f ' ‘ l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION i
A 2 OF THE STATE OF OREGON I
3 In the Matter of the Teaching License of
STIPULATION OF FACTS
4 JANICE MARIE DAVIDSON ’ AND ORDER OF SUSPENSION
5
6 On October 2, 2000, the Teacher Standards and Practices Commission (Commission)
7 issued a Notice of Opportunity for Hearing, proposing to suspend or revoke the Oregon Teaching
8 License of Janice Marie Davidson or to impose other discipline under ORS 342.177. Mrs.
9 Davidson requested a hearing to contest the allegations in the Notice. Aﬂer a review of the
10 matters alleged, Mrs. Davidson and the Commission have now agreed that their respective
11 interests, together with the public interest, are best served by entering into a stipulation to certain
> ~212 facts and a %-n?£h suspension of Mrs. Davidson’s license, followed by a period of
13 probation. In entering into this stipulation and order, Mrs. Davidson waives her right to a ,
14 hearing to contest the ﬁndings of fact, conclusions of law and order set forth below.
15 This stipulation and order is contingent upon approval by the ﬁJll Commission. If the
16 Commission does not approve the stipulation and order as written, neither Mrs. Davidson nor the
17 Commission shall be bound by any of the statements contained herein, and Mrs. Davidson shall
18 retain all hearing rights.
19 STIPULATION AND FINDINGS OF FACT
20 Mrs. Davidson denies that she has engaged in inappropriate or unprofessional conduct.
21 However, in order to bring this matter to a close and in order to avoid additional emotional and
22 ﬁnancial to herself and others, Mrs. Davidson chooses not to contest ﬁndings of fact sufﬁcient to
23 support the Order set forth below. She further stipulates that there is substantial evidence in the
Page l - STIPULATION OF FACTS AND ORDER OF SUSPENSION
JGM/rjh/GEN83998 Depanmentoflustice
1 162 Court Street NE
S“'°Z§b§‘§3§l%§°%

. 1 ﬁles and records of the Commission to support the ﬁndings of fact contained in this order. The
2 Commission makes the following ﬁndings of fact:
3 l. Mrs. Davidson has continuously held an Oregon Teaching License since 1963.
4 2. Mrs. Davidson has served as Executive Director of the West Valley Academy
5 since its founding in 1991. West Valley Academy is a private school and day-treatment
6 program for emotionally disturbed children. Prior to 1991, Mrs. Davidson worked as a
7 teacher with McMinnville Public Schools for approximately 25 years. The Commission
8 has received no previous complaints concerning Mrs. Davidson.
9 3. On about April 5, 1999, Mrs. Davidson engaged in unreasonable physical force in
10 her interactions with a 15-year old female student.
ll 4. On about April 7, 1999, Mrs. Davidson engaged in unreasonable physical force in
.12 her interactions with an eight-year old female student.
13 5. On about April 15, 1999, Mrs. Davidson engaged in unreasonable physical force
l4 in her interactions with an eight-year old male student.
l5 6. In late April 1999, Mrs. Davidson and the West Valley Academy School Board
l6 agreed that Mrs. Davidson would remain away from the campus and cease to have any
17 responsibility for student discipline pending a police investigation of allegations of
18 physical abuse of students. Subsequently, criminal charges were ﬁled by the Polk
19 County District Attorney based on the incidents described in paragraphs 3, 4 and 5 above.
20 On Auglst 6, 1999, Mrs. Davidson entered into a diversion agreement through the Polk
21 County Circuit Court. Under the terms of the agreement, Mrs. Davidson agreed to
22 complete 40 hours of community service, to undergo counseling through Psychologist
.23 Stephen Scherr, to participate in a training program in non-violent crisis intervention, to
Page 2 - STIPULATION OF FACTS AND ORDER OF SUSPENSION
JGM/rjh/GEN83998 Departrnentoflustice
1 162 Court Street NE
S““’Z‘§a§§‘§3§i%i£’°%

' l remain physically away from the West Valley Academy and to have no contact with
2 West Valley students during the 270-day period of the diversion agreement. As a part of
3 the agreement, Mrs. Davidson also acknowledged that she was guilty of one charge of
4 Criminal Mistreatrnent in the First Degree in connection with her conduct towards the
5 male student described above in Finding of Fact No. 5. Mrs. Davidson has successfully
6 completed the diversion agreement, and all criminal charges against her have been
7 dismissed.

8 7. Since completion of the diversion agreement, Mrs. Davidson has returned to her
9 position as Executive Director at the West Valley Academy. In her current position, she
10 is no longer involved with student discipline.
11 8. During the 1998-99 school year, Mrs. Davidson was experiencing a high level of
.12 personal and professional distress because personal health problems, an expansion of the
13 building facilities at the Academy, and an unusually high number of children with
l4 extreme needs and extreme behaviors.
15 .
c . / -
16 .1" .. /_ Illa.’ 1&4’; j!’ Q /-
J . i Marie Davidson Date '
17 .
18 AQﬁ/lt 2?;QM Z[MM/
David V. Myton, Executi e Director Date
l9
20 CONCLUSIONS OF LAW
21 1. Mrs. Davidson violated OAR 584-020-0040(4)(d) by engaging in unreasonable
22 physical force against a 15-year old female student.
.23
Page 3 - STIPULATION OF FACTS AND ORDER OF SUSPENSION
J GM/Ijh/GEN83998 Department of Justice
1162 Court Street NE
Salem, OR 973014096
(503) 378-0003

. l 2. Mrs. Davidson violated OAR 584-020-0040(4)(d) by engaging in unreasonable
2 physical force against an eight-year old female student.
3 3. Mrs. Davidson violated OAR 584-020-0040(4)(d) and 584-020-0040(5)(e) by
4 engaging in unreasonable physical force against an eight-year old male student.
5 This conduct constituted the crime of Criminal Mistreatment in the First Degree.
6 DISCUSSION
7 The Commission views Mrs. Davidson's conduct as serious, especially since she held a
8 position of trust and leadership and she was dealing with an especially vulnerable population of
9 students. Based on this, a period of suspension is warranted. In imposing this sanction, the
10 Commission takes into account the following mitigating factors: Mrs. Davidson has a good
11 reputation and has attained many accomplishments in her 30 years of service as an educator. Her
.12 episodes of misconduct appears to be isolated. They occurred over a discrete period of time
l3 during the 1998-9 school year when she was experiencing personal health problems and a high
14 level of professional stress. Since these events, she has been regularly undergoing personal
15 counseling with a mental health professional. And she has modiﬁed her job duties so that she is
16 no longer involved with discipline of students.
17 ORDER
18 The Oregon Teaching License of Janice Marie Davidson is suspended for a period of 6
19 months beginning with the date of this order.
20 Upon reinstatement of her license, Mrs. Davidson shall be placed on probation to the
21 Commission for two years subject to the following conditions:
22 l. Mrs. Davidson shall not participate in the direct discipline of students, and she
.23 shall not engage in the physical restraint of any student. 1
Page 4 - STIPULATION OF FACTS AND ORDER OF SUSPENSION
JGM/rjh/GEN83998 Department of Justice
1 162 Court Street NE
S“‘°{25?>‘§3§i%2§°9‘

. 1 2. Mrs. Davidson shall comply with all Standards for Competent and Ethical
2 Performance of Educators under OAR 584 Division 20.
3 Violation of any term of probation may constitute an independent basis for the
4 Commission to impose discipline, up to and including revocation of the teaching license, subject
5 to Mrs. Davidson's right to a hearing on the issue of whether she violated probation.
6 DATED this Lm%IuJ/uly, 2001. W
7 TEACHER STANDARDS AND PRACTICES COMMISSION
8
9 By: MM
David V. Myton, Exec tive Director
10
1 1
'12
l3
14
15
l6
l7
l8
19
20
21
22
.23
/_ Page 5 - STIPULATION OF FACTS AND ORDER OF SUSPENSION
// J GIVI/rjh/GEN83998 Departmentoflustice
1162 Court Street NE
“'3203238731)?“