BEFORE THE WYOMING PROFESSIONAL TEACHING STANDARDS BOARD ) ) ) STIPULATION AND ORDER FOR SUMMARY SUSPENSION

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1 BEFORE THE WYOMING PROFESSIONAL TEACHING STANDARDS BOARD IN THE DISCIPLINARY MATTER OF ASHLEE TILLARD, STANDARD LICENSE HOLDER ) ) ) Docket No STIPULATION AND ORDER FOR SUMMARY SUSPENSION COMES NOW, the Investigative Committee (hereinafter, PETITIONER or IC ) of the Wyoming Professional Teaching Standards Board (hereinafter, Board or PTSB ) and ASHLEE TILLARD, (hereinafter, RESPONDENT ), pursuant to Wyo. Stat. Ann (n), Wyo. Stat. Ann (c), the Board s Practice Act, Wyo. Stat. Ann et. seq., and the Board s Rules and Regulations, hereby enter into this Stipulation and Order for Summary Suspension (hereinafter, Stipulation or "Order"), subject to approval by the Board. FINDINGS OF FACT: 1. RESPONDENT holds a Standard License in the State of Wyoming. The License expires on May 6, The Board has jurisdiction over the matter contained and set forth herein, pursuant to the Wyoming Professional Teaching Standards Board Practice Act ( Act ) Wyo. Stat. Ann et seq, the Wyoming Administrative Procedure Act ( WAPA ), Wyo. Stat. Ann et seq. (2007), and the Board s Rules and Regulations ( Board s Rules ). 2. On or about July 24, 2015, an administrative complaint was filed with the Board. On or about July 25, 2015, the Board sent a notice of complaint to RESPONDENT by certified and regular first class United States mail to her last known address of 30 Sierra, Douglas, WY The complaint was based on allegations that RESPONDENT engaged in sexual relationships with two Douglas High School students. 3. PETITIONER s investigation of the complaint disclosed the following: a. Detective Eric Koss ( Koss ), an Investigator for the Converse County Attorney s Office, learned that several community members were in possession of a photograph depicting RESPONDENT and Student #2, a current student at the time of the event at Douglas High School, in a state of undress. b. Koss viewed the photograph above and confirmed that it depicted both RESPONDENT and Student #2 topless. c. Koss interviewed RESPONDENT. His interview revealed the following: i. RESPONDENT admitted to engaging in a sexual relationship with Student #2 from either December, 2014 or January, 2015 through late June, RESPONDENT stated that their relationship began while Student #2 was Page 1 of 6

2 still a student at Douglas High School, but did not begin until Student #2 was 18 years old. ii. RESPONDENT initially denied engaging in a sexual relationship with Student #1, but eventually confessed to that as well. RESPONDENT stated that she and Student #1 had sexual intercourse on one occasion. d. Koss interviewed Student #1 and his parents. Student #1 stated that he and RESPONDENT had engaged in sexual intercourse on two occasions. The relationship began while Student #1 was still a student at Douglas High School, but after he had turned 18. e. On or about July 8, 2015, Koss contacted RESPONDENT again over the phone and recorded their conversation. During their conversation, RESPONDENT confirmed that the details of the previous interview. 4. Although PETITIONER is no longer employed by CCSD1, she still holds a Standard License in the State of Wyoming. PETITIONER could also apply for licensure in other states. Grounds for Disciplinary Action/Summary Suspension 5. PETITIONER alleges that the conduct described above demonstrates further that public health, safety or welfare imperatively requires emergency action pursuant to the WAPA- Wyo. Stat. Ann (c), Wyo. Stat. Ann (c), and the Board's Rules, Ch. 9, Sec. 7 (b)(i) & (ii), and (c)(i). Recommendation for Summary Suspension 6. PETITIONER recommends that that RESPONDENT's Standard License be summarily suspended as her behavior demonstrates that she would pose an unacceptable risk to students if she is allowed to continue to teach in this or any state pending final action of the Board. The National Association of State Directors of Teacher Education and Certification ("NASDTEC") maintains a database clearinghouse for teaching licensing boards. This clearinghouse provides information to member states regarding a teacher s license or certificate status in other states. If the Board were to issue a summary suspension, it could be reported to the clearinghouse so that other state s teacher licensing boards would be aware of this matter. 7. By signing this Stipulation, RESPONDENT admits that the factual allegations above constitute a basis to summarily suspend her Standard License and all endorsements. Until the investigation is complete and the Board has the opportunity to fully adjudicate whether her license should be subject to discipline or revocation, RESPONDENT should be restricted from teaching. The Board has the authority, pursuant to the following provisions of Wyo. Stat. Ann (c), to discipline a teaching license for: conviction of a felony committed after July 1, 1996, immorality and other reprehensible conduct or gross neglect of duty or knowing misrepresentation of information on an Page 2 of 6

3 application or resume, upon its own motion or upon the petition of any local board of trustees.. [.] (Emphasis added). Specifically, Ch. 9, Sec. 7(b)(i) & (ii), and (c)(i) of the Board's Rules provides that immorality and reprehensible conduct includes, but is not limited to... committing or soliciting any sexual act with a student, and soliciting, engaging in, encouraging, or consummating an inappropriate written, verbal, or physical relationship with a student[.] RESPONDENT s Representations Regarding this Stipulation 8. RESPONDENT hereby stipulates to the summary suspension of her Standard License, for discipline in lieu of a summary suspension hearing. 9. RESPONDENT has read this entire Stipulation, fully understands its contents, and agrees to abide by the Order set forth herein, in lieu of a hearing to determine whether her license should be summarily suspended. By executing this Stipulation, RESPONDENT waives her right to a hearing and all appeals pursuant to the WAPA, Wyo. Stat. Ann et. seq., the Board s Practice Act, Wyo. Stat. Ann et. seq., and the Board s Rules and Regulations on the issue of the summarily suspension of her license. This paragraph only applies to any right RESPONDENT may have for a hearing or appeal related to the summary suspension of her license and not to any other action that may be taken by the PETITIONER recommending that the Board take further formal disciplinary action related to this matter. 10. RESPONDENT understands this Stipulation shall become a permanent part of her record with the Board. By signing this Stipulation, RESPONDENT further understands that this Stipulation is a public record, and is therefore, subject to inspection and dissemination in accordance with all federal and state laws. 11. RESPONDENT understands this Stipulation must be submitted to the Board which may either approve or reject the Stipulation. Should the Board reject the Stipulation, RESPONDENT shall receive a hearing in accordance with the WAPA, the Board s Practice Act, and the Board s Rules and Regulations. 12. Any changes, modifications, revisions or amendments to this Stipulation and Order which are mutually agreed upon by PETITIONER, the Board and RESPONDENT shall be incorporated by written instrument, executed and signed by PETITIONER, the Board and RESPONDENT. 13. Due and proper notice of this matter has been afforded to RESPONDENT, and RESPONDENT agrees she has not been subjected to undue influence, pressure, or coercion by the Board, its staff or the Office of the Attorney General and that she is entering into this Settlement Agreement under her own free will after having the opportunity to obtain advice from an attorney regarding the consequences of entering into this Stipulation. CONCLUSIONS OF LAW: 1. Paragraphs 1-4 of the Findings of Fact are incorporated herein by reference. Page 3 of 6

4 2. The Board has jurisdiction in this matter and over RESPONDENT pursuant to the Board s Practice Act, Wyo. Stat. Ann et. seq., the Board s Rules and Regulations, and the WAPA, Wyo. Stat. Ann et. seq, and as specifically set forth in paragraph 1 of the Findings of Fact, above. 3. The Board further concludes that RESPONDENT s conduct, as set forth in paragraphs 3 and 4 of the Findings of Fact requires that RESPONDET s Standard License be summarily suspended pending a complete investigation and hearing by the Board. RESPONDENT s conduct indicates a fundamental failure to understand and/or respect the proper boundaries between teachers and students. The public health, safety and welfare of students imperatively require that her Standard License be suspended pending further proceedings before the Board. 4. The pertinent statutory and rule provisions provide as follows: Wyo. Stat. Ann (c) [License hearings] * * * [ ] (c)... If the agency finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. Wyo. Stat. Ann : * * * [ ] (c) The board may revoke, suspend, deny or refuse to renew certification for incompetency, conviction of a felony committed after July 1, 1996, immorality and other reprehensible conduct or gross neglect of duty or knowing misrepresentation of information on an application or resume, upon its own motion or upon the petition of any local board of trustees. Except as provided in subsection (h) of this section, no certificate shall be revoked or suspended without a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing. (Emphasis added). Chapter 9, Section 7 [Actions Which May Result in Suspension or Revocation] * * * [ ] (b) Immorality includes, but is not limited to: (i) committing or soliciting any sexual act with a student; [and] (ii) soliciting, encouraging, or consummating an inappropriate written, verbal, or physical relationship with a student[.] Page 4 of 6

5 nus-17-2a15 17:15 FROM: TO:t3ø ~ ORDER IT IS THEREFORE HEREBY ORDERED by the Board, settled, agreed and consented to by the undeisigned: 1. Board Acceptance of Stipulation; Order for Summary Suspension. The Board approves and accepts the terms and conditions of this Stipulation which constitutes a SUMMARY SUSPENSION of RESPONDENT s Standard License and all endorsements on the basis of all facts and conclusions established in this Stipulation, pending further disciplinary action of the Board. RESPONDENT shall refrain from any teaching employment, including substitute teaching until further order of the Board 3. Reporting by Board of Discipline. This Stipulation shall become a part of RESPONDENT s permanent record with the Board. It also constitutes a public record and, therefbre, shall be available for inspection and dissemination in accordance with or as otherwise precluded by federal and state law, and shall be reported to any national data bank which maintains information on teacher disciplinary actions. 4. Continuing Jurisdiction. The Board shall retain continuing jurisdiction in this matter to take further action as may be necessary to conclude this matter. 5. Waiver of Contested Case hearing. RESPONDENT s execution of this Stipulation includes her full waiver of any contested case hearing to which she is entitled pursuant to the Board s Practice Act and the WAPA on the issue of summary suspension for the reasons listed above. 6. Effective Date. This Stipulation shall become effective upon full execution by RESPONDENT and PETmONBR, and approval by the Board. 7. Enforcement. This Stipulation shall be enforceable in the Laramie County District Court in and for the State of Wyoming according to the laws of the State of Wyoming. I have read the foregoing document and fully understand the provisions contained herein. The foregoing Stipulation and Order, constitutes (tie full agreement and understanding between myself, PETITIONER, and the Board. DATED THIS ~7 day of AAjlksk ~ Ashlee Tillard, RESPO ENT IN THE DISCIPLIWE4RYMArrER OFASHLEE TILL4RD - Docket No ~O21 SETTLEMENT AGREEMENT, STIPULATION AND ORDER ~R SVW4IARY SUSPENSION Page 5 of 6

6 ACCEPTED BY PETITIONER: ITIONERJCommittee Designee Date APPROVED BY AND FOR THE BOARD: Board Member Designee Date APPROVED AS TO FORM: Van Snow Assistant Attorney General Attorney for PETITIONER Date IN TI-fE DISCIPLINARYMA ITER OFASI-ILEE TILLARD-- Docket No Page 6 of 6