1 BEFORE THE
i » 2 TEACHER STANDARDS AND PRACTICES COMMISSION
3 STATE OF OREGON
4
5
' 6 In the Matter of the )
7 Teaching License of )
8 FRANCINE LYNN KAUFMAN )
9 1
10
11
12 FINAL ORDER
13
14 By resolution dated November 19-20, 1998, the Teacher Standards and
15 Practices Commission adopts the attached proposed order to revoke Francine
l6 Lynn Kaufman's right to reinstate her Oregon Teaching License for a period of
l7 one year from the date of this order. Requirements are adopted as speciﬁed in
l8 the attached order.
19
20 J A kl”
21 DATED THIS day of November, 1998.
22
23 TEACHER STANDARDS AND PRACTICES COMMISSION
24
V 25
1 26
27 By
28 David V. Myton, Executive Director
29 .
30 NOTICE: YOU ARE ENTITLED TO A JUDICIAL REVIEW OF THIS ORDER.
31 JUDICIAL REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW
32 WITHIN 6O DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW
33 IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE OREGON
34 COURT OF APPEALS.
35
36
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t ‘I i
1

1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the Teaching License of ' PROPOSED FINDINGS OF FACT
FRANCINE LYNN KAUFMAN CONCLUSIONS OF LAW, OPINION
4 AND ORDER
5 On March 18, 1998, the Teacher Standards and Practices Commission (the
6 “Commission”) issued a Notice of Opportunity to Francine Lynn Kaufman (Kaufman) proposing
7 to suspend, revoke or impose other discipline under ORS 342.177. On March 30, I998,
8 Kaufman requested a hearing, and a hearing was held on September 30, 1998, in Salem, Oregon
9 before a panel of three Commissioners; Martin Morris, Chair, Sue Wetzel and Susan Wilcoxen.
10 Kaufman represented herself and the Commission was represented by Assistant Attorney
H General Gary Cordy.
12 Prior to the commencement of the hearing, Assistant Attorney General Cordy served
13 Kaufman an Amended Notice of Opportunity for Hearing that contained modiﬁed charges. The
l 14 Amended Notice was not objected to by Kaufman and serves as the Commission charges in this
15 matter.
16 The hearing was conducted as a contested case hearing and was taped recorded.
17 The panel heard testimony from Kaufman; Reynolds H.S. Principal Steve Olczak;
18 Centennial H.S. Principal Curt Heath; Charlene Harris, Centennial Director of Human
19 Resources; Sandy Wood, Centennial H.S. Substitute Coordinator and Secretary; Barb Carey,
20 Centennial staff; and Larry Gant, Portland School District Administrator, Personnel Department.
21 The following exhibits were received into evidence:
22 Commission Exhibits:
23 Exhibit 1 - Commission Investigation Report with Exhibits A, B, C;
24 Exhibit 2 - May 20, 1997, letter from Merle Bradford;
25 Exhibit 3 - January 13, 1998, letter from Charlene Harris; 1
26 Exhibit 4 - May 2, 1997, letter from Merle Bradford; and 1
i " Page 1 - PROPOSED FINDINGS OF FACT CONCLUSIONS OF LAW, OPINION AND ORDER
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’ 1 Exhibit 5 - Amended Notice of Opportunity for Hearing.
2 Licensee'Exhibits:
3 Exhibit l — Letter dated April 2, 1998, from Charlene Smith to Francine Kaufman.
4 Exhibit 2 — Letter dated July l7, 1998, from Francine Kaufman to David Myton.
5 Exhibit 3 — Letter dated August 10, 1998, from Gary Cordy to Francine Kaufman.
6 Exhibit 4 — Letter dated September 4, 1998, from Francine Kaufman to
7 TSPC/Commissioners or Executive Secretary (Director) David Myton.
8 Exhibit 5 — Letter dated September 15, 1998, from Gary Cordy to Francine Kaufman.
9 Exhibit 6 — Letter dated April 16, 1984, from Robert W. Minnis to Portland State
University, re: Francine Kaufman.
10
Exhibit 7 — Letter dated June 29, 1998, from Franke Thomas to “To Whom It May
1 1 Concern.”
12 Exhibit 8 — Reynolds High School Teacher Scheduled 1996-97 (5/16/97).
l3 Exhibit 9 — Multnomah ESD District Days Report — Substituting — Francine Kaufman.
‘ 14 Exhibit 10 - Centennial High School - 1st Semester Schedule, dated September 1997
15 (Revised 9/19) — 4 pages.
16 RULINGS
17 Rulings on objections made during the course of the hearing were made by the Chairman
18 and are ratiﬁed and adopted.
FINDINGS OF FACT
I9
1. Francine Lynn Kaufman was issued her initial Oregon Basic Teaching License with a
20 physical education endorsement on August 17, 1979 and was continuously licensed until
September l4, 1998. l
21 ;
22 2. During the relevant period of time Ms. Kaufman was available for employment as a l
substitute and was registered through the Multnomah ESD Substitute Finder Service in 1
23 addition to being subject to call by individual schools. 3
24 . ,
25 1
26
Page 2 - PROPOSED FINDINGS OF FACT CONCLUSIONS OF LAW, OPINION AND ORDER
GMC/tjh/GENOI750DOC Depanmenrorrusnee
1162 Court Street NE
Salem, OR 97310
(503) 3784003

3. During the spring of 1997, Ms. Kaufman was called as a substitute at Reynolds High
. l School. During the day of Kaufman’s substitute assignment, Reynolds High school
2 conducted an earthquake drill as required by ORS 336.071. Kaufman would not
immediately leave the building when instructed by school security personnel. Ms.
3 Kaufman was approached by the principal, Steve Olczak, and continued in her refusal to
leave until Olczak issued a direct order to her. Once outside, Kaufman would not move
4 the required distance from the building until Olczak again issued a direct order to her.
5 4. As a result of this incident, and Kaufman’s inappropriate interpersonal interactions with
6 school personnel, Kaufman’s name was removed from the Multnomah ESD Substitute
Finder List for Reynolds School District.
7
5. On April 25, 1997, Ms Kaufman was called as a substitute, at Femwood Middle School
8 (Portland Public School District). Kaufman began audio tape recording staff members
9 and students in violation of a prior direct order from Portland Public Schools Department
of human Resources to cease this activity.
10 6. By letter dated May 20, 1997, Kaufman was informed that she was removed from the
ll substitute list for Portland Public School district in accordance with the collective
bargaining agreement. This action was triggered by the F emwood incident and was due
12 to a continued pattern of incidents over a period of three years in which Kaufman was
13 confrontational and exhibited unprofessional conduct in her substitute assignments.
.14 7. On September 25, 1997, MS. Kaufman was called to serve as a substitute at Centennial
High School. During this assignment, Ms. Kaufman had numerous interactions with staff
15 members, which exhibited professionally inappropriate behaviors. For example, Ms.
Kaufman approached two staff members and demanded directions to the cafeteria in ﬁve
16 words or less, and became agitated when staff members failed to respond as requested.
17 Also, during that day, Kaufman refused to wear a name badge required of substitute
teachers, tinned off the classroom intercom, and left her class unattended.
l8 '
8. Also on September 25, 1997, at Centennial High School, Kaufman told Arlene Lewis, a
l9 classroom aide, to leave the classroom even though it was Ms. Lewis’ assigned
20 responsibility and She had ongoing duties to fulﬁll in that classroom.
21 9. On September 26, 1997, Ms. Kaufman was called to serve at substitute at Centennial
High School by Multnomah ESD Substitute Finder Service. Upon arriving at Centennial
22 High School, Ms. Kaufman was informed that the school did not need her services that
day, but that she would be paid for the day. Kaufman refused to leave the building when
23 Principal Curt Heath asked her to leave.
24 10. Charlene Harris, Human Resource Director for Centennial SD, was called at the central
25 office and asked to come to the high school to speak directly with Kaufman. Harris
explained that her services were not needed and that she needed to leave the building.
26 Ms. Kaufman only left the building after a lengthy negotiation with Ms. Harris, and only
' after Harris said she would call the police to have her removed. l
Page 3 - PROPOSED FINDINGS OF FACT CONCLUSIONS OF LAW, OPINION AND ORDER 1
GMC/tjh/GEN01750DOC Department of Justice i
1162 Court Street NE .
Salem, OR 97310
(503) arr-6003 a

. 1 ll. As a result of these incidents, Kaufman’s name was removed from the Multnomah ESD
2 Substitute Finder List for Centennial School District.
3 CONCLUSIONS OF LAW
4 Kaufman’s conduct bears a demonstrable relationship to her ﬁtness to serve as an
5 educator:
6 1. Kaufman violated OAR 584-20-010, 030, 040 on September 25 and 26, 1997, at
Centennial High School when she engaged in the acts set out in paragraphs 1 through 4 of
7 the Amended Notice.
8 2. Kaufman violated OAR 584-010, 030, O40 on or about April 25, 1997 at Fernwood
9 Middle School when she engaged in the acts set forth in paragraph 5 of the Amended
Notice.
10
3. Kaufman violated OAR 5 84-20-010, O25, 030, 040 in the spring of 1997 at Reynolds
1 1 High School when she refused to comply with directives as set forth in paragraph 7 of the
Amended Notice.
12
13 4. Kaufman violated OAR 584-20-010, 025, 030, 040 during 1995-97 in Portland public
schools when she engaged in acts set forth in paragraph 8 of the Amended Notice.
. l4
OPINION
15 .
Ms. Kaufman has been removed from the Multnomah ESD’s Substitute Finders List by
16
Reynolds, Centennial and Portland Public School districts. Ms. Kaufman was removed from
17 . .
each of these school district lists for repeated incidents. These action were due to a contmuing
18 . .
pattern of incidents in which Kaufman was confrontational, disruptive, insubordmate and
19 '
exhibited unprofessional conduct in her substitute assignments.
20 .
Ms. Kaufrnan’s inability to follow school district directives created an envrronment that
21
was not conductive to the education process and was in violation of OAR 584-020, 010, 025,
22
O30, and 040.
23
Ms. Kaufman has held an Oregon Teaching License for l9 years and apparently has had
24
prior success in her substitute assignments. However, in the last three years, there are numerous
25 ,
documented incidents in at least three school districts, which indicate a pattern of Ms. Kaufman s
26 . , . .
. inability to conduct herself in a professionally appropriate manner. It 1s the panel s oplnion that
Page 4 - PROPOSED FINDINGS OF FACT CONCLUSIONS OF LAW, OPINION AND ORDER
GMC/tjh/GENO 1750DOC Department of Justice
1 162 Court Street NE
Salem, OR 97310
(503) 318-6003

’ l Ms. Kaufman should seek treatment with a mental health professional to aid in her abilities as a
2 licensed educator and enable her to maintain appropriate personal relationships for a school
3 environment.
4 ORDER
5 After considering the factors listed in OAR 584-20-045, the Commission revokes
6 Francine Kaufman’s right to reinstate her Oregon Teaching License for a period of one year from
7 the date of this Order. The Commission further requires that prior to reinstatement Kauﬁnan
8 provide evidence of her mental ﬁtness to serve as an educator. To meet this requirement
9 Kaufman shall submit a letter from a mental health provider approved by the Executive Director
lO which indicates that she is able to perform the duties of a licensed teacher along with her
1 1 application of reinstatement of her teaching license. Kaufman shall submit a release to permit
12 the Executive Director to obtain written and oral information deemed relevant by the Executive
13 Director from Kaufman’s mental health provider in order for the Executive Director to determine
.14 whether Kaufman is ﬁt to resume teaching in accord with ORS 342.175(3).
15 Upon reinstatement of her teaching license, Kaufman shall be placed on probation for a
16 period of one year. The terms of the probation are as follows:
17 1. Kaufman shall comply with the Standards for Competent and Ethical Performance for j
18 Oregon Educators, OAR 5 84, Division 020. ‘
19 2. Kaufman shall receive mental health services as determined appropriate by a qualiﬁed 1
mental health provider, approved by the Executive Director. ‘
20 t
3. As a condition of probation, Kaufman authorizes her mental health provider to notify the i
21 Executive Director if she fails to comply with treatment recommendations. ‘
22 .
4. Failure to comply with treatment recommendations, unless excused by the Executive
23 Director, will constitute a violation of probation.
24 5 . Failure to comply with probation shall constitute an independent basis for the
25 Commission to suspend or revoke Kaufman’s license. Kaufman will be given notice and
opportunity to contest whether she has violated probation, prior to a sanction being
26 ‘imposed.
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GMC/tjh/GEN01750DOC Depanmem ufjustice
1162 COUIT Street NE
Salem, 0R 97310
(503) 313-6003

’ 1 DATED this _Q;‘j_%y ofNovember 199s.
2 _ TEACHER STANDARDS AND PRACATICES COMMISSION
3 \ .
4 By: kgm éiiEEL/bw ___
5 David V. Myton, Executiv Director
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