. , BEFORE THETEACHER STANDARDS AND PRACTICES COMMISSION _ or THE STATE OF OREGON ' - ln the Matter of the ) ST IPULATION OF FACTS AND Educator License of: ) FINAL ORDER OF REV OCATION AND VANESSA ADRIENNE CARDOSO ) REVOCATION OF RIGHT TO APPLY 0n or about October I4, 2011, the Teacher Standards and Practices Commission -. (Commission) received a report from the Reedsport School District, indicating that licensed educator Vanessa Cardoso (Cardoso) had violated professional standards. On December 20, ‘ 2012, Cardoso pled “no contest" to two counts of Harassment, ORS 166.065(3), a class B 1 i Misdemeanor. ‘ Afler review of the matters alleged, Cardoso and the Commission agree that their respective interests, together with the public interest, are best served by a stipulation to certain -. facts, revocation of Cardoso’s Oregon Teaching License, and revocation of Cardoso‘s right to apply for licensure. This document sets forth the facts upon which the parties have agreed and the stipulated sanction to be imposed. Cardoso stipulates that there is sufficient evidence in the Commission's files and records to support the findings of fact, conclusions of law, and order set forth below. By signing below, Cardoso acknowledges, understands, stipulates, and agrees to the following: (i) she has been fully advised of her rights to notice and a hearing to contest the findings of fact, conclusions of law, and order set forth below, and fully and finally waives all , such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Revocation and Revocation of Right to Apply (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by the Commission. If the Commission does not approve and adopt this Stipulation and Final Order, then neither Cardoso nor the Commission are bound by the terms ‘I Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION AND REVOCATION OF RIGHT TO ' _ ' APPLY -VANESSA ADRIENNE CARDOSO ' "5 . herein; (iv) she has fully read this Stipulation and Final Order, and understands it completely; _ ' (v) she voluntarily, without any force or duress, enters into this Stipulation and Final Order and 1 . consents to issuance and entry of the Stipulated Final Order below; (vi) she states that no promises or representation has been made to induce her to sign this Stipulation and Final i Order; and (vii) she has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with regard to her rights thereto, or waives any and all rights to consult with an attorney prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. Cardoso stipulates that there are sufficient facts i . contained in the Commission's files and records to support the findings of fact and conclusions of law set forth below. In entering into this stipulation, Cardoso waives the right to a hearing to contest the findings of fact, conclusions of law and order set forth below. S'I'IPULA'I'ION OF FACTS I 1. The Commission has licensed Cardoso since October 15, 2009. Cardoso currently holds I an Initial I Teaching License with an endorsement in Multiple Subjects Self-Contained i (ECE/ELE), which was issued on October 15, 2009, and was scheduled to expire on July v 3, 2013. 0n June 21, 2013, Cardoso submitted an “incomplete” C1 application for it ~ renewal. On September 3, 2013, Cardoso submitted a complete application for renewal, ‘ 7' and Cardoso’s expiration was pended awaiting the outcome of ongoing investigations. During all relevant times, Cardoso was employed by the Reedsport School District. 2. On October 14, 2011, the Commission received a report from the Reedsport School ~ . District indicating Cardoso violated professional standards and was under investigation . by local law enforcement for possible criminal acts. '~ 3. On November 14, 2011, Cardoso was indicted for the crimes of ten (10) counts of Sexual Abuse 2, a class C felony. On December 2o, 2012, by a plea agreement Cardoso was convicted of two (2) counts of Harassment, ORS 166.065, a class B misdemeanor for Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY — VANESSA ADRIENNE CARDOSO subjecting student AC to offensive physiml contact (sexual). As part of Cardoso’s '; agreement with the court, she participated in a psychosexual evaluation prior to ~ i sentencing. Cardoso’s evaluation determined her to “Be very low risk of sexually abusing anyone in her community or child in her care". As a result, Cardoso was sentenced to one year (1) in jail (suspended down to 30 days in jail), fines, 24 months of probation, and required to undergo any recommended treatment. 4. These indictments and subsequent convictions arose from allegations that Cardoso, on or about September 2010 through 2011, engaged in sexual contact with AC, a student at Reedsport Community Charter School. 5. In addition to Cardoso’s conduct that led to her indictments and convictions, investigation has determined Cardoso engaged in additional inappropriate conduct involving student AC. During the years of 2010 and 2011, while AC was a student and a minor until turning age 18 on September 14, 2011; Cardoso wrote AC letters that , contained intimate conversation, sexual content, and other inappropriate _ ' communiwtions between a student and a teacher. Cardoso provided and paid for a cellular phone which Cardoso gave to AC. 6. On November 25, 2011, Cardoso and AC were married. Cardoso and AC now have two . children, born November 20, 2012, and April 24, 2014, respectively. ~ ‘ / / / _ IT 1s so STIPULATED: ' / n14 1111/ _I_I_‘MLLL— /-!-/~a 'drienne . w 1 so / ‘ Date ' [bl/‘1” It *1/1 . 2. 12 / 1. M 1ctor|a Cha ‘5 ain, Executive Director Date Teacher Standar 1. ¢ d Practices Commission CONCLUSION OF LAW Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY — VANESSA ADRIENNE CARDOSO ———— l I‘ Vanessa Adrienne Cardoso subjected a student to sexual contact. Cardoso was l subsequently convicted of two counts of Harassment (ORS 166.065), a class B Misdemeanor. Cardoso’s criminal conviction constitutes gross neglect of duty in violation of ORS 342.175(1)(b); _ OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional _ judgment); and OAR 584-020-0040(3)(a) (Has been convicted of a crime not listed in section > ' (1) of this rule, if the Commission finds that the nature of the act or acts constituting the crime ‘ I for which the educator was convicted render the educator unfit to hold a license). This conduct Q ‘ also constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(d) . (Commission of an act listed in OAR 584-020-0040(1)), and OAR 584-020-oo4o(5)(e) _ (Admission of or engaging in acts constituting criminal conduct, even in the absence of a ' _'l' ' conviction). _- I I Cardoso’s conduct underlying her indictments and convictions constitutes gross neglect ‘H I of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional judgment); OAR 584-020-oo4o(4)(k) (knowing violation of any order or rule of the Commission); OAR 584-020-004o(4)(0) as it incorporates OAR 584- ' o20-0035(1)(c)(D)(Honoring appropriate adult boundaries with students in conduct and _ ' conversations at all times), OAR 584-020-0035(3](a)(Maintain the dignity of the profession by respecting and obeying the law, exemplifying personal integrity and honesty); and OAR 584- o20-0040(4)(t) (Any sexual conduct with a student). Additionally, your convictions and , conduct constitute “gross unfitness” in violation of ORS 342.175(1)(c), OAR 584-020- I oo40(3)(a) and (d) as defined by OAR 584-020-0040 (5) (“Gross unfimess is any conduct ~ which renders an educator unqualified to perform his or her professional responsibilities"). L I ' ‘I Cardoso’s conduct described in section five (5) above constitutes gross neglect of duty in . . violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- I -_ ' 0010(5) (Use professional judgment); OAR 584-020-0040(4)(k) (knowing violation of any I. , order or rule of the Commission); OAR 584-o2o-oo4o(4)(0) as it incorporates OAR 584-020- ‘ Page 4 STIPULATION OF FACTS, ORDER OF REVOOATION AND REVOCATION OF RIGHT TO l _ APPLY — VANESSA ADRIENNE CARDOSO ‘ l 0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate interest in a . . student's personal life), OAR 584-020-0035(1)(c)(B) (Not accepting or giving or exchanging j romantic or overly personal gifts or notes with a student), OAR 584-020- oo35(1)(c)(D)(Honoring appropriate adult boundaries with students in conduct and conversations at all times); and OAR 584-020-oo4o(4)(f) (Any sexual conduct with a student). The Commission's authority to impose discipline in this matter is based upon ORS 342-175- , - /// . ' ORDER v The Commission adopts the above Stipulation of Facts, revokes Vanessa Adrienne \ ' Cardoso’s educator license, and revokes Vanessa Adrienne Cardoso’s n'ght to apply for an educator license. 7% w) IT IS SO ORDERED thisfl day of January, 201/1/4 I TEACHER ST DARDS A7) PRACTICES COMMISSION w. /@ QWMM Victoria Cha r ain, Executive Director Page 5 STIPULATION OF FACTS, ORDER OF REVOCATION AND REVOCATION OF RIGHT TO _ APPLY - VANESSA ADRIENNE CARDOSO ' I CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order 0f Revocation and Revocation of Right to Apply, certified by rne as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Vanessa Adrienne Cardoso 2263 Donovan Drive Eugene, OR 97401-1785 DATED this [2 Matty ofFebruaIy, 2015. By: P Liddell Investigative Assistant Certificate of Mailing — Cardoso, Vanessa Adrienne Data Classification Level: 3 — Confidential DO: Liddell