Image provided by: University of Oregon Libraries; Eugene, OR
About Wallowa County chieftain. (Enterprise, Wallowa County, Or.) 1943-current | View Entire Issue (April 21, 2021)
A10 REGIONAL Wallowa County Chieftain Wednesday, April 21, 2021 Sen. Hansell names bill after Athena teen abused by teacher “DeYoe’s classroom was the hangout spot.” She knows now she should have been more alarmed when DeYoe often texted her about nonschool things, simply to say good morning or good night or ask what she was doing as late as 3 a.m. Screen shots of texts bear this out. She would have avoided being alone with him in his class- room. During moments of inappropriate touching, she felt paralyzed. She’s stron- ger now. “I sort of don’t associate myself with myself a year ago,” Munck said. “I feel like I’m a completely diff er- ent person.” By KATHY ANEY East Oregonian ATHENA — Bailey Munck steeled herself. In a few short minutes, the 17-year-old Weston-McE- wen High School student would testify to the Sen- ate judiciary committee of the Oregon Legislature via video chat. Munck fought her nerves as she thought about the intensely personal information she was about to share with total strangers. The testimony on March 25 would be in support of “Bailey’s Bill,” named after her. Sponsored by Sen. Bill Hansell, R-Athena, and Sen. Kathleen Taylor, D-Mil- waukie, the proposed legis- lation would increase pen- alties for criminal sexual contact with an underage victim if the defendant is the victim’s teacher. Currently, a coach convicted of sexual abuse (in the third degree) receives harsher penalties than a teacher who commits the exact same crime. When committee Chair- man Sen. Floyd Prozanski in Salem invited Munck to speak, she unmuted the lap- top and began. “Good morning Chair- man Prozanski and Vice Chairman (Kim) Thatcher and committee mem- bers,” she began. “For the record, my name is Bai- ley Munck and I’m a senior at Weston-McEwen High School. In November of 2019 after the fi rst state vol- leyball playoff game, I was sexually harassed by my English teacher.” Enduring a teacher’s inappropriate behavior Munck’s appearance at the hearing came after some diffi cult months. Now 17, she likely wishes she could go back in time and give her 16-year-old self some heartfelt advice, preferably before her teacher inched closer and closer to stu- dent-teacher boundaries and fi nally stepped over them on Nov. 2, 2019, the day Munck and the other Weston-McE- wen volleyball players shut out Coquille 3-0 in a fi rst- round state 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, team- mates pried the story from the obviously distressed Munck and persuaded her to tell an adult. She did, but it would take six months for DeYoe, who taught freshman and sophomore English at the school, to be put on admin- Predators aren’t always strangers Kathy Aney/East Oregonian/East Oregonian Retired Weston Middle School teacher John Bartron gives 17-year-old Bailey Munck some calming advice before the pair testifi ed remotely 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 and Bartron testifi ed from Pendleton on March 25, 2021. istrative leave. In the mean- time, inappropriate behav- ior continued. It would be almost a year before DeYoe pled guilty to harassment that included sexual touch- ing. DeYoe, 31, in the plea deal, forfeited his teach- ing license, terminated his housing lease in Athena and agreed to have no con- tact with minors who are not family members. He spent a night in the Umatilla County Jail and will serve fi ve years probation. He wasn’t required to register as a sex off ender. If DeYoe had been a coach, he might have been convicted of a Class C fel- ony, a crime that carries sen- tences up to fi ve years in prison and a $125,000 fi ne. But DeYoe wasn’t techni- cally a coach. Pushing for change During the hearing, Munck urged the senators to amend existing law to include teachers. “What is the signifi cant diff erence between a teacher and a coach? Do coaches somehow carry more authority than a teacher might?” she asked the sen- ators. “Coaches and teach- ers should be prosecuted equally as they both have responsibility for students’ safety and they both have positions of authority and power over their students and players.” Others speaking in favor DeYoe Hansell of the bill included Tay- lor and Hansell, Uma- tilla County District Attor- ney Dan Primus and retired Weston Middle School teacher, coach and ath- letic director John Bar- tron, who originally urged Hansell to consider sponsor- ing a bill that would fi x the discrepancy. Primus testifi ed that sex- ual abuse in the third degree is a misdemeanor that involves “touching of an intimate part for sexual grat- ifi cation.” If the defendant is a coach, the charge is ele- vated to sexual abuse in the second degree, which is a felony. He said the addition came during the 2009 leg- islative session. Legislators discussed including teach- ers, but ultimately didn’t. Primus, whose offi ce 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 stu- dent is really no diff erent than a coach and an athlete,” Primus said. “It should not be treated any diff erently.” In preparing to testify, Primus Taylor Primus said he reviewed reports in DeYoe’s fi le. One comment from a law enforcement offi cer’s inter- view 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,’” Pri- mus said. “Bailey’s answer was simple and profound — because he had power and authority over her.” During Hansell’s testi- mony, he pushed the com- mittee to send the bill, which adds teachers to the existing Oregon statute, to the Senate fl oor for a vote. “We as a state need to be consistent in protecting our vulnerable high school girls and boys with consis- tent sanctions, be the perpe- trator a coach or a teacher,” Hansell said. “It’s a simple fi x.” Abuse brought shock Bartron sat in the East Oregonian conference room next to Munck, testifying after Hansell. He said he has known Bailey since she was small, both as a fam- ily 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 sex- ual abuse statutes after learning more about how the case against DeYoe was proceeding. “I was absolutely shocked to learn that within those statutes there appeared to be that loophole that held coaches to a higher conse- quence 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 fi x the loop- hole. Hansell promised to look into it. “One way I am apprised of needs is when peo- ple come to me and say this doesn’t make sense,” Hansell said after the hear- ing. “To be in a position where you can attempt to correct something is very rewarding and fulfi lling 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 identifi ed classic signs of grooming behavior in DeYoe. “He just wanted to be the fun teacher,” she said sev- eral weeks ago during an East Oregonian interview. 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 grooming by somebody that I know already.” Munck said she doesn’t blame the justice system for not securing a harsher sen- tence 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 situation,” Munck said. “There were just a lot of fac- tors that I feel like people outside looking 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 misde- meanor. You can’t do a lot with a misdemeanor. It was the best that could have happened.” During the court hear- ings, the teen observed Jen- kins with fascination. So taken was Munck that she has decided to study crim- inal justice in college and become a prosecutor like Jenkins. Hansell said he is hopeful Bailey’s Bill will reach the Senate fl oor for a vote this session. “Senate Bill 649 will close a loophole in Oregon statutes so that other daugh- ters and their families will not have to endure what Bai- ley Munck and her family have had to go through.” ——— Former East Oregonian reporter Alex Castle con- tributed to this report. Braden: Joseph City Hall is looking for help with the day-to-day operations Continued from Page A1 out the county, who might be able to assist both in the day-to-day operations at City Hall and in the budget- ing process. “My priority is we get the budget done,” Buswell said. “I don’t care who is doing it, as long as we get some- body in there. I don’t want to leave Jamie out to dry. Those are my two concerns. I don’t have a care in the world. It was brought up to me that I ask to volunteer because I have worked there. I don’t have an interest in doing it; I’d rather not be in there at all.” The council approved motions to fi ll the gap left with Braden’s departure. One such action will be that a workshop on council rules scheduled for Monday, April 26, will instead focus on reviewing the job descrip- tion for city administrator/ recorder. “That way we can get it posted as soon as possible,” Councilwoman Kathy Bing- sponsored by Friends of Wallowa County Recycling To celebrate EarthWeek Open House and Spring Clean-up APRIL 23rd at the Recycle Center on Fish Hatchery Road. Meet Murphy! Available for Adoption Contact Elaine at 541-263-1148 $65 adoption fee http://www.wallowacountyhumanesociety.org/ being asked if they know of someone. The council also agreed — on Baum’s advice — to stay out of City Hall. Public Works Director Levi Tickner reminded the council that City Hall once had fewer business hours. The council agreed, to ease Jamie Collier’s work load, to only have City Hall open from 10 a.m. to 3 p.m. Mon- day through Thursday until suffi cient staffi ng can be found. The council also is seek- ing help at City Hall from Recycled Art Contest! Conatact Elaine at 541-263-1189 Murphy showed up at my home starving, scared and very sick. Murphy was in severe pain but as soon as he trusted me, he loved to be petted and purred every time. Foster Mom Elaine Estabrook has nursed him back to health and he is now ready for his very best fur-ever home. ham said. The motions largely involved delegating to var- ious members to reach out for information, such as posting the job vacancy with the League of Oregon Cit- ies, learning if the city can get an extension on sub- mitting its budget and fi nd- ing someone who could help with the budget process. As far as helping Jamie Collier with day-to-day operations at City Hall, offi - cials with Wallowa County and the city of Enterprise are We need volunteers for “spruce up” projects to tidy up our recycling center. Also we’ll have a recycled art contest, games, recycling information, and prizes. We hope you can join us and vote for your favorites! Brought to you by, CONTEST RULES MATERIALS– anything found at the Recycle Center (cardboard, tin & aluminum, glass, plastic, paper) or in your backyard/barnyard (scrap metal, baling twine, scrap wood) is fair game! Must be previously used. There will be prizes for top entries in Youth (<18 yrs) and Open categories. Public voting will be from 10 a.m.-4 p.m. on April 23rd. PRIZES include donated merchandise and gift certificates from local sponsors. Champion entry will be displayed at the Josephy Center for Arts and Culture following the contest. Drop off submissions April 22nd, 3-5 p.m. or call, e-mail us for special arrangements (wallowacountyrecycling@gmail.com or 426-7131). Pick up art entries 4-6 pm, April 23. someone who knows the ins and outs of zoning and land- use laws. Collier, by her own admission, is untrained in those areas and always passed questions off to Braden. “There’s a lot of traffi c right now with zoning and all I’ve really started tack- ling is running the water and sewer billing,” she said. “People come in the door with zoning questions; I really haven’t had time to study zoning or to be able to go out and check out their markings to see if they’re in the right place. I don’t know anything about that. It’s a really hot item right now. We have a lot of people building RV pads, rebuilding fences.” Although the council rec- ognized they needed to keep their distance from day-to- day operations at City Hall, the members were highly supportive of Jamie Collier. Several asked if there is any- thing they can do to help. “Even if it’s mowing your lawn, we’ll help,” Council- man Stephen Bartlow said.