l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 JANET ANNE BRENT ) PUBLIC REPRIMAND 6 . 7 8 On December 2o, 2012, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Janet Anne Brent (Brent) in which the 10 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class 1 l Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0585 to the address on file with the 12 Commission. The Notice designated the Commission file as the record for purposes of proving a 13 prima facie case. The Certified Mail was not returned t0 the Commission, and the return receipt 14 was received by TSPC on January 8, 2013. The regular mail was not returned to the , 15 Commission. The Notice of Opportunity 0f Hearing, dated December 20, 2012, and signed by 16 Victoria Chamberlain, Executive Director, stated: l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR l9 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. ‘ 20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A l Zl HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY , 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER i 23 DISCIPLINE.” 24 25 Brent did not request a hearing. The Commission, therefore, finds Brent to be in default and 26 enters the following findings of fact, conclusions of law, and final order, based on the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Janet Anne Brent has been licensed by the Commission since September 11, 2003. Brent's 30 Initial I Teaching License, with an endorsement in Multiple Subjects Self-Contained (ECE, 31 ELE), was issued July 28, 2010, and expires 0n September 11, 2013. During all relevant 32 times, Brent was employed by the Eugene 4J School District. 33 2. On December 15, 2011, the Commission received a report from the Eugene School District alleging 34 Brent violated professional standards and practices. The resulting Commission investigation 35 determined that on November 4, 2011, while Brent was employed as a substitute teacher at the 36 Bertha Holt Elementary School, Brent lost control while teaching a fifth grade physical education 37 class. Specifically, Brent raised her voice at a student, physically grabbed this student by the 38 shoulders, squeezed him and shoved him down, causing him to cry. Students and parents observed 39 Brent’s behavior and described Brent’s classroom management as poor. Students reported being PAGE 1-DEFAULT ORDER PUBLIC REPRIMAND- BRENT, JANET ANNE 1 upset and afraid because of Brent’s behavior. Both the school district’s and the Commission’s 2 investigations determined Brent’s use of force on the involved student to be excessive, 3 inappropriate, and in violation of local policy. 4 CONCLUSIONS OF LAW 5 Brent’s conduct described in section two (2) above, constitutes gross neglect of duty in 6 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 7 0010(1) (Recognize the worth and dignity 0f all persons and respect for each individual), OAR 8 584-020-0010(5) (Use professional judgment), OAR 584-020-0030(3)(d) (Skill in reconciling 9 conflict); and OAR 584-020-0040(4)(d) (Unreasonable physical force against students, fellow 10 employees, or visitors to the school, except as permitted under ORS 339.250). 1 l The Commission’s authority to impose discipline in this matter is based upon 12 ORS 342.175. 13 FINAL ORDER 14 The Commission hereby issues a Public Reprimand upon Janet Anne Brent’s Educator 15 licensure. ‘A l6 IT IS SO ORDERED THIS [q ’ day 0f June, 2013. 17 TEACHER STANDARDS AND PRACTICES COMMISSION l8 By: 19 Victoria Chamberlain, Executive Director 20 21 22 23 NOTICE OF APPEAL OR RIGHTS 24 25 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 26 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 27 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 28 THE OREGON COURT OF APPEALS. ‘ l PAGE 2-DEFAULT ORDER PUBLIC REPRIMAND- BRENT, JANET ANNE 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: Janet Anne Brent It Dated this [elk day of June, 2013. By: Patt id ell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- BRENT, JANET ANNE