Thursday, February 5, 2009

Oregon Teachers Standards and Practices charges Seeleys with gross misconduct

Carrie Bartoldus August 6, 2008

Jewell, Or – John and Laura Seeley, one the former Superintendent-Principle and the other a current fifth grade teacher, respectively, for the Jewell School District, were charged by the Oregon Teacher Standards and Practices Commission (TSPC) on multiple counts stemming, in part, from indictments made by the Clatsop County District Attorney’s office.

The Commission charged Seeley with gross misconduct based on interaction with his daughter, some of which resulted in criminal charges. The Commission stated that on February 22, 2008, John Seeley entered into a deferred sentence agreement wherein he was placed on a bench probation for a period of 18 months and ordered to end contact with his daughter, for Criminal Mistreatment in the First Degree.

It went on to state that the conduct constituted gross unfitness according to Oregon Statutes set forth for standards expected from teachers and in violation of Oregon Administrative Rules which states: Gross unfitness is any conduct which renders an educator unqualified to perform his or her professional responsibilities. Conduct constituting gross unfitness may include conduct occurring outside of school hours or off school premises when such conduct bears a demonstrable relationship to the educator’s ability to fulfill professional responsibilities effectively. The area in which it applied directly to Seeley, according to TSPC, was 584-020-0040(5)(c) and (e): Conviction of violating any federal, state, or local law. A conviction includes any final judgment of conviction by a court whether as the result of guilty plea, no contest plea or any other means and admission of or engaging in acts constituting criminal conduct, even in the absence of a conviction.

According to the charges brought by TSPC, the circumstances, surrounding Seeley’s conviction, that the Commission is considering include: 1) Seeley using excessive physical exercise as a punishment for his daughter resulting in physical injury to her. 2) Leaving his daughter on the roadside in a rural area in the evening as punishment for poor grades, requiring police to drive her home. 3) When his daughter threatened to run away from home Seeley punished her by withholding food, care and shelter and making her live in a barn. 4) Failing to provide medical care for his daughter after she injured her leg when required to run long distances as a form of punishment 5) On two occasions, when the rest of the family went on vacation, leaving the daughter home alone for periods of time ranging over several weeks.

According to Clatsop County Court documents, John Seeley’s criminal conviction (which will be completely erased by District Attorney Marquis’ office deferred sentencing arrangement) of Criminal Mistreatment in the First Degree stems from an incident which happened in 2001 when the Seeleys’ daughter was nine years old.

The Commission goes on to state that this type of conduct is treated as a conviction of a crime and that according to Oregon Administrative Rules the Commission may initiate proceedings to suspend or revoke the license or registration of an educator 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. TSPC stated that the circumstances reflected inappropriate conduct, care and treatment of a minor rendering Seeley unfit to hold a license and work with children as well as a gross neglect of duty.

The Commission also accused Seeley with accepting gratuities of Oregon State and University of Oregon football tickets from a school contractor after Seeley made recommendations for school district to make a large purchase from the contractor. TSPC states that this constitutes gross negligence of duty as well as being a substantial deviation from professional standards of ethics and of competency as it incorporates that the competent teacher will demonstrate skills in using district and school business and financial procedures. It also violates Oregon Administrative Rules which admonishes educators in regards to not accepting gratuities or gifts of significance that could influence judgment in the exercise of professional duties. Further, according to TSPC, Oregon Administrative Rules state that a competent administrator demonstrates leadership skills in managing the school, its students, staff and programs as required by lawful and reasonable district policies, rules and regulations, state and federal laws and regulations, and other programs as assigned, and assures that staff is informed of these requirements.

Laura Seeley was charged with misconduct. Specifically, the document from TSPC states that Laura Seeley may have her Oregon teaching license suspended or revoked for witnessing the events described in the charges against John Seeley and being aware of child abuse taking place in her home yet not reporting the situation to DHS or police as required by law. This conduct, by a teacher, constitutes gross neglect of duty, according to TSPC. It also violates Oregon Administrative Rules as it substantially deviates from professional standards of ethics by failing to maintain the dignity of the profession by respecting and obeying the law, and exemplifying personal integrity and honesty.

Both Seeleys have requested hearings to challenge the charges. According to George Finch, Coordinator of Professional Practices, the requests cannot be released to the public.

At the time that the Seeleys were arrested their daughter was put into the care of the state, and then into permanent foster care with John Seeley’s sister. She is now 16 years of age. It has recently been reported that she has obtained the proper permission to be married in Idaho to another 16 year old. The state does not have a residency requirement and states that if the applicant(s) are 16 or 17 years of age they must be accompanied by a parent or legal guardian and have the written consent of their parents.

Oregon Statute involved

ORS 342.175 Grounds for discipline; reinstatement. (1) The Teacher Standards and Practices Commission may suspend or revoke the license or registration of a teacher or administrator, discipline a teacher or administrator or suspend or revoke the right of any person to apply for a license or registration if the person has held a license or registration at any time within five years prior to issuance of the notice of charges under ORS 342.176 based on the following: (a) Conviction of a crime not listed in ORS 342.143 (3); (b) Gross neglect of duty; © Any gross unfitness; (d) Conviction of a crime for violating any law of this or any state or of the United States involving the illegal use, sale or possession of controlled substances; (e) Any false statement knowingly made in an application for issuance, renewal or reinstatement of a license or registration; or (f) Failure to comply with any condition of reinstatement under subsection (3) of this section or any condition of probation under ORS 342.177 (3)(b). (2) Notwithstanding ORS 670.280, the commission shall revoke any license or registration and shall revoke the right of any person to apply for a license or registration if the person has held a license or registration at any time within five years prior to issuance of the notice of charges under ORS 342.176 when the holder or person has been convicted of any crime described in ORS 342.143 (3). (3) Except for convictions for crimes listed in ORS 342.143 (3) and subject to subsection (4) of this section, any person whose license or registration has been suspended or revoked or whose privilege to apply for a license or registration has been revoked may apply to the commission for reinstatement of the license or registration after one year from the date of the suspension or revocation. The commission may require an applicant for reinstatement to furnish evidence satisfactory to the commission of good moral character, mental and physical health and such other evidence as the commission may consider necessary to establish the applicant’s fitness. The commission may impose a probationary period and such conditions as it considers necessary upon approving an application for reinstatement. (4) The commission shall reconsider immediately a license or registration suspension or revocation or the situation of a person whose privilege to apply for a license or registration has been revoked, upon application therefor, when the license or registration suspension or revocation or the privilege revocation is based on a criminal conviction that is reversed on appeal. (5) Violation of rules adopted by the commission relating to competent and ethical performance of professional duties shall be admissible as evidence of gross neglect of duty or gross unfitness. (6) A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of a conviction described in this section.

Oregon Administrative Rule.

584-020-0040
Grounds for Disciplinary Action
(1) The Commission will deny, revoke or deny the right to apply for a license or charter school registration to any applicant or educator who, has been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted in another jurisdiction or convicted of attempt to commit such crimes as defined in ORS 161.405. Evaluation of substantially equivalent crimes or attempts to commit crimes will be based on Oregon laws in effect at the time of the conviction, regardless of the jurisdiction in which the conviction occurred.
(2) An applicant fails to meet the requirement of ORS 342.143 “good moral character” if the applicant engages in gross neglect of duty, gross unfitness, in violation of section (4) of this rule or other acts which are in violation of sections (1) or (3) of this rule.
(3) The Commission may initiate proceedings to suspend or revoke the license or registration of an educator under ORS 342.175 or deny a license or registration to an applicant under ORS 342.143 who:
(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;
© Is charged with gross neglect of duty;

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