1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF 6 WHITNEY SUZANNE SHIPMAN ) LICENSURE 7 8 9 On August 17, 2016, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Whitney Suzanne Shipman (Shipman) in 11 which the Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. 12 First Class Mail and U.S. Certified Mail Receipt 7015 3010 0002 3171 1033 to the address on 13 file with the Commission. The Notice designated the Commission file as the record for 14 purposes of proving a prima facie case. The Certified Mail was returned “Unclaimed” t0 the 15 Commission on September 15, 2016. The first class mail was not returned to the 16 Commission. The Notice 0f Opportunity of Hearing, dated August 17, 2016, and signed by 17 Dr. Monica Beane, Executive Director, stated: l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 2l REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Shipman did not request a hearing. The Commission, therefore, finds Shipman to be in 27 default and enters the following findings of fact, conclusions of law, and final order, based 28 on the files and records of the Commission concerning this matter. 29 3O FINDINGS OF FACT 31 1. Shipman been licensed as a teacher in Oregon since November 19, 2015. Shipman 32 currently holds an Initial Teaching License, with endorsements in Integrated Science 33 (PK-12) and Special Education: Generalist (PK-12), valid from November 19, 2015, 34 through May 19, 2017. During all relevant times, Shipman was employed by the 35 Salem-Keizer School District. 36 2. On February 12, 2016, the Commission received a report from the Salem-Keizer 37 School District alleging you had violated professional standards. Investigation PAGE 1-DEFAULT ORDER OF REVOCATION OF LlCENSURE-WHITNEY SUZANNE SHIPMAN 1 determined that you were employed as a contracted teacher through an Illinois 2 company called Bilingual Therapies. 3 4 On two occasions during the month of January 2016, Salem-Keizer school district 5 employees reported to administrators that they suspected you were under the 6 influence of alcohol while on school grounds. Being unable to assess or test you in a 7 timely manner, school officials met with you 0n January 13, 2016, and requested that 8 you report t0 the building principal both at the start of your shift and again at the 9 end of shift. You were informed that if you were suspected of being under the 10 influence of alcohol again, you would be immediately sent for BAC testing. l l 12 Following the January 13 meeting, you never returned to work, and you never l3 notified Salem-Keizer of your work/ employment status. Attempts to contact you by 14 Salem-Keizer School District went unanswered. 15 CONCLUSIONS OF LAW 16 Shipman’s conduct described above constitutes gross neglect of duty in in violation of 17 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(5) 18 (Use professional judgment), OAR 584-020-0030(2)(b) (Skill in communicating with 19 administrators, students, stafl, parents, and other patrons); OAR 584-020-0040(4)(o) as 20 it incorporates OAR 584-020-0035(2)(a) (Apply for, accept, offer, or assign a position of 21 responsibility only on the basis of professional qualifications, and will adhere to the 22 conditions of a contract or the terms of the appointment) and OAR 584-020-0035(2)( b) 23 (Conduct professional business, including grievances, through established lawful and 24 reasonable procedures). 25 26 The Commission’s authority to impose discipline in this matter is based upon ORS 27 342.175. 28 FINAL ORDER 29 The Commission hereby revokes Whitney Suzanne Shipman’s Oregon educator 30 lic anse. PAGE 2-DEFAULT ORDER OF REVOCATION OF LICENSURE- WHITNEY SUZANNE SHIPMAN ’;___———_ 1 IT IS SO ORDERED THIS , Q“: day of September, 2016. 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 By: i i ll- t 4 Dr. Monica Beane, Executive Director 5 6 NOTICE OF APPEAL OR RIGHTS 7 8 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 9 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM 10 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 11 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE- WHITNEY SUZANNE SHIPMAN CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice 0f final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: Whitney Suzanne Shipman PO Box 103 Creede, CO 81330 pk Dated this 32 ' day of September, 2016. By: Pa eldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— WHITNEY SUZANNE SHIPMAN 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF 6 WHITNEY SUZANNE SHIPMAN ) LICENSURE 7 8 9 On August 17, 2016, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Whitney Suzanne Shipman (Shipman) in 11 which the Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. 12 First Class Mail and U.S. Certified Mail Receipt 7015 3010 0002 3171 1033 to the address on 13 file with the Commission. The Notice designated the Commission file as the record for 14 purposes of proving a prima facie case. The Certified Mail was returned “Unclaimed” t0 the 15 Commission on September 15, 2016. The first class mail was not returned to the 16 Commission. The Notice 0f Opportunity of Hearing, dated August 17, 2016, and signed by 17 Dr. Monica Beane, Executive Director, stated: l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 2l REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Shipman did not request a hearing. The Commission, therefore, finds Shipman to be in 27 default and enters the following findings of fact, conclusions of law, and final order, based 28 on the files and records of the Commission concerning this matter. 29 3O FINDINGS OF FACT 31 1. Shipman been licensed as a teacher in Oregon since November 19, 2015. Shipman 32 currently holds an Initial Teaching License, with endorsements in Integrated Science 33 (PK-12) and Special Education: Generalist (PK-12), valid from November 19, 2015, 34 through May 19, 2017. During all relevant times, Shipman was employed by the 35 Salem-Keizer School District. 36 2. On February 12, 2016, the Commission received a report from the Salem-Keizer 37 School District alleging you had violated professional standards. Investigation PAGE 1-DEFAULT ORDER OF REVOCATION OF LlCENSURE-WHITNEY SUZANNE SHIPMAN 1 determined that you were employed as a contracted teacher through an Illinois 2 company called Bilingual Therapies. 3 4 On two occasions during the month of January 2016, Salem-Keizer school district 5 employees reported to administrators that they suspected you were under the 6 influence of alcohol while on school grounds. Being unable to assess or test you in a 7 timely manner, school officials met with you 0n January 13, 2016, and requested that 8 you report t0 the building principal both at the start of your shift and again at the 9 end of shift. You were informed that if you were suspected of being under the 10 influence of alcohol again, you would be immediately sent for BAC testing. l l 12 Following the January 13 meeting, you never returned to work, and you never l3 notified Salem-Keizer of your work/ employment status. Attempts t0 contact you by 14 Salem-Keizer School District went unanswered. 15 CONCLUSIONS OF LAW 16 Shipman’s conduct described above constitutes gross neglect of duty in in violation of 17 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(5) 18 (Use professional judgment), OAR 584-020-0030(2)(b) (Skill in communicating with 19 administrators, students, stafl, parents, and other patrons); OAR 584-020-0040(4)(o) as 20 it incorporates OAR 584-020-0035(2)(a) (Apply for, accept, offer, or assign a position of 21 responsibility only on the basis of professional qualifications, and will adhere to the 22 conditions of a contract or the terms of the appointment) and OAR 584-020-0035(2)( b) 23 (Conduct professional business, including grievances, through established lawful and 24 reasonable procedures). 25 26 The Commission’s authority to impose discipline in this matter is based upon ORS 27 342.175. 28 FINAL ORDER 29 The Commission hereby revokes Whitney Suzanne Shipman’s Oregon educator 30 lic 21158. PAGE 2-DEFAULT ORDER OF REVOCATION OF LICENSURE- WHITNEY SUZANNE SHIPMAN ’;___———_ 1 IT IS SO ORDERED THIS , Q“: day of September, 2016. 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 By: i i ll- t 4 Dr. Monica Beane, Executive Director 5 6 NOTICE OF APPEAL OR RIGHTS 7 8 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 9 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 10 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 11 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE- WHITNEY SUZANNE SHIPMAN CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice 0f final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: Whitney Suzanne Shipman PO Box 103 Creede, CO 81330 pk Dated this IQ ' day of September, 2016. By: Pa eldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— WHITNEY SUZANNE SHIPMAN