BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON In the Matter of the ) STIPULATION OF FACTS AND Educator License 0f ) FINAL ORDER OF SUSPENSION PAUL MICHAEL MULLOY ) On or about October 7, 2016, the Teacher Standards and Practices Commission (Commission) received a report from the Beaverton School District, indicating possible misconduct related to Paul Michael Mulloy’s (Mulloy) professional boundaries. After review of the matters alleged, Mulloy and the Commission agree that their respective interests, together with the public interest, are best served by a stipulation to certain facts, and the imposition of a thirty (30) day suspension of Mulloy’ Oregon educator license. This document sets forth the facts upon which the parties have agreed and the stipulated sanction to be imposed. Mulloy stipulates that there is sufficient evidence in the Commissions files and records to support the findings of fact, conclusions of law, and order set forth below. By signing below, Mulloy acknowledges, understands, stipulates, and agrees to the following: (i) he has been fully advised of his 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 Suspension (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 Mulloy nor the Commission are bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION — PAUL MICHAEL MULLOY regard to his 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. STIPULATION OF FACT S 1) The Commission has licensed Mulloy since July 8, 2011. Mulloy holds an Initial I Teaching License, with endorsements in Middle School Language Arts (ML), Social Studies (HS, ML), and Multiple Subjects (MIDLVL), valid from October 9, 2014, through August 5, 2018. During all relevant times, Mulloy was employed by the Beaverton School District. 2) On October 7, 2016, the Commission received a report from Beaverton School District advising that Mulloy had been investigated for conduct that may be considered gross neglect 0f duty 01' gross unfitness. The report alleges Mulloy was disciplined for failing to observe professional boundaries in communications with female students. Mulloy was later found to have continued a pattern of unprofessional communications related to inappropriate teacher / student boundaries. 3) On or about January 6, 2016, Beaverton School District received information alleging Mulloy had boundary issues with students. Investigation determined that Mulloy had continued contact with former female students who had moved on to high school by means of text messaging and social media. The context of these communications included school, sports, and personal issues. Mulloy indicated that he perceived himself as a mentor, counselor, and an advisor of sorts to these students. Mulloy provided advice to these students related to school assignments, school activities and social activities. On one instance Mulloy provided guidance to a student who was experiencing an eating disorder where Mulloy encouraged her to communicate with her parent. Investigation determined these were the only communications between Mulloy and the students. Several of the involved student’s parents were aware of the communications. Mulloy acknowledged that the communications were unprofessional and immediately ceased participation. On January 29, 2016, Mulloy was issued a “Letter of Concern” where Mulloy was directed to use good judgement and maintain only professional relationships and communications with students. Mulloy was told to never communicate with current or former students through texting or social media platforms. Mulloy was advised to comply and follow district expectations related to professional standards, specifically “Not demonstrating or expressing professionally inappropriate interest in a student’s personal life; not accepting or giving or exchanging romantic or overly Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION — PAUL MICHAEL MULLOY personal gifts or notes with a student; and honoring appropriate adult boundaries with students in conduct and conversations at all times”. 4) On August 30, 2016, school officials learned that Mulloy had been communicating with recently graduated students either face to face or via the Instagram social media platform. Mulloy explained the context of these communications were that of a former teacher checking on their college plans and areas of study. Mulloy explained that he did not believe his conduct violated the letter of concern because these students were now graduated. Several of the involved students described being uncomfortable with the nature of Mulloy’s communications. In the course of the district’s investigation it was learned that Mulloy had also been communicating with current district students who had not yet graduated. Mulloy explained that he believed he was not in violation of the directive because Mulloy only used his school district email to facilitate these communications and did not use texting or social media. Some examples of Mulloy’s inappropriate communications include the following: 0 Mulloy sent female, high school student MGH over 15o emails after receiving the letter of concern. On February 2, 2016, (shortly after receiving the Letter of Concern) Mulloy emailed MGH and stated that this (email communication) would be the best way to communicate, “at least for the next couple of years.” o On Saturday, April 30, 2016 at 12:19 am, Mulloy emailed MGH, “You’re smart, beautiful, kind, fun to be around...you will have plenty of success.” n Later that same morning, (April 30th) at 9:03 am, Mulloy emailed, “0k so I just realized I said beautiful and I’m really sorry. I was half awake and should not have said that. Not sure what I was thinking...Sorry.” . On May 3, 2016, a Tuesday and school night at 11:19 pm, Mulloy emailed MGH, “hey are you still up?” c On May 10, 2016, a Tuesday and school night at 9:31 pm, Mulloy emailed MGH “Hey. So you popped up on my Instagram like search thing and I saw a picture of you from prom and you looked great just fyi :)...” 5) Investigation concluded that Mulloy had inappropriately communicated with students and former students in such a manner that made them feel uncomfortable. These communications were often personal, unprofessional, and in violation of the spirit and intent of the letter 0f concern Mulloy received on January 29, 2016. District officials determined that Mulloy was not honest and forthright in his participation in the investigation(s). Furthermore it was determined Mulloy had failed to meet the defined standards set in his January 29, 2016, letter of concern and that Mulloy Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION - PAUL MICHAEL MULLOY had violated related district policies. The district advised they would be seeking Mulloy’s termination and effective October 31, 2016, Mulloy resigned his employment with the Beaverton School District. IT IS SO STIPULATED: _%%_ ML Bdul ich Mulloy Date M ML Dr. Monica Beane, Executive Director Date Teacher Standards and Practices Commission CONCLUSIONS OF LAW The above described conduct that Paul Michael Mulloy engaged in 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- 0010(5) (Use professionaljudgrnent), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and regulations), OAR 584-020-0030(2)(b) (Skill in communicating with administrators, students, stafl, parents, and other patrons); and OAR 584-02o-oo4o(4)(o) as it incorporates, OAR 584-020-0035(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 romantic or overly personal gifts or notes with a student), and OAR 584-020- 0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and conversations at all times). The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. ORDER The Commission hereby adopts and incorporates herein the above stipulation of facts, conclusions of law, and based thereon hereby imposes a thirty (30) day suspension upon Mulloy’s Oregon educator license as follows: Paul Michael Mulloy’s Oregon educator license is hereby suspended for thirty (30) days following the adoption of this order. Page 4 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION — PAUL MICHAEL MULLOY IT IS SO ORDERED this May of November, 2017. TEACHER STANDARDS AND PRACTICES COMMISSION / / By: 7; g E5 W344 Fen)’ 37 qum-JJ/{ff (A, r leetpr Page 5 STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION —- PAUL MICHAEL MULLOY