OFF PAGE ONE Tuesday, April 6, 2021 East Oregonian A9 Bill: ‘I spent my life staying away from old men that I didn’t know’ touching, she felt paralyzed. She’s stronger now. “I sort of don’t associate myself with myself a year ago,” Munck said. “I feel like I’m a completely different person.” Continued from Page A1 playoff match on a road trip. That night in their Rose- burg hotel, popular teacher and scorekeeper Andrew DeYoe crossed that line. The next day on the bus, teammates pried the story from the obvi- ously distressed Munck and persuaded her to tell an adult. She did, but it would take six months for DeYoe, who taught freshman and sopho- more English at the school, to be put on administrative leave. In the meantime, inappropriate behavior continued. It would be almost a year before DeYoe pled guilty to harassment that included sexual touching. DeYoe, 31, in the plea deal, forfeited his teaching license, terminated his housing lease in Athena and agreed to have no contact with minors who are not family members. He spent a night in the Umatilla County Jail and will serve five years probation. He wasn’t required to register as a sex offender. If DeYoe had been a coach, he might have been convicted of a Class C felony, a crime that carries sentences up to five years in prison and a $125,000 fine. But DeYoe wasn’t techni- cally a coach. Pushing for change During the hearing, Munck urged the senators to amend existing law to include teach- ers. “What is the significant difference between a teacher and a coach? Do coaches somehow carry more author- ity than a teacher might?” she asked the senators. “Coaches and teachers should be prose- cuted equally as they both have responsibility for students’ safety and they both have posi- tions of authority and power over their students and play- ers.” Others speaking in favor of the bill included Taylor and Hansell, Umatilla County District Attorney Dan Primus and retired Weston Middle School teacher, coach and athletic director John Bartron, who originally urged Hansell to consider sponsoring a bill Predators aren’t always strangers Kathy Aney/East Oregonian Seventeen-year-old Bailey Munck listens as retired Weston Middle School teacher John Bartron testifies remotely on March 25, 2021, for Senate Bill 649, known as Bailey’s Bill, which increases penalties for criminal sexual contact with an underage victim when the defendant is the victim’s teacher. Munck testified after Bartron. that would fix the discrepancy. Primus testified that sexual abuse in the third degree is a misdemeanor that involves “touching of an intimate part for sexual gratification.” If the defendant is a coach, the charge is elevated to sexual abuse in the second degree, which is a felony. He said the addition came during the 2009 legislative session. Legislators discussed including teachers, but ultimately didn’t. Primus, whose office handled the prosecution, expressed frustration at not being able to charge DeYoe with a felony the same as a coach. “The relationship between a teacher and a student is really no different than a coach and an athlete,” Primus said. “It should not be treated any differently.” In preparing to testify, Primus said he reviewed reports in DeYoe’s file. One comment from a law enforce- ment officer’s interview with Munck struck him. “He asked Bailey why she could tell a boy her age ‘no,’ but she was unable to tell the defendant ‘no,’” Primus said. “Bailey’s answer was simple and profound — because he had power and authority over her.” During Hansell’s testi- mony, he pushed the commit- tee to send the bill, which adds teachers to the existing Oregon statute, to the Senate floor for a vote. “We as a state need to be consistent in protecting our vulnerable high school girls and boys with consistent sanctions, be the perpetrator a coach or a teacher,” Hansell said. “It’s a simple fix.” Abuse brought shock Bartron sat in the East Oregonian conference room next to Munck, testifying after Hansell. He said has known Bailey since she was small, both as a family friend and student. When he learned of the abuse, he felt gut shot. “I was absolutely stunned, saddened and angered on so many levels,” Bartron said. “My greatest concern of course was Bailey.” Bartron said he started researching Oregon’s sexual abuse statutes after learn- ing more about how the case against DeYoe was proceed- ing. “I was absolutely shocked to learn that within those stat- utes there appeared to be that loophole that held coaches to a higher consequence than a teacher,” he said. “I was beside myself.” With the blessing of Bailey and her parents, he approached Hansell about creating a bill to fix the loophole. Hansell prom- ised to look into it. “One way I am apprised of needs is when people come to me and say this doesn’t make sense,” Hansell said after the hearing. “To be in a posi- tion where you can attempt to correct something is very rewarding and fulfilling for me.” Munck has spent a lot of time thinking about what transpired with DeYoe. If she could have warned her younger self, she might have identified classic signs of grooming behavior in DeYoe. “He just wanted to be the fun teacher,” she said several weeks ago during an East Oregonian interview. “DeYoe’s classroom was the hangout spot.” She knows now she should have been more alarmed when DeYoe often texted her about non-school things, simply to say good morn- ing or good night or ask what she was doing as late as 3 in the morning. Screen shots of texts bear this out. She would have avoided being alone with him in his classroom. During moments of inappropriate Rodeo: Whisky Music Fest still set for July 10 Preschool: Continued from Page A1 Continued from Page A1 between now and Septem- ber, so the Round-Up wasn’t ready to commit to anything. Before canceling last year’s rodeo, the Round-Up submitted a plan to the state that would have included aud ie nce t e mp e r at u re checks, sanitation stations throughout the Round-Up Grounds and personal protective equipment for some volunteers and employ- ees. But by July, the Round-Up made the decision to cancel the rodeo for the first time since World War II. The association quickly committed to holding the rodeo in 2021, the Round- Up’s 111th year, and Reay said the Round-Up has main- tained correspondence with the governor’s office on hold- ing the event this year. Reay said committee meetings are being held at least twice a week to figure out the logistics of holding the rodeo this year, including a committee that is address- ing tribal participation in the Round-Up. The Round-Up is still five months away, but Umatilla County’s current situation is mixed. Although the raw number of cases is down significantly dent that we’ll start recruit- ment in April, essentially, which aligns with what Head Starts oftentimes do. We’ll get a lot bigger jump on it this year and have a lot of those pieces in place already.” Both Gomez and Burnette stressed that while Preschool Promise has a specific set of crite- ria in order to qualify, it’s important to remember that the Blue Mountain Early Learning Hub will assist any family looking for a quality preschool for their child and works with Head Start, private p r e s cho ol p r ov id e r s , community preschools, school district preschools in order to find the one that fits best for a family. “(Preschool Promise) is a relatively new program and income can be a chal- lenge,” Bur nette said. “There are families that still need the preschool, but if they don’t qualify, with coordinated entry, we try to work with Child Care Resource and Referral to find them something that does work for them. We try not to just say, ‘Sorry, we got nothing for you.’” Burnette said one of Ben Lonergan/East Oregonian, File A plastic cup sweats after being left behind in the Pendleton Round-Up Arena on Sept. 18, 2020. from the summer and winter surges the county endured in 2020, the case positivity rate recently ticked up. Addition- ally, Umatilla County contin- ues to have one of the lowest vaccination rates in the state. Umatilla County’s data could be critical not just for the Round-Up but for Pendle- ton’s other major events. While some smaller events like Jackalope Jambo- ree and Pendleton Cattle Barons are gearing up for 2021 with some added health precautions, others are still in a holding pattern. The Pendleton Whisky Music Fest is still set for July 10 with headliners Eric Church and Macklemore, but co-organizer Doug Corey said a recent meeting with the governor’s office didn’t create enough clarity to make organizers certain that it will happen. Sponsor List: NIE Newspapers In Education A & G Property Management & Maintenance Barton Laser Leveling Blue Mountain Community College Blue Mountain Diagnostic Imaging CHI St. Anthony Hospital CMG Financial CMG Financial Columbia Point Equipment Company Corteva Agriscience Davita Blue Mountain Kidney Center Desire For Healing Inc Duchek Construction Hill Meat Company Jeremy J Larson DMD LLC Kirby Nagelhout Construction Co. One of the Whisky Fest’s concerns is seating capacity. If the state restricts seating too low, organizers might not be able to afford to hold the concert for a second year in the row. Corey is hoping to get more definitive word from the state in April or May, but he was certain that Whisky Fest would not wait until a couple of weeks before the concert to make a decision. Kopacz Nursery & Florist Landmark Tax Services McEntire Dental McKay Creek Estates NW Metal Fabricators Inc Pendleton KOA RE/MAX Cornerstone Rob Merriman Plumbing & Heating Inc Starvation Ridge Farming, LLC Sun Terrace Hermiston Tum-A-Lum Lumber Umatilla Electric Cooperative Umatilla Electric Cooperative WalMart Munck said she realized that she once assumed she could easily identify and avoid predators. “I spent my life stay- ing away from old men that I didn’t know,” she said. “Looking around and under my car before getting in. That protected me during my 16 years, but what didn’t was the knowledge of groom- ing by somebody that I know already.” Munck said she doesn’t blame the justice system for not securing a harsher sentence for DeYoe and going for a plea deal that would keep the case from dragging on for months. “Ultimately I think the assistant district attorney involved (Jaclyn Jenkins), she helped us settle the best situ- ation,” Munck said. “There were just a lot of factors that I feel like people outside look- ing in just don’t see all that. They’re quick to judge the sentence, but that was really all we could do with it. It was a misdemeanor. You can’t do a lot with a misdemeanor. It was the best that could have happened.” During the court hearings, the teen observed Jenkins with fascination. So taken was Munck that she has decided to study criminal justice in college and become a prose- cutor like Jenkins. Sen. Hansell said he is hopeful Bailey’s Bill will reach the Senate floor for a vote this session. “Senate Bill 649 will close a loophole in Oregon statutes so that other daughters and their families will not have to endure what Bailey Munck and her family have had to go through.” ——— Former East Oregonian reporter Alex Castle contrib- uted to this report. TO QUALIFY FOR PRESCHOOL PROMISE To qualify for Preschool Promise programs, children must be 3 or 4 years old on or before Sept. 1 of the program year and must live in Oregon. The annual or previous 12 months income of the child’s family must be at or be- low 200% of the Federal Poverty Line. Children in foster care are automat- ically eligible. the goals early on is to get the word out about the program and try and coordinate with all exist- ing programs as much as possible, so families don’t have to know the differ- ence between the different preschool providers. “We can do all of that stuff to figure out what’s the best fit for the family based on what they’re asking for,” he said. “A lot of these are state or federal funded programs, and they have a lot of regu- lations that go with them. So our goal is to really not have to expect the family to know the differences, but that just based on their individual situations, then we start that out for them.”