1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAND 5 DEANNA MARIE CINTAS ) AND PROBATION g On or about April 16, 2013, the Teacher Standards and Practices Commission 8 (Commission) received a report from the Banks School District indicating that Deanna 9 Cintas (Cintas), failed to make a mandatory report of a possible child abuse situation. 1 0 After review of the matters alleged, Cintas and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts and the imposition of a public reprimand with a four year probation period. 13 By signing below, Cintas acknowledges, understands, stipulates, and agrees to the 14 following: (i) she has been fully advised of her rights to notice and a hearing to contest 15 the findings of fact, conclusions of law, and order set forth below, and fully and finally 16 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 17 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii) 18 this Stipulation and Final Order is a public document and disclosed to the public upon 19 request to the Commission; (iii) this Stipulation and Final Order is contingent upon and 20 subject to approval and adoption by the Commission. If the Commission does not 21 approve and adopt this Stipulation and Final Order, then neither Cintas nor the 22 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and 23 Final Order, and understands it completely; (v) she voluntarily, without any force or 24 duress, enters into this Stipulation and Final Order and consents to issuance and entry of 25 the Stipulated Final Order below; (vi) she states that no promise or representation has 26 been made to induce her to sign this Stipulation and Final Order; and (vii) she has 27 consulted with an attorney regarding this Stipulation and Final Order and has been fully 28 advised with regard to her rights thereto, or waives any and all rights to consult with an 1 Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION- CINTAS, DEANNA 1 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 2 the Stipulated Final Order below. 3 STIPULATION 0F FACTS 4 1. Deanna Cintas has been licensed as a School Counselor in Oregon since September 5 23, 2010. Cintas’ Initial I School Counselor License, with an endorsement in School ‘ 6 Counselor (ECE/ELE, ML/ HS) was issued on September 23, 2010, and was valid 7 until September 23, 2013. Cintas did not submit an application for renewal prior to 8 expiration of her license. During all relevant times, Cintas was employed by the 9 Banks School District. 1O 2. On April 16, 2013, the Commission received a report from the Banks School District 1 1 indicating that Cintas may have failed to make a mandatory report of child abuse. 12 3. On April 12, 2013, a student reported to Cintas, and other involved staff, that he was 13 afraid to go home after school because his teacher had contacted his mother earlier in 14 the day, and the student knew he would be in trouble with his morn. The student and 15 his sister explained that when he got in trouble, his mother would get mad and 16 sometimes physically abuse him by smacking him. Cintas became the primary 17 contact for the students, interviewing them and providing them assistance; Cintas 18 ultimately sent them home without contacting either law enforcement or the DHS 1 9 authorities. The Principal caused the children to be stopped on their way home and 20 returned to the school, while having local law enforcement contacted to make the 21 required mandatory report of possible child abuse. The administration determined 22 that if they had not intervened in the situation, the involved children would have 23 been sent home to a possible abusive situation, and in their opinion, Cintas would 24 never have made the required mandatory abuse report. 25 4. School district reports indicate a total of five instances where Cintas had cause to 26 make a mandatory child abuse report but failed to recognize the need, had delayed 27 unnecessarily before making a required report, and/or had to be told 0r prompted to Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION- CINTAS, DEANNA 1 make the required report. The district reports they have provided Cintas with the 2 necessary training regarding the mandatory reporting laws and policies and have 3 coached and directed Cintas on several occasions in an effort to correct deficiencies 4 in this area. Cintas disagrees with the district’s assertions and a review of Cintas’ 5 personnel file shows no formal documentation of prior problems in this area, nor any JV 6 supporting materials indicating any additional training in the area of ch11 ‘my 7 reporting. 8 FEB 2 7 2014 9 rr IS so srrrumrnn; ,Igififig'sségmlgjia ii) dflflg g g; g (1'44 £11- 4 4 Zg 2631/2 12 Dea Marie Cint ' Date 12 ,22 ,/., 4 ' 51-22 15 ‘ ictoria Ch in ; Executive Director Date 16 Teacher Standards and Practices Commission 1 7 18 CONCLUSION OF LAW 19 Deanna Marie Cintas’s conduct constitutes gross neglect of duty in violation of ORS 20 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use 21 professional judgment); and OAR 584-020-oo4o(4)(s) (Failing to report child abuse pursuant 3 22 r0 ORS 4193.010). 23 The Commission’s authority to impose discipline in this matter is based upon ORS 24 342.175. 25 ORDER 26 Based on the foregoing, the Commission hereby orders as follows: 27 i. The Commission adopts and incorporates herein the above findings of fact and 28 conclusions of law, and based thereon, imposes a Public Reprimand on Deanna 29 Marie Cintas’s Educators License; 30 2. Cintas will be placed on probation for a period of four (4) years from the date of Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION- CINTAS, DEANNA 1 reinstatement subject to the following conditions: 2 a) Cintas will successfully complete approved training in the area of Child Abuse 3 Reporting and submit documentation of such training as a requirement for 4 renewal of her licensure. 5 b) Cintas shall comply with the Standards for Competent and Ethical Performance 6 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 7 020. 8 Violation of any term or condition of probation shall constitute an independent basis for 9 the Commission to revoke Cintas’s educator license, revoke her right to apply for a i 1O license, 0r otherwise impose discipline, after first providing Cintas with notice and i 1 1 opportunity for hearing. 12 Issued and dated this fly of March, 2014. 13 TEACHER STANDARDS AND PRACTICES COMMISSION 14 STATE OF REGON . 1 6 B 17 Vic oria Chamb i 'cutive Director Page 4 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION- CINTAS, DEANNA 1 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: Deanna Marie Cintas 731 NE Schuyler ST Portland, OR 97212-3924 DATED this [31/5 day OfMaICh, 2014 By: ‘W ‘ atty de Investigative Assistant CERTIFICATE OF MAILING — CINTAS, DEANNA MARIE