just days prior to the February 13, 17 2014, event, wrapping / folding the same student into a mat and applying 18 pressure t0 the mat. Witnesses described Kronberg as sitting on the mat 19 while the student was held inside. CESD indicates that this restraint method 20 is not an approved method and could be dangerous to the student. During the 21 interview process, Kronberg admitted that using the mat in this manner was 22 not part of her training. 23 3. On March 5, 2014, Kronberg resigned her employment with CESD effective June 6, 24 2014, and Kronberg remained on administrative leave until that date. 25 4. Reports indicate that the child abuse report regarding Kronberg’s conduct was closed 26 on intake and no related action was taken by DHS. 27 / / / 28 / / / 29 / / / 30 / / / 31 / / / 32 / / / PAGE 2-DEFAULT ORDER OF REVOCATION OF LlCENSURE- TAMERA JEAN KRONBERG ;—____———i 1 CONCLUSIONS OF LAW 2 Tamera Kronberg’s conduct described in sections 2 (a) and (b) above, constitutes 3 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it 4 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020— 5 0025(2)(e) (Using district lawfirl and reasonable rules and regulations); and OAR 584- 6 020-0040(4)(d) ( Unreasonable physical force against students, fellow employees, or 7 visitors to the school, except as permitted under ORS 339.250). 8 9 The Commission’s authority t0 impose discipline in this matter is based upon ORS 10 342.175. l l FINAL ORDER 12 The Commission hereby revokes Tamera Jean Kronberg’s Oregon educator license. 13 IT IS SO ORDERED THIS Q +4: day of October, 2016. 1 l4 TEACHER STANDARDS AND PRACTICES COMMISSION ‘ Wm M 15 By: _ 16 Dr. Monica Beane, Executive Director l7 18 NOTICE OF APPEAL OR RIGHTS l9 20 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 21 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 22 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 23 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE- TAMERA JEAN KRONBERG CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to: Tamera Jean Kronberg PO Box 423 Colton, OR 97017-0423 Dated this 4f’ day of October, 2016. By: ( g 2% M f2 Patty ldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- TAMERA JEAN KRONBERG l 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF 1 6 TAMERA JEAN KRONBERG ) LICENSURE 7 1 s 1 9 On February 29, 2016, the Teacher Standards and Practices Commission 1 10 (Commission) issued a Notice of Opportunity for Hearing to Tamera Jean Kronberg 1 1 1 1 (Kronberg) in which the Commission charged her with Gross Neglect of Duty. The Notice 1 1 12 was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 0640 0004 7539 13 8148 to the address on file with the Commission. The Notice designated the Commission file 1 14 as the record for purposes of proving a prima facie case. The Certified Mail was returned 15 “Signed” to the Commission on March 4, 2016. The first class mail was not returned to the 16 Commission. The Notice of Opportunity of Hearing, dated February 29, 2016, and signed by 1 17 Victoria Chamberlain, then Executive Director, stated: 1 l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED \NITHIN THIS 21-DAY 1 19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 1 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 1 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 1 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 1 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 1 24 YOUR LICENSE OR OTHER DISCIPLINE.” 1 25 . 26 On March 2, 2016, Kronberg requested a hearing. On April 22, 2016, a pre-hearing 1 27 conference was conducted and a hearing date of November 1 and 2, 2016 was set. On 1 28 September 22, 2016, through Kronberg’s attorney, Kronberg withdrew her request for a 29 hearing. The Commission, therefore, finds Kronberg to be in default and enters the 1 30 following findings 0f fact, conclusions of law, and final order, based 0n the files and records 1 31 of the Commission concerning this matter. ‘ 32 FINDINGS OF FACT 33 1. Tamera Jean Kronberg has been licensed by the Commission since September 5, 34 1984. Kronberg’s Standard Teaching License, with an endorsement in Standard 35 Exceptional Learner II (018), is valid from February 24, 2014, through February 23, 36 2019. During all relevant times, Kronberg was employed by the Clackamas 37 Education Service District (CESD). PAGE 1-DEFAULT ORDER OF REVOCATION OF LlCENSURE- TAMERA JEAN KRONBERG l 2. On April 3, 2014, the Commission received a report from CESD indicating Kronberg 2 had committed acts of unprofessional conduct in the area of unnecessary physical 3 force with students. Investigations by the Commission and school officials identified 4 the following unprofessional conduct: 5 a. On or about February 13, 2014, witnesses reported observing Kronberg 6 redirect a seven-year-old student, with severe cognitive disabilities, by an 7 unapproved and unnecessary restraint method. Witnesses described 8 Kronberg t0 place her hands on the sides of the student’s head, below the ears, 9 and lift him approximately one foot off the ground and then carry him by his 10 head approximately four feet across the room. CESD indicates that Kronberg’s 11 employed method appeared dangerous and is not an approved restraint 12 method. CESD reported Kronberg’s actions to authorities as a possible child 13 abuse incident. 14 b. In the course of the CESD investigation into the events 0f February 13, 2014, 15 officials learned of another inappropriate restraint incident. Educational 16 assistants reported observing Kronberg, just days prior to the February 13, 17 2014, event, wrapping / folding the same student into a mat and applying 18 pressure t0 the mat. Witnesses described Kronberg as sitting on the mat 19 while the student was held inside. CESD indicates that this restraint method 20 is not an approved method and could be dangerous to the student. During the 21 interview process, Kronberg admitted that using the mat in this manner was 22 not part of her training. 23 3. On March 5, 2014, Kronberg resigned her employment with CESD effective June 6, 24 2014, and Kronberg remained on administrative leave until that date. 25 4. Reports indicate that the child abuse report regarding Kronberg’s conduct was closed 26 on intake and no related action was taken by DHS. 27 / / / 28 / / / 29 / / / 30 / / / 31 / / / 32 / / / PAGE 2-DEFAULT ORDER OF REVOCATION OF LlCENSURE- TAMERA JEAN KRONBERG ;—____———i 1 CONCLUSIONS OF LAW 2 Tamera Kronberg’s conduct described in sections 2 (a) and (b) above, constitutes 3 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it 4 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020— 5 0025(2)(e) (Using district lawfirl and reasonable rules and regulations); and OAR 584- 6 020-0040(4)(d) ( Unreasonable physical force against students, fellow employees, or 7 visitors to the school, except as permitted under ORS 339.250). 8 9 The Commission’s authority t0 impose discipline in this matter is based upon ORS 10 342.175. l l FINAL ORDER 12 The Commission hereby revokes Tamera Jean Kronberg’s Oregon educator license. 13 IT IS SO ORDERED THIS Q +4: day of October, 2016. 1 l4 TEACHER STANDARDS AND PRACTICES COMMISSION 1 Wm M 15 By: _ 16 Dr. Monica Beane, Executive Director l7 18 NOTICE OF APPEAL OR RIGHTS l9 20 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 21 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 22 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 23 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER 0F REVOCATION OF LICENSURE- TAMERA JEAN KRONBERG CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to: Tamera Jean Kronberg PO Box 423 Colton, OR 97017-0423 Dated this 4f’ day of October, 2016. By: ( g 2% M f2 Patty ldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- TAMERA JEAN KRONBERG 1