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 ) PUBLIC REPRIMAND 6 LAVETA ANN GILMORE JONES ) AND PROBATION 7 8 9 On July 20, 2015, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to LaVeta Ann Gilmore Jones (Gilmore Jones) in 1 1 which the Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. 12 First Class Mail and U.S. Certified Mail Receipt 7015 0640 0007 1084 6069 to the address 13 on file with the Commission. The Notice designated the Commission file as the record for 14 purposes of proving a prima facie case. The Certified Mail receipt was returned to the 15 Commission “signed” on July 22, 2015. The first class mail was not returned to the 16 Commission. The Notice of Opportunity of Hearing, dated July 20, 2015, and signed by 17 Victoria Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE." 25 26 Gilmore Jones did not request a hearing. The Commission, therefore, finds Gilmore Jones l 27 to be in default and enters the following findings of fact, conclusions of law, and final order, 28 based on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Gilmore Jones has been licensed by the Commission since January 2o, 1975. Gilmore 31 Jones holds a Standard Teaching License, with endorsements in Basic Elementary 32 (014) and Standard Exceptional Learner I (018), valid from November 16, 2012, 33 through November 15, 2017. During all relevant times, Gilmore Jones was employed 34 by the Clackamas Education Service District. 35 2. Between June 26, 2013, and July 8, 2013, the Commission received multiple reports 36 indicating Gilmore Jones had committed acts of unprofessional conduct in the area PAGE ‘I-DEFAULT ORDER OF PUBLIC REPRlMAND AND PROBATION- LAVETA ANN GILMORE JONES 1 of unnecessary physical force with students. Investigations by the Commission and 2 school officials identified the following unprofessional conduct: 3 4 a. On multiple occasions during the time period between December 2012 and June 5 of 2013, Gilmore Jones was observed grabbing students by the arms and jerking, 6 pulling, pushing, and yanking the students. Others observed Gilmore Jones 7 pulling students by the earlobe to direct a student or gain their attention. On 8 other occasions, it was reported that Gilmore Jones employed unapproved or 9 unnecessary control techniques on students, including sitting on students, laying 10 on students, bear hugging students and wrapping her legs around students. 1 1 Gilmore Jones would inaccurately report many of these events as “sensory 12 strategies” rather than physical restraints. 13 b. On May 28, 2013, Gilmore Jones removed an enraged student from the 14 classroom by dragging them by the ankles and pulling them out of the classroom, 15 down the hallway, and outside the building. Once outside, Gilmore Jones 16 engaged the student in a bear hug until the student went limp. In Gilmore J ones’ 17 restraint/ seclusion report, Gilmore Jones misrepresented her actions. In 18 interviews, Gilmore Jones admitted she had not employed approved intervention 19 systems as required by policy. 20 21 3. On June 6, 2013, Gilmore Jones was observed grabbing a student by the arm and 22 yanking him into his seat. Gilmore Jones’ actions left visible red marks on the 23 student’s arm. School officials reported the incident to DHS as possible child abuse. 24 25 4. On June 21, 2013, Gilmore Jones resigned her employment in part due to a continued 26 pattern of inappropriate physical force against students. i 27 CONCLUSIONS OF LAW 28 LaVeta Ann Gilmore Jones engaged in unprofessional conduct as described above. 29 This conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584- 30 020-oo4o(4)(n) as it incorporates OAR 584-020-0010(1) (Recognize the worth and dignity 31 ofall persons and respectfor each individual), OAR 584-020-0010(5) (Use professional PAGE 2-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- LAVETA ANN GILMORE JONES 1 judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and 2 regulations); and OAR 584-020-oo4o(4)(d) (Unreasonable physical force against 3 students, fellow employees, or visitors to the school, except as permitted under ORS 4 339.250). 5 6 The Commission’s authority to impose discipline in this matter is based upon ORS 7 342.175. 8 FINAL ORDER 9 The Commission hereby issues a Public Reprimand upon LaVeta Ann Gilmore Jones’ 10 Oregon educator license, and places Gilmore Jones on probation for a period of four (4) 11 years from the date of this order. This probation period is subject to the following terms and 12 conditions: 13 1. Gilmore Jones shall comply with the Standards for Competent and Ethical 14 Performance of Oregon Educators under Oregon Administrative Rules Chapter 15 584, Division 020. 16 Violation of any term or condition of probation shall constitute an independent basis 17 for the Commission to revoke Gilmore Jones’ teaching license or otherwise impose 18 discipline, after first providing Gilmore Jones with notice and opportunity for hearing. l9 20 4}’ 21 IT IS SO ORDERED THIS é,” day of October, 2015. 22 23 TEACHER STANDARDS AND PRACTICES COMMISSION 24 By: 2_— 25 Victoria Chamberlain, Executive Director PAGE 3-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- LAVETA ANN GILMORE JONES 1 2 NOTICE OF APPEAL OR RIGHTS 3 4 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 5 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 6 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 7 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- LAVETA ANN GILMORE JONES I 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: LaVeta Ann Gilmore Jones 3905 n Overlook Ter Portland, OR 97227-1052 Dated this >2 I day of October, 2015. By: i/ " J ‘me/(i Pa Liddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— LAVETA ANN GILMORE JONES