l 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 ) REVOCATION OF RIGHT 6 CATHERINE FRANCES MORRISSEY ) TO APPLY 7 8 9 On April 23, 2014, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing t0 Catherine Frances Morrissey (Morrissey) in 11 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 7010 2780 0000 2187 3002 to the address l3 on file with the Commission. The Notice designated the Commission file as the record for l4 purposes of proving a prima facie case. The Certified Mail receipt was returned signed to the 15 Commission on April 28, 2014. The first class mail was not returned and assumed delivered. 16 The Notice of Opportunity of Hearing, dated April 23, 2014, and signed by Victoria 17 Chamberlain, Executive Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 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 Morrissey did not request a hearing. The Commission, therefore, finds Morrissey to be in 27 default and enters the following findings of fact, conclusions of law, and final order, based 28 on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Morrissey been licensed as a teacher in Oregon since September 25, 2012. Morrissey’s 31 Initial I Teaching License, with endorsements in General Business (HS, ML), Middle 32 School Social Studies (MIDLV), Multiple Subject (MIDLVL), and Special Education 33 (ML/ HS, ECE/ELE L), was issued on September 25, 2012, and expired on March 25, ‘ 34 2014. j 35 2. On October 3, 2013, the Commission received information from the NASDTEC 36 clearing house indicating that Morrissey’s teaching credentials in the State of PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY _ MORRISSEY, CATHERINE FRANCES 1 Georgia had been suspended due to testing irregularities for a period of one year 2 commencing on January 27, 2012. 3 3. On or about January 13, 2012, Morrissey was placed on leave by her employer while 4 they continued to investigate the testing irregularities referenced above. On January 5 26, 2012, Morrissey resigned her teaching position in Georgia due, in part to her 6 testing misconduct. Review of the Georgia investigation determined that Morrissey 7 was made aware of the investigation in writing by Georgia officials on February 14, 8 2012. Morrissey signed for the certified letter on February 15, 2012. The letter clearly 9 states that Morrissey was under investigation by the Georgia Professional Standards 10 Commission. On February 22, 2012, Morrissey received another notice from Georgia 11 regarding her right to a hearing. Morrissey, via her attorney, responded to this letter 12 requesting a hearing. Morrissey settled her case with Georgia by consent order on 13 September 12, 2013. 14 4. On September 14, 2012, Morrissey made application to TSPC for licensure. 15 Morrissey answered “No” to all the character questions on the Oregon application. 16 Specifically, question number one, “Have you ever left any educational or school 17 related employment, voluntarily or involuntarily, while under the subject of an 18 inquiry, review or investigation of alleged misconduct? Have you ever left 19 educational or school employment when you had reason to believe an investigation 20 for misconduct was underway or imminent?"; question number two “Are you 21 currently the subject of an inquiry, review or investigation for alleged misconduct or 22 alleged violation of professional standards of conduct by either an employer or a 23 licensure agency?”; and question number three, “Have you ever been placed on leave 24 by your employer for any alleged misconduct?”. Morrissey falsely answered “No” to 25 each of these character questions. Morrissey signed and dated her TSPC application 26 on September 3, 2012. 27 28 29 30 3 1 PAGE 2~DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY - MORRISSEY, CATHERINE FRANCES 1 CONCLUSIONS 0F LAW 2 Morrissey’s conduct described above constitutes gross neglect of duty in violation of 3 ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-02o-oo1o(5) 4 (Use professional judgment) ; and OAR 584-020-0040(4)(c) (Knowing falsification of any 5 document or knowing misrepresentation directly related t0 licensure, employment, or 6 professional duties). This conduct also constitutes gross unfitness in violation of ORS 7 342.175(1)(c); OAR 584-02o-oo4o(5)(a)(Reuocation, suspension or denial of a license by 8 another state for reasons and through procedures that are the same as, or substantially 9 equivalent to, those permitting similar action in Oregon); and OAR 584-020-oo4o(5)(b) 10 (Fraud or misrepresentation). ll l2 The Commission’s authority to impose discipline in this matter is based upon ORS l3 342.175. l4 15 FINAL ORDER 16 The Commission hereby revokes Catherine Frances Morrissey’s right to apply for an 17 educator license. l8 IT IS SO ORDERED THIS a kfday of May, 2014. l9 TEACHER STANDARDS AND PRACTICES COMMISSION 2O By: 21 Victoria Chamberlain, Executive Director 22 23 NOTICE OF APPEAL OR RIGHTS 24 25 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 26 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 27 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 28 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT To APPLY - MORRISSEY, CATHERINE FRANCES 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: Catherine Frances Morrissey 12200 SW Horizon Blvd, Apt 307 Beaverton, OR 97007-9333 Dated this 29% day of May, 2014. By: ; atty ' ell Investigative Assistant I I I PAGE 1- CERTIFICATE OF MAILING— MORRISSEY. CATHERINE FRANCES