1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON , 3 In the Matter of the ) STIPULATION or FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAND 5 TAMMY ELLEN REYNOLDS ) AND PROBATION (75 On December 10, 2014, the Commission received a report from the Beaverton 8 School District indicating that Tammy Ellen Reynolds (Reynolds) may have violated 9 professional standards and local policy. On June 8, 2015, the Commission received an 1O additional district report regarding Reynolds, alleging Reynolds had violated 1 1 professional standards and local policy related to another incident. 12 After review of the matters alleged, Reynolds and the Commission agree that 13 their respective interests, together with the public interest, are best served by a 14 stipulation to certain facts, the imposition of a public reprimand, and a period of 1 5 probation. 16 By signing below, Reynolds acknowledges, understands, stipulates, and agrees to 17 the following: (i) she has been fully advised of her rights to notice and a hearing to 1 8 contest the findings of fact, conclusions of law, and order set forth below, and fully and 19 finally waives all such rights and any rights to appeal or otherwise challenge this 20 Stipulation of Facts and Final Order of Reprimand and Probation (Stipulation and Final 21 Order); (ii) this Stipulation and Final Order is a public document and disclosed to the 22 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 24 Commission does not approve and adopt this Stipulation and Final Order, then neither 25 Reynolds nor the Commission are bound by the terms herein; (iv) she has fully read this 26 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without 27 any force or duress, enters into this Stipulation and Final Order and consents to issuance 28 and entry of the Stipulated Final Order below; (vi) she states that no promise or 29 representation has been made t0 induce her to sign this Stipulation and Final Order; and 30 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and 31 has been fully advised with regard to her rights thereto, 0r waives any and all rights to 32 consult with an attorney prior to entering into this Stipulation and Final Order and 33 issuance and entry of the Stipulated Final Order below. 34 / / / Page 1 STIPULATION OF FACTS AND FlNAL ORDER OF REPRIMAND AND PROBATION- TAMMY ELLEN REYNOLDS 1 STIPULATION OF FACTS 2 1. Tammy Reynolds has been licensed by the Commission since January 8, 1981. Reynolds’ 3 Professional Teaching License, with endorsements in Elementary- Multiple Subjects 4 (PK-12), Reading Intervention (PK-12) and Special Education: Generalist (PK-12), is 5 valid from July 20, 2015, through July l9, 2020. During all relevant times, Reynolds was 6 employed by the Beaverton School District. 7 2. On December 10, 2014, the Commission received a report from the Beaverton School 8 District indicating Reynolds may have committed acts of unprofessional conduct in the 9 area of unnecessary physical force with students. Investigation determined that on 10 November 14, 2014, Honey Brimble, an Instructional Assistant (IA) working in 1 1 Reynolds’ classroom, witnessed Reynolds physically grab a kindergarten-age-student by 12 his arms, pull him around her body, and then forcibly made the student sit on the floor. 13 The IA also reported witnessing Reynolds inappropriately shouting and yelling at 14 students. The IA stated that the sheer force and manner of Reynolds’ interaction was 15 stunning and it made her uncomfortable and unsure how to intervene. Follow up with the 16 involved student’s parents determined that the student also recalled the incident and 17 described Reynolds forcibly handling him and making him sit down hard. The parent 18 expressed appreciation for Reynolds and belief she is a good teacher, but was concerned 19 about this interaction. On December 2, 2014, the district issued Reynolds a written 20 reprimand based 0n the incident and multiple district policy violations. The reprimand 21 included five days of time off without pay. This was a result of progressive discipline 22 based upon a prior reprimand issued in November 2013, regarding a similar incident 23 involving forceful physical contact with a student. 24 3. On June 8, 2015, the Commission received an additional report from the Beaverton 25 School District indicating Reynolds may have committed additional acts of 26 unprofessional conduct in the area of unnecessary physical force with students. 27 Investigation determined that on May 15, 2015, Bettina Curl, a volunteer who was the 28 sister of another teacher, reported to school officials that she witnessed Reynolds jab a 29 kindergarten student twice in the leg with her crutch while she aggressively scolded him 30 for not standing in line during the fire drill. The student reported to his parents that 31 Reynolds got angry at him for not being in line and hit him on the back/ shoulder. Other 32 adults interviewed, including one in the vicinity of Reynolds, reported they did not Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- TAMMY ELLEN REYNOLDS 1 observe any physical force or contact by Reynolds. On June 15, 2015, the district issued 2 Reynolds a letter as a result of this incident. The letter advised that because of this and 3 related past incidents, the district was initiating the termination of Reynolds’ 4 employment. Rather than fight the proposed termination, on June 30, 2015, Reynolds 5 retired from employment with the district. 6 7 8 9 IT IS SO STIPULATED: 1 0 ,.= 1 1 8125-’! lD/ e 12 Tammy Ellen olds Date 13 ., . . 14 fZ 2 Era/era, [/équz/ ‘4 [M [yr c‘ /é~ 15 Monica Beane, Executive Director Date ‘ 16 Teacher Standards and Practices Commission l 17 / / / 18 / / / 1 9 20 CONCLUSION OF LAW 21 Tammy Ellen Reynolds’ conduct described above constitutes gross neglect of duty 22 in vioIation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584- 23 020-001o(5) (Use professional judgment), OAR 584-020-0020(2)(d) (Skill in the 24 supervision of students), OAR 584-020-0025(2)(a) (Establishing and maintaining 25 classroom management that is conducive to learning), OAR 584-020-0025(2)(e) 26 (Using district lawful and reasonable rules and regulations); and OAR 584-020- 27 0040(4)(d) (Unreasonable physical force against students, fellow employees, or 28 visitors to the school, except as permitted under ORS 339.250). 29 The Commission’s authority to impose discipline in this matter is based upon 30 ORS 342.175. I 31 Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- TAMMY ELLEN REYNOLDS Winfi——_——___— 1 ORDER l 2 The Commission adopts and incorporates herein the above findings of fact and 3 conclusions of law, and based thereon, imposes a Public Reprimand on Tammy Ellen 4 Reynolds’ Teaching License. 5 Furthermore, the Commission imposes a period of four (4) years of probation 6 upon Reynolds to commence from flre date this order is signed by the Commission and 7 subject to the following conditions: 8 1. Reynolds shall comply with the Standards for Competent and Ethical 9 Performance of Oregon Educators under Oregon Administrative Rules Chapter 1O 584, Division 020. 1 1 12 Issued and dated this iii: day of f1 20mg!- , 20 /_,(e . 1 3 TEACHER STANDARDS AND PRACTICES COMMISSION 14 STATE OF OREGON 12 By 22 2 0m M 17 Monica Beane, Executive Director Page 4 STIPULATION OF FACTS AND FlNAL ORDER OF REPRIMAND AND PROBATION- TAMMY ELLEN REYNOLDS CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Tammy Ellen Reynolds 18271 SW Ewen DR Beaverton, OR 97003-3816 DATED this [é f(‘day of November, 2016. By: tty Sheldon Investigative Assistant Certificate of Mailing — Tammy Ellen Reynolds Data Classification Level: l» Published DO: Sheldon