Wallowa County chieftain. (Enterprise, Wallowa County, Or.) 1943-current, April 21, 2021, Page 10, Image 10

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    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.