v l JUN 2 3 2005 l Tm, mar lftz-‘wv +1“: it i ' P ‘*1 “36;; 15.11132934 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON In the matter of the ) Teaching License of : ) ) STIPULATION OF FACTS, PUBLIC BARBARA JUNE COFFEY. g REPRIMAND AND ORDER On May l4, 2004, the Superintendent of the Gladstone School District sent a report to the Teacher Standards and Practices Commission (Commission) stating that Barbara June Coffey may have violated a statutory obligation to report potential child abuse. Following a preliminary investigation, the Commission issued a Notice of Opportunity for Hearing (Notice) on January 21, 2005. Ms. Coffey requested a hearing. ‘ Afler a review of the matters alleged, Ms. Coffey and the Commission agreed that their respective interests together with the public interest, are best served by a stipulation t0 certain facts and imposition of a public reprimand. This Order sets for the the facts upon which the parties have agreed and the sanction t0 be imposed. In entering into this Stipulation, Ms. Coffey waives the right to a hearing to contest the findings 0f fact, conclusions of law and order set forth below. In signing this Stipulation, Ms. Coffey also acknowledges that she has read and understands the terms of this Stipulation and Order and understands that this Order constitutes the final resolution of the proceeding for the violations alleged in the Notice including any right to appeal therefrom. The Stipulated Order is contingent upon approval and adoption by the full Commission. If the Commission does not adopt this Order neither Ms. Coffey nor the Commission are bound by any stipulations or other matters contained herein, and Ms. Coffey shall retain all rights to a ’ hearing t0 contest the allegations in the Notice. Page l of 4 - STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER . ¥ v WWVWWWV V STIPULATION OF FACTS . Ms. Coffey and the Commission stipulate to the following facts: 1. Ms. Coffey holds a Standard Teaching License with endorsements in Basic Elementary, Basic Health Education, Basic Mathematics and Standard Handicapped Learner. 2. On May 5, 2004, while Ms. Coffey was walking from her car to her church, she was approached by a 12-year old girl who told Ms Coffey about an incident regarding RP, a student of Ms. Coffey‘s. The girl stated that she had witnessed RP's other become very angry at RP and shoving RP against a wall. 3. Ms. Coffey believed the girl's account and contacted RP at school the next morning and inquired about the incident. RP told Ms. Coffey that her mother had pushed RP into a wall, pulled her hair, screamed at her and caused a scratch on RP's arm. 4. Ms. Coffey believed that the issue was resolved because RP told her that RP and her mother had resolved the problem. Ms. Coffey subsequently checked in with RP on a daily basis ' and felt that things were peaceful at home. 5. On May 12, 2004, Ms. Coffey relayed the incident involving RP to the School Counselor who suggested that Ms. Coffey may want to contact Officer Jundt. 6. Later, on May l2, 2004, Officer Jundt pulled Ms. Coffey from a meeting and insisted Ms. Coffey make a mandatory report. 7. On May l4, 2004, the Superintendent of Gladstone School District 115 made a report to the Commission relaying that Ms. Coffey failed to immediately report an incident of potential child abuse involving RP. 8. On May 18, 2004, Pia Leonard, Assistant Superintendent of Gladstone School District 115 spoke with Ms. Coffey about the incident and issued a verbal directive to Ms. Coffey regarding reporting incidents of potential child abuse. Ms. Coffey advised Ms. Leonard that she knew that RP and her mother had resolved their issues and she did not feel she was required to ' report the May 5, 2004 incident. Page 2 of 4 - STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER i I ‘ 9. The Gladstone School District conducts annual in-service training on mandatory child ' abuse reporting requirements. 10. Ms. Coffey has made mandatory reports pursuant to ORS 419B.010 in the past. 11. Subsequent discussions with Ms. Coffey have revealed that Ms. Coffey now understands the severity of her failure to report any possible incidents of child abuse immediately, the consequences of violating ORS 419B.010 and the gravity of her violation of Commission standards. 12. Ms. Coffey feels remorse for this incident of failing to report an incident of possible child abuse immediately. Wéggg game a, was ar ara June C0 y Date Zma/ M’ . .. . '1'} 7W6 M ,7—,ZJ/C,d rctona Ch am, Executive Director Date CONCLUSIONS OF LAW l. Ms. Coffey, a public official, failed to make an immediate report of possible child abuse t0 the Department of Human Services 0r law enforcement as is required under ORS 419B.010. 2. Ms. Coffey's failure to mrflte an immediate report of an incident of possible child abuse to the Department of Human Services or law enforcement constitutes gross neglect of duty in violation of OAR 5 84-020-0040(4)(n) (substantial deviation from professional standards of ethics) as it incorporates OAR 584-020-0010(5) (use of professional judgment) and OAR 584- 020-0025(3)(a) (ethical educator will obey the law), and OAR 584-020-0040(4)(o) (substantial deviation from professional standards) as it incorporates OAR 584-020-0035(3)(a) (ethical educator obeys the laws). . 3. The Commission may consider one or more factors provided at OAR 584-020-0045 as it Page 3 of 4 - STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER l i ' 1 I‘ deems appropriate in its determination of what sanctions should be imposed upon a finding that . an educator has violated any standard set forth in OAR 584-020-0040. DISCUSSION The Commission considers Ms. Coffey's conduct in failing to report a suspected incident of child abuse as gross neglect of duty. The Commission has considered the factors at OAR 584- 020-0045 to determine an appropriate penalty in this instance: Ms. Coffey has made other mandatory reports in the past and this incident appears to be an isolated occurrence; after discussions with the Commission, Ms. Coffey acknowledges her misconduct and now understands the standards for reporting suspected instances of child abuse and further understands that suspected child abuse must be reported in all contexts and instances; and Ms. Coffey has expressed remorse. Based on these consideratins, the Commission will impose a public reprimand. ORDER ' The Commission imposes a public reprimand on Barbara June Coffey and this Order shall serve as the public reprimand. IT IS so ORDERED this i day of 4:’ (rig 1.1/ , 2005. ' -_/' TEACHER/I STANDARDS AND PRACTICES COMMISSION ‘1,141+ 4% 4y /1m ,1 ‘Victoria Ch \ l ‘n, Executive Director Approved as form: A Attorney for Barbara June Coffey O Page 4 of 4 - STIPULATION OF FACTS, PUBLIC REPRIMAND AND ORDER