465 Commercial Street NE
Salem OR 97301 / March 9, 2006
MINUTES - TSPC MEETING
TSPC Teleconference Meeting
Teacher Standards and Practices Commission Office
465 Commercial Street NE
Salem OR 97305
Thursday, March 9, 2006
Call to Order
On Thursday, March 9, 2006, from 3:30 to 4:50 p.m. the Commission met in public session via AT&T teleconference call to reconsider an administrative rule change and to conduct training for Commissioners on hearings as well as hold a requested hearing regarding a teacher’s license suspension. From 5:00 to 5:45 p.m. the Commission met in Executive Session (non-public) to consider pending disciplinary actions. From 6:03 to 6:10 p.m. the Commission met to consider adoption of the discipline orders in Public Session.
Commission Members PresentPat Evenson-Brady (joined at 3:55 p.m.)
Francis Charbonnier
Susan DeMarsh
Charleen Hoiland
Gary Peterson
Mary Lou Pickard
Marit Pierce
Debra Robinson (joined at 3:40 p.m.)
Melissa Sass
Sam Stern (joined at 4:30 p.m.)
Leslie Walborn
Nancy Watt
Karen Weiseth
Commission Staff Present
Vickie Chamberlain
Pam LaFreniere
Melody Hanson
Kathy Rogers
Joe McKeever
Susan Nisbet (joined at 4:30 p.m.)
Cameron Lane (joined at 4:30 p.m.) / Observers
Brenda Giesen, Umatilla-Morrow ESD
Steve Lewis, Gresham Barlow SD
James Hiu, Principal, Sam Barlow High School
Teresa Ferrer, Oregon Education Association
Linda Samek, Corban College
Sandra Tetzloff, CDS – Portland, OR.
Michael Gillette, Teacher
FULL COMMISSION CONVENES – AT&T Teleconference Call
Call to Order Susan DeMarsh, Chair
1.0 PRELIMINARY BUSINESS
1.1 Introduction and Comments of Agency and Organization Representatives and Guests
(Guest comments regarding non-agenda items)
The Chair welcomes everyone to this new approach for conducting a Commission meeting.
Agency and organization representatives and guests present introduced themselves to the Commission. No comments were made regarding non-agenda items.
1.2 Acceptance of Agenda
MOTION, to accept the Agenda with the addition of 6.10.
Moved by Walborn / Seconded by Watt / Carried
Absent / Alba, Bell, Cedillo, Evenson-Brady, Myers, Robinson, Stern
2.0 ADMINISTRATIVE RULE ADOPTION AND REPORTS
2.1 Amend 584-070-0013, Initial School Counselor License for Child Development Specialists
ED: The temporary rule we adopted at the January, 2006 meeting is almost verbatim from the permanent rule for school counselors. Please look at 2.1a under (2)(b): Completion of master’s or higher degree in counseling, or education…it is being proposed to remove the word [education]. With this language an educator with a Master’s in education and Child Development Specialist (CDS) experience but has not completed a counseling program or counseling education could become an Initial School Counselor. The intent is to allow already licensed and trained professional counselors who have CDS experience to become Initial School Counselors. This rule takes effect on April 1, 2006 and the intent here is to delete the word [education] under (2)(b).
Discussion:
TSPC: We will file the temporary rule immediately following this meeting to become effective April 1, 2006. Concern was expressed about taking the word education out of the rule because there are a large number of teachers who have CDS experience and if they pass the Praxis test why shouldn’t they be able to obtain the Initial Counseling License? We have never allowed educators to use a test exclusively to bypass a program. The part a teacher wouldn’t have as a CDS would be professional counseling training which is extremely critical to this license. This would be a huge deviation in policy to allow a teacher to become an Initial School Counselor without completing a counseling program.
This was never intended as a route for teachers to receive an Initial School Counselor License without doing a counseling program. This is intended to apply to the CDSs with specific counseling background. This is a temporary rule and it will expire in six months.
MOTION, to adopt the printed resolution.
Discussion:
Gallery: It is my assumption that this temporary rule does not preclude that the people who obtained their Initial Counselor License will have to complete a program in order to qualify for the Continuing Counselor License?
TSPC: The Initial School Counselor will have to do exactly what all the currently licensed Initial School Counselors will have to do. The next step is on the Commission’s agenda.
Gallery: Currently in order to have a Continuing School Counselor License one requirement is that you complete a program so my assumption is that will still be the requirement. This allows CDS people a route to obtain an Initial Counselor License while they are currently working.
TSPC: To be very clear, once they have the Initial School Counselor license these people do not have to complete an Initial Counseling Program.
Gallery: Are the people who are in CDS positions who come from the teaching ranks allowed access to this license if they have experience and they pass the tests? Since everyone has to complete a program to get the Continuing Counselor License why are these educators not allowed to use this route to licensure?
TSPC: This waves the program for CDS people with a master’s in counseling or the equivalent. Licensed school counselors have to complete an advanced program for the Continuing Counselor License.
Moved by Watt / Seconded by Robinson / Carried
Absent / Alba, Bell, Cedillo, Evenson-Brady, Myers, Stern
The adopted order states:
RESOLVED that, the Commission approve the proposed revisions to the temporary rule approved for Child Development Specialists at the January, 2006 meeting.
RESOLVED FURTHER that, the revised temporary rule be filed immediately to become effective on April 1, 2006.
3.0 COMMISSIONER TRAINING FOR HEARINGS ON ORS 342.553
3.1 Procedural Training to Conduct Appeals of Suspensions Requested Under ORS 342.553
Joe McKeever: The last session of the Legislature passed a law that applies to certain types of hearings like the one before us requiring the Commission hold a hearing and to initiate an order. Enrolled Senate Bill 52 states: (b) Notwithstanding paragraph (a) of this subsection, the Teacher Standards and Practices Commission shall conduct any hearing that results from the suspension of the teaching license of a teacher under ORS 342.553. We have this type of hearing before us today.
ORS 342.553 and Oar 584-050-0020 were reviewed.
First you must decide if the teacher resigned without giving sixty (60) days written notice and whether there was justification of the teacher violating the contract. Included with the paperwork are the exhibits included in this hearing. If the Commissioners have knowledge or information of this case except that what is provided to you here, you are required to disclose that for the record. You can only make your decision based on the evidence and the testimony you hear today.
4.0 Hearing Pursant to ORS 342.553
4.1 Hearing Pursuant to ORS 342.553 for Michael Henry Gillette
The Commission is conducting a hearing in the matter of Michael Henry Gillette. Under penalty of perjury, Mr. Gillette, Mr. Lewis and Mr. Hiu are sworn in by Chair DeMarsh.
Mr. McKeever confirms both parties have received the items packet that TSPC sent to Commissioners, Gresham Barlow SD and Mr. Gillette. Mr. Gillette does not object to Exhibit A-1 pages 1 to 3, A-2, pages 1 to 4, and A-3, page 1 being entered into the record. Mr. Gillette is given the opportunity to provide information to the Commission regarding his resignation from the Gresham-Barlow SD.
Mr. Gillette testified about why he resigned his teaching position at Sam Barlow High School. Mr. Gillette expressed remorse and apologized for his hastiness in deciding to leave his part-time language arts teaching position. He acknowledged he acted on impulse and asked the Commission for leniency regarding the suspension of his teaching license.
Joe McKeever and the Commissioners questioned Mr. Gillette regarding his decision to not give the school district the required sixty (60) day written notice that he would be leaving his teaching position.
James Hiu, Principal of Sam Barlow High School testified that Mr. Gillette approached him before school began on 10/10/05 to tell him he wished to resign his position. Mr. Hiu informed Mr. Gillette that he was required to give the district sixty (60) days written notice first. Mr. Hiu instructed Mr. Gillette to turn in his keys and his badge, inform the office that he was leaving and request the office staff find a substitute for his classes. He did not do these things before leaving for Los Angeles.
Mr. Lewis is a practicing attorney and he represents the Gresham-Barlow district on some issues. Mr. Lewis was invited to state his facts and Mr. Gillette was advised that he could object to any legal argument. Mr. Lewis stated the district has an Employee Assistance Program and sick leave that Mr. Gillette had available to him to resolve his situation rather than resign his position.
The chair closed the record and the Commission will reconvene in Executive Session.
Reconvene – Second AT&T teleconference call / TSPC office
5.0 DISCIPLINARY HEARINGS AND INVESTIGATION REPORTS (EXECUTIVE SESSION)
The Commission held an executive (non-public) session on the following matters: 1) receiving and discussing preliminary investigation reports on complaints and charges against certified educators; 2) taking action to dismiss the complaint or to charge the educator; 3) deliberating the hearing record in disciplinary proceedings; 4) consulting with counsel with regard to current litigation under ORS 192.660(1)(h); and 5) considering records that are exempt by law from public inspection under ORS 192.660(1)(f). Adoption of an order resulting from a hearing must be done in public session. See ORS 192.660(1)(b) and ORS 342.175 to 342.190.
5.1 Proposed Orders/Actions
Nine stipulated orders were considered in non-public session. The Commission also considered a Final Order regarding contract violation.
5.2 Preliminary Investigation Reports and Action to Charge or Dismiss
Following discussion and deliberation on preliminary investigation reports in non-public session, the Commission dismissed complaints against eight educators. Two amended Notices of Opportunity for Hearing were considered and approved.
5.3 Reports Requiring No Further Action Under OAR 584-020-0041(2)
No reports were considered under this category.
5.4 Applications for Reinstatement
No applications for reinstatement were considered.
5.5 Report of Cases Pending Before the Commission
Mary Lou Pickard reported in non-public session there are 177 cases pending before the Commission. Of those, 22 are cases requesting a hearing and 15 are pending disposition in another venue.
5.6 New Cases Since Last Meeting
Mary Lou Pickard reported in non-public session that the Commission received new complaints against 21 educators. District Superintendents, under OAR 584-020-0041, submitted 14 of those reports.
6.0 FULL COMMISSION CONSIDERATION OF DISICIPLINE ISSUES (PUBLIC SESSION)
Mary Lou Pickard, Chair
6.1 Stipulated Order—Anderson, Riki Richelle (North Powder SD)
MOTION, to adopt the printed resolutions.
Moved by Pickard on behalf of the Discipline Committee / Carried
Oppose / Watt, Weiseth
Absent / Alba, Bell, Cedillo, Myers
The printed resolutions state:
RESOLVED, that the Commission adopt the attached Default Order of Denial of Teaching License for Jerome Arthur Anderson. The Order denies the application of Anderson for an Oregon teaching license.
RESOLVED FURTHER, that the Commission shall inform the North Wasco County SD, Sherman County School District and Region 9 Education Service District of this action.
The adopted order states:
The Commission hereby adopts the above findings of fact and imposes a Public Reprimand upon the licensure of Riki R. Anderson. This Order shall serve as the Public Reprimand.
6.2 Stipulated Order—Brown, Todd Maxwell (Bend-LaPine SD)
MOTION, to adopt the printed resolutions.
Approved as part of the Discipline Consent Agenda / Carried
Absent / Alba, Bell, Cedillo, Myers
The printed resolutions state:
RESOLVED, that the Commission adopt the attached Stipulation and Order of Suspension for Todd Maxwell Brown. The order suspends Brown’s Standard Teaching License for a period of thirty (30) days. At the end of the suspension period, Brown may apply for reinstatement of licensure. Upon reinstatement, Brown shall be placed on probation for a period of one (1) year.
RESOLVED FURTHER, that the Commission shall inform the Bend-LaPine School District of this action.
The adopted order states:
The Oregon Teaching License of Todd Maxwell Brown is suspended for a period of thirty days from the date of this Order. Following reinstatement of his teaching license, Mr. Brown shall be placed on probation to the Commission for a period of one year. As a condition of probation, Mr. Brown shall comply for all Standards for Competent and Ethical Performance of Oregon Educators under OAR 584 Division 020.
6.3 Stipulated Order—Dominiak, Charles William (Jackson County SD)
MOTION, to adopt the printed resolutions.
Approved as part of the Discipline Consent Agenda / Carried
Absent / Alba, Bell, Cedillo, Myers
The printed resolutions state:
RESOLVED, that the Commission adopt the attached Stipulation of Facts and Order of Reprimand for Charles William Dominiak. The Order imposes a Public Reprimand upon Dominiak.
RESOLVED FURTHER, that the Commission shall inform the Jackson County School District of this action.
The adopted order states:
The Commission imposes a Public Reprimand on Mr. Dominiak. This Stipulation of Facts and Order of Reprimand constitute the reprimand.
6.4 Stipulated Order—Little, Shea Alvin (LaGrande SD)
This item was removed from consideration.
6.5 Stipulated Order—Lopez, Abe Che (n/a)
MOTION, to adopt the printed resolutions.
Approved as part of the Discipline Consent Agenda / Carried
Absent / Alba, Bell, Cedillo, Myers
The printed resolution states:
RESOLVED, that contingent upon receiving a signed order by March 8, 2006, the Commission adopt the attached Stipulation of Facts and Order of Probation for Abe C. Lopez. The order authorizes the issuance of a Transitional Teaching License to Lopez and imposes a four year probation subject to special terms and conditions.
The adopted order states:
The Commission adopts the above stipulation of facts and authorizes the issuance of a Transitional Teaching License to Mr. Lopez subject to all standard terms and conditions.
Furthermore, the Commission imposes a four (4) year probation upon Mr. Lopez to commence the date of issuance of said license and subject to the following special terms and conditions of probation:
1. Mr. Lopez shall within the first six months of probation, on or before September 5, 2006, provide a copy of the anger management treatment plan and aftercare plan as prescribed by the treatment provider;