1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON ’ . 3 in the Matter of the ) STIPULATION OF FACTS. 4 Teaching License of ) AND 5 TRlClA L. DELLINGER (tka CARD) ) FINAL ORDER OF SUSPENSION 6 On March 19, 2009, the Teacher Standards and Practices Commission (Commission) issued a 7 Notice of Opportunity for Hearing to Ms, Dellinger on allegations of Gross Neglect of Duty. Ms. 8 Dellinger requested a hearing. _ 9 After review of the matters alleged, Ms. Dellinger and the Commission agree that their 10 respective interests, together with the public interest, are best served by a stipulation to certain facts 1 1 and a 90-day suspension. 12 This document sets forth the facts upon which the parties have agreed and the stipulated 13 sanction to be imposed. Ms. Dellinger stipulates that there is sufficient evidence in the Commission's ‘l 4 files and records to support the findings of tact, conclusions of law, and order set forth below. 15 By signing below, Ms. Delllnger acknowledges, understands, stipulates, and agrees to the 16 following: (i) she has been fully advised of her rights to notice and a hearing to contest the findings of . 17 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 18 rights to appeal or otherwise challenge this Stipulation of Facts and Final Order oi Reprimend 19 (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to 20 the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon 21 and subject to approval and adoption by the Commission. if the Commission does not approve and 22 adopt this Stipulation and Final Order, then neither Ms. Dellinger nor the Commission are bound by 23 the terms heroin; (iv) she has fully read this Stipulation and Final Order, and understands it 24 completely; (v) she voluntarily, without any force or duress, enters into this Stipulation and Final Order 25 and consents to issuance and entry of the Silpulated Flnal Order below; (vi) she states that no 26 promises or representation has been made to induce her to sign this Stipulation and Final Order; and 27 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and has been fully 28 advised with regard to her rights thereto, or waives any and all rights to consult with an attorney prior Page 1 - STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSlON - DELLINGER A 1 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 2 below. This Order sets forth the facts upon which the parties have agreed and the sanction to be 3 imposed. Ms. Dellinger stipulates that there are sufficient facts contained in the Commission's fries 4 and records to support the findings of fact and conclusions}? law set forth below.’ In entering into this 5 stipulation, Ms. Deifinger waives the right to a hearing to contest the findings of fact, conclusions of 6 law and order set forth below. 7 STIPULATION OF FACTS 8 1. The Commission has licensed Ms. Deilinger since February 22, 2000. Ms. Dellinger was 9 last licensed by the Commission holding an initial l School Counselor License. That license expired 10 on November 13, 2008. Ms. Deilinger submitted an application for renewal and that application is 11 currently pending with the Commission. - 12 2. In May of 2008, Ms Deiiinger learned from a fellow teacher that she had engaged in a 13 sexual relationship with a 15-year old student. 14 3. Alter learning of the teacher's conduct with the student, Ms. Deiiinger did not immediately 15 report the conduct as child abuse as a mandatory reporter. . 1 6 17 we STIPULATED AND AGREED TO: 18 lm'ggyl . g 9%g 7g £210!) 19 Tricia L. Deilinge rd) De \ 22 rotoria C : -- - c lain Executive Director Date 23 Teacher Stands r ; and Practices Commission 24 A CONCLUSlONS OF LAW ' 25 Tricia L. Deilinger (fire Card) failed to immediately report child abuse as a mandatory reporter. 26 This conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584020 27 0040(4)(s)(feiiing to report child abuse); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 28 0010(5)(professional Judgment). The Commission has the authority to impose discipline in this 29 matter under ORS 342.120 through 342.430 and OAR Chapter 584. Page 2 - STiPULATlON 0F FACTS AND FINAL ORDER OF SUSPENSION ~ DELLiNGER 1 FINAL ORDER 2 The Commission adopts and incorporates herein the above finding of facts, conclusions of 3 - law, and based thereon, suspends Tricia L. De lngefs license for 90 days beginning August 10, 2009. 4 issued and dated this (‘Q/‘hay 0%, zoost. ' 5 TEACHIS STANDARDS AND PRACTICES COMMISSION 6 STATE OF OREGON l 7 . 8 ML) - 9 Victoria Ch am, Executive Director 1i) Approved as to form: 1 1 'r . 12 t’ 4 . ' 13 Elizabeth cKanna, OSB #893067 14 Attorney for Tricia L. Deilinger (fka Card) Page 3 - STiPULATION OF FACTS AND FINAL ORDER OF SUSPENSION - DELLiNGER