l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the ) DEFAULT ORDER OF 5 Educator License of ) REVOCATION AND REVOCATION 6 STEPHANIE MICHELE RODAKOWSKI) OF RIGHT TO APPLY 7 8 On February 5, 2016, the Teacher Standards and Practices Commission 9 (Commission) issued a Notice of Opportunity for Hearing to Stephanie Michele 10 Rodakowski (Rodakowski) in which the Commission charged her with Gross Neglect of 1 1 Duty and Gross Unfitness. The Notice was sent via U.S. First Class Mail and U.S. 12 Certified Mail Receipt 7015 0640 0004 7539 6878 t0 the address 0n file with the 13 Commission. The Notice designated the Commission file as the record for purposes of 14 proving a prima facie case. The Certified Mail receipt was returned signed to the 15 Commission on February 11, 2016. The regular mail was not returned to the 16 Commission. The Notice 0f Opportunity of Hearing, dated February 5, 2016, and signed 17 by 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 22 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Rodakowski did not request a hearing. The Commission, therefore, finds Rodakowski to 27 be in default and enters the following findings of fact, conclusions 0f law, and final 28 order, based on the files and records of the Commission concerning this matter. 29 3O FINDINGS OF FACT 31 1. Stephanie Michele Rodakowski has been licensed by the Commission since January 32 4, 2008. R0dakowski’s Initial II Teaching License, with endorsements in Language 33 Arts (HS, ML) and Multiple Subjects (MIDLVL), is valid from December 25, 2014, 34 through September 27, 2018. During all relevant times Rodakowski was employed by 35 the Springfield Public School District. 36 2. On November 4, 2015, in the Lane County Circuit Court, Rodakowski pled guilty to 37 and was convicted of Endangering the Welfare of a Minor ORS 163.575(2), a class A PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- STEPHANIE MICHELE RODAKOWSKI 1 Misdemeanor; and Tampering with Physical Evidence ORS 162.295, a class A 2 Misdemeanor. Rodakowski was sentenced t0 thirty (30) days in jail (each count), 3 followed by a period of probation, required to submit to a sex offender evaluation, 4 and ordered to surrender her teaching license. On November 20, 2015 the 5 Commission received written notification that Rodakowski was surrendering her 6 teaching license as required. 7 3. Rodakowski’s convictions arose from allegations that on or about March 2015 8 through July 2015, Rodakowski engaged in the exchange of sexual conversations via 9 text messaging with AW, a 17 year old male student. R0dak0wski’s messages 10 included sending digital images of herself to AW in various states of nudity. On one 1 1 occasion, Rodakowski kissed AW, and 0n more than one occasion, Rodakowski 12 asked AW to have sex with her. During the official investigation, Rodakowski 13 attempted to delete all electronic records of her conduct and requested that AW do 14 the same to destroy any evidence. 15 CONCLUSIONS OF LAW 16 R0dakowski’s convictions constitutes gross neglect of duty in violation of ORS 17 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-0010(5) (Use 18 professional judgment); and OAR 584-020—0040(1)(x) (ORS 163.575 — Endangering 19 the Welfare of a Minor). This conduct also constitutes gross unfitness in violation of 20 ORS 342.175(1)(c); OAR 584-020-0040(5)(d) (Commission 0f an act listed in OAR 584- 21 020-0040(1)), and OAR 584-020-0040(5)(e) (Admission of or engaging in acts 22 constituting criminal conduct, even in the absence of a conviction). 23 24 Pursuant to ORS 342.175(3) and OAR 584-020-0040(1) the Teacher Standards 25 and Practices Commission must revoke Rodakowski’s license and Rodakowski’s right to 26 apply for a license based on his conviction of any of the crimes listed in ORS 27 342.143(3)(a), or the substantial equivalent of any of those crimes. 28 29 Furthermore, the conduct underlying Rodakowski’s indictments and conviction 30 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 31 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); OAR PAGE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- STEPHANIE MICHELE RODAKOWSK1 1 584-020-0040(4)(k) (Violation of any order or rule of the Commission); OAR 584- 2 020-0040(4)(0) as it incorporates OAR 584-020-0035(1)(c)(D)(H0n0ring appropriate 3 adult boundaries with students in conduct and conversations at all times), OAR 584- 4 020-0035(3)(a)(Maintain the dignity ofthe profession by respecting and obeying the 5 law, exemplifying personal integrity and honesty); and OAR 584-020-0040(4)(t) (Any 6 sexual conduct with a student). Additionally, your convictions and conduct constitute 7 “gross unfitness” in violation of ORS 342.175(1)(c), OAR 584-020-0040(3)(a) and (d) as 8 defined by OAR 584-020-0040 (5) (“Gross unfitness is any conduct which renders an 9 educator unqualified to perform his 0r her professional responsibilities”). 10 1 1 The Commissions authority to impose discipline in this matter is based upon ORS 12 342.175. 13 FINAL ORDER 14 The Commission hereby revokes Stephanie Michele Rodakowski’s educator 15 license and revokes her right to apply for an educator license. It) 1r IS so ORDERED THIS £2 '4 day of May, 2016. l7 TEACHER STANDARDS AND PRACTICES COMMISSION 18 l9 20 By: 21 Victoria Chamberlain, Executive Director 22 23 24 25 NOTICE OF APPEAL OR RIGHTS 26 27 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 28 BE OBTAIN ED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 2Q SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 30 ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY- STEPHANIE MICHELE . CERTlFlCATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such. by mailing US. First Class Mail and US. Certified Mail—Return Receipt Requested. addressed to: Stephanie Michele Rodakowski 45461 Goodpasture Rd Vida. OR 97488-9727 ,7», (KL Dated this -'-' 2 day ofMay, 2016, ,1 If ,/ By: {1272; 4/44/6615” L’ Patty S don Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- STEPHANIE MICHELE RODAKOWSKI L4——-_—#