. ~ . O O i 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF LICENSE 5 SHANNON LYNN HAYTER ) REVOCATION OF RIGHT TO APPLY 6 On or about April 24, 2009 the Teacher Standards and Practices Commission (Commission) 7 received a report from Ernest Brown, Director of Human Resources for the Tigard-Tualatin School 8 District indicating that Shannon Hayter (Hayter) did not properly maintain or complete Individual 9 Education Plans and student records, and did not properly process eligibility decisions. 1 0 I-Iayter fully cooperated with the Commission's investigation in this matter. After review of the 1 1 matters alleged, Hayter and the Commission agree that their respective interests, together with the 12 public interest, are best served by a stipulation to certain facts, the imposition of the revocation of the 13 right to apply for a license for one year. 14 This document sets forth the facts upon which the parties have agreed and the stipulated 15 sanction to be imposed. Hayter stipulates that there is sufficient evidence in the Commission’s files 16 and records to support the findings of fact, conclusions of law, and order set forth below. 17 By signing below, Hayter acknowledges, understands, stipulates, and agrees to the following: 1 8 (i) she has been fully advised of her rights to notice and a hearing to contest the findings of fact, 19 conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights 20 to appeal or otherwise challenge this Stipulation of Facts and Final Order of Revocation of Right to 21 Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and 22 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 23 contingent upon and subject to approval and adoption by the Commission. If the Commission does 24 not approve and adopt this Stipulation and Final Order, then neither Hayter nor the Commission are 25 bound by the terms herein; (iv) she has fully read this Stipulation and Final Order, and understands it 26 completely; (v) she voluntarily, without any force or duress, enters into this Stipulation and Final 27 Order and consents to issuance and entry of the Sn'pulated Final Order below; (vi) she states that no 28 promises or representation has been made to induce her to sign this Stipulation and Final Order; and Page 1 STIPULATION OF FACTS, REVOCATION OF RIGHT TO APPLY — HAYTER, SHANNON LYNN i 1 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and has been fully 2 advised with regard to her rights thereto, 0r waives any and all rights to consult with an attorney prior 3 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 4 below. 5 STIPULATION OF FACTS 6 1) Shannon Lynn Hayter was initially licensed as a teacher in Oregon on August 27, 2007. Hayter 7 currently holds a lapsed Initial Teaching License, with an endorsement in Special Education, and a 8 Conditional Assignment Permit (CAP) in Language Arts, issued on August 7, 2007, that expired on 9 February 27, 2009. During all relevant times, Hayter was employed by the Tigard-Tualatin School 1 O District. 1 1 2) On January 14, 2009 the Tigard Tualatin School District became aware of irregularities regarding 12 IEP (Individualized Education Plan) documentation. Hayter was responsible for the IEP process, 13 including the creation and maintenance of the IEP files and documents. Following an investigation 14 many IEP files were found not to have been maintained, secured, 0r processed according to district 15 policies. Hayter’s IEP files were found to contain multiple inaccuracies; her student cases were 16 often incomplete. Hayter at times, had missed required notifications, required meetings were not 17 held properly, and parental contact and notifications were sometimes bypassed or overlooked. 18 Hayter kept some student records at her home in violation of district policy regarding 19 maintenance and security of these records. 20 3) Ms. Hayter reports being overwhelmed during her second year of special education and having a 21 medical condition of anxiety, which was untreated at the time. Ms. Hayter was hospitalized and 22 subsequently submitted to care and treatment of a physician. She resigned from the District 23 effective April 17, 2009. 24 I _ O PULATED: '4 25 ‘A, l 1 1 I ‘ WIZ- 26 Sha $.41 1r .M / / Date M / ’ o?‘ Z '22 27 ,4. /1// //..///144.44 .11 28 ictoria ‘h. v u rlain, ecutive Director Date 29 Teacher ‘ andar i». . d Practices Commission 3O CONCLUSIONS OF LAW 31 The above described conduct that Shannon Lynn Hayter engaged in constitutes gross neglect 32 of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 33 0010(5) (Use professional judgment), OAR 584-020-0025(2)(c) (Using and maintaining student Page 2 STIPULATION OF FACTS, REVOCATION OF RIGHT TO APPLY — HAYTER, SHANNON LYNN r _ O O 1 records as required by federal and state law and district policies and procedures), and OAR 584- 2 020-0025(2)(e) (Using district lawful and reasonable rules and regulations). 3 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 4 ORDER 5 The Commission hereby adopts and incorporates herein the above findings of fact and revokes 6 Shannon Lynn Hayter’s right Wy for a teaching license for one year. 7 IT IS SO ORDERED this L day of February, 2012. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 . . 10 13:”, 41/1 11 ictoria Cha lflytive Director Page 3 STIPULATION OF FACTS, REVOCATION OF RIGHT TO APPLY- HAYTER, SHANNON LYNN