1 BEFORE THE TEACHER STANDARDS AND PMCTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of ) ORDER OF 4 the Educator License of: ) REINSTATEMENT 5 VANESSA ADRIENNE CARDOSO ) g 8 This matter came before the Commission on November 3, 2017, to consider Vanessa 9 Cardoso’s request to reinstate her right to apply for an Oregon educator license that was revoked 10 by stipulated order on January 30, 2015. Vanessa Cardoso is eligible for reinstatement under the 1 1 Commission’s rules. Cardoso appeared before the Commission unrepresented by counsel. 12 Vanessa Cardoso has complied with all conditions for reinstatement required by the 13 Commission. After reviewing the evidence submitted by Cardoso along with her personal 14 statement to the Commission, the Commission grants the reinstatement of Vanessa Cardoso’s 15 right to apply for any Oregon educator license she may be eligible for. 16 Now therefore, the Commission orders that Vanessa Cardoso’s right to apply for an 17 Oregon educator license is reinstated effective November 3, 2017, and that the Commission issue 18 Vanessa Cardoso a teaching license based on a complete application received January 24, 2017. 19 Furthermore, the Commission imposes a period of four (4) years of probation upon - 20 Cardoso to commence upon reinstatement of her right to apply for an Oregon educator license, 21 issuance of Cardoso’s teaching license, and subject to the following terms and conditions of 22 probation: 23 l. Cardoso will continue to participate in counseling related to her conduct and by a 24 provider approved by the Commission; as follows: 25 a. At a minimum, monthly for the first year of her probation. 26 b. At a minimum, quarterly for the second year of probation. Page 1 ~ORDER OF REINSTATEMENT — VANESSA ADRIENNE CARDOSO 1 c. As recommended by her provider for the remaining two years of her 2 probation. 3 2. Cardoso will report to the Commission in writing, in a manner to be described to 4 her by commission staff; her continued compliance with the terms of her 5 probation to include any criminal / legal issues, employment status, counseling 6 participation, and any employment disciplinary issues; as follows: 7 a. Cardoso will make her reports quarterly for the first two years of her 8 probation period. 9 b. Cardoso will report biannually (every six months) for the following two 1 0 years of her probation period. 11 3. Cardoso as part of her reporting requirements in section two (2) above, will 12 provide the Commission a participation / progress report fi'orn her counseling 13 provider as follows: 14 a. Quarterly for the first year of probation. 15 b. Annually for the remaining three (3) years of probation. 16 4. Cardoso will furnish evidence she has successfully completed Commission 17 approved training in the area of professional boundaries during the first year of 18 her probation. 19 5. Cardoso shall comply with the Standards for Competent and Ethical Performance 2O of Oregon Educators under Oregon Administrative Rules Chapter 584, Division p 21 020. Page 2 —ORDER OF REINSTATEMENT — VANESSA ADRIENNE CARDOSO 1 Violation of any term or condition of probation shall constitute an independent basis for the 2 Commission to revoke Cardoso’s educator license or otherwise impose discipline, after first 3 providing Cardoso with notice and opportunity for hearing. 4 / / / 5 Issued and dated this 3rd day of November, 2017. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 STATE 0F OREGON 8 --—-\ 9 By m Q I; Q4 m ,Z 1O Trent Danowski, Co-Interim Executive Director 1 1 Page 3 —ORDER OF REINSTATEMENT — VANESSA ADRIENNE CARDOSO .\". BEFORE THETEACHER STANDARDS AND PRACTICES COMMISSION _ or THE STATE or OREGON In the Matter of the ) ST IPULATION OF FACI' S AND Educator License of: ) FINAL ORDER 0F REVOCATION AND VANESSA ADRIENNE CARDOSO ) REVOCATION OF RIGHT TO APPLY On or about October r4, 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 - Misdemeanor. After 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 Iicensure. k’ 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 y I _ iggi; fzfgégghogongilAffETghgggg?) OF REVOCATION AND REVOCATION OF RIGHT TO \" ' . herein; (iv) she has fully read this Stipulation and Final Order, and understands it completely; _ (v) she voluntarily, without any force 0r duress, enters into this Stipulation and Final Order and = - consents to issuance and entry 0f 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 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 t0 contest the findings of fact, conclusions of law and order set forth below. STIPULATION OF FACT S \i 1. The Commission has licensed Cardoso since October 15, 2009. Cardoso currently holds . an Initial ITeaching License with an endorsement in Multiple Subjects Self-Contained i (ECE/EIE), which was issued on October 15, 2009, and was scheduled to expire on July h 3, 2013. On June 21, 2013, Cardoso submitted an “incomplete” C1 application for if i I renewal. On September 3, 2013, Cardoso submitted a complete application for renewal, i 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 I _ 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 20, 2012, by a plea agreement Cardoso was convicted of two (2) counts of Harassment, ORS 166.065, a class B misdemeanor for \r 22%;; _S\1;E':JELQ;IIXO:DORFI=EZANCET(S:A€?)%Z% OF REVOCATION AND REVOCATION OF RIGHT TO \, subjecting student AC to offensive physical contact (sexual). As part of Cardoso’s t agreement with the court, she participated in a psychosexual evaluation prior to i i A 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 .i- 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 _ ' communications 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. ' / / / _ __ 1r 1s so STIPULATED: I [/Q'A/ 4111/ “5'20 . i i _____._ /».’-’.a drienne - wso / _ Date ' @7710] _ll’ 11.4.14 / 41 ¢’é'020/&: : __ 'ictona Cha ‘5 ain, Executive Director Date Teacher Standa ~ = d Practices Commission CONCLUSION 0F LAW \w Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - VANESSA ADRIENNE CARDOSO \' v Vanessa Adrienne Cardoso subjected a student to sexual contact. Cardoso was I 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-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional A judgment); and OAR 584-020-oo4o(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 - for which the educator was convicted render the educator unfit to hold a license). This conduct i ' also constitutes gross unfitness in violation of ORS 342.175(1)(e); OAR 584-020-004o(5)(d) . (Commission of an oct listed in OAR 584-020-0040(1)), and OAR 584-020-0040(5)(e) _ (Admission of or engaging in acts constituting criminal conduct, even in the absence of a "If conviction). _- i v Cardoso’s conduct underlying her indictments and convictions constitutes gross neglect ‘A of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040t4)(n) as it incorporates OAR \v 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- . 020-0035(1)(c)(D)(Honoring appropriate adult boundaries with students in conduct and g - 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- 020-0040(4)(f) (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- '_ 0040(3)(a) and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is any conduct I‘: - which renders an educator unqualified to perform his or her professional responsibilities"). ; i 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 584-020-004o(4)(n) as it incorporates OAR 584-020- '_ 0010(5) (Use professional judgment); OAR 584-o2o-oo4o(4)(k) (knowing violation of any I‘ - order or rule of the Commission); OAR 584-020-0040(4)(0) as it incorporates OAR 584-020- \' Page 4 STIPULATION OF FACTS, ORDER OF REVOCATION AND REVOCATION OF RIGHT TO _ APPLY - VANESSA ADRIENNE CARDOSO \, oo35(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 l romantic 0r 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 584-020-004o(4)(t) (Any sexual conduct with a student). The Commission's authority to impose discipline in this matter is based upon ORS 342-175- , - / / / . ' ORDER The Commission adopts the above Stipulation of Facts, revokes Vanessa Adrienne ~ ' Cardoso’s educator license, and revokes Vanessa Adrienne Cardoso’s right to apply for an educator license. V I‘ ‘fk ‘fi/ IT IS SO ORDERED thisxi)_ day of January, 201/4/4 \_, TEACHER STfiDARDS AN’) PRACTICES COMMISSION / ‘ 7 ‘ B _ I? :42 02%’? I 225/,444%4/54/A/ Victoria Cha r ain, Executive Director V Page 5 STIPULATION OF FACTS, ORDER OF REVOCATION AND REVOCATION OF RIGHT TO . APPLY - VANESSA ADRIENNE CARDOSO