1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) SUSPENSION OF 6 CAROL ANN CASTLE ) LICENSURE 7 8 9 On June 4, 2010, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Carol Ann Castle (Castle) in 11 ‘ which the Commission charged her with Gross Neglect of Duty pursuant to OAR 584- 12 020-0010(5) and OAR 584-020-0040(4)(c). The Notice was sent via U.S. First Class 13 Mail and U.S. Certified Mail Receipt 7009 1410 0002 1902 5313 to the address on file 14 with the Commission. The certified mail was signed for on June 7, 2010. The Notice of 15 Opportunity of Hearing, dated June 4, 2010, and signed by Victoria Chamberlain, 16 Executive Director, stated: 17 “If a request for hearing is not received within this 21 day period, your right to a 18 hearing shall be considered waived unless your failure to request a hearing was 19 beyond your reasonable control. If you do not request a hearing or if you fail to 20 appear at a hearing, the Commission will adopt an order of default which may 21 include the revocation or suspension of your license or other discipline." 22 23 Ms. Castle did not request a hearing. The Commission, therefore, finds Ms. Castle to 24 be in default and enters the following findings of fact, conclusions of law and order, 25 based on the files and records of the Commission concerning this matter. 26 FINDINGS OF FACT 27 1. Carol Ann Castle has been licensed as a teacher in Oregon since February 22, 1993. 28 Ms. Castle's current Standard Administrative License, issued on February 24, 2008, 29 expires on February 23, 2013. During all relevant times, she was employed by the 30 Klamath Falls City School District. 31 2. On May 7, 2004, the Commission imposed a Public Reprimand upon Castle‘s license. 32 On April 1, 2009, the California Commission on Teacher Credentialing issued a “public 33 reproval" to Castle for her failure to disclose the 2004 Reprimand on her Oregon PAGE 1-DEFAULT ORDER OF SUSPENSION OF LICENSURE - CASTLE, CAROL ANN 1 licensure, on two November 5, 2007, applications for licensure in the State of California. 2 On February 20, 2008, Castle answered “no” to question 7 on the Application for 3 Educator License Form C-1, "Have you ever been disciplined by any public agency 4 responsible for licensure of any kind, including but not limited to educational licensure?" 5 This response was false. The Commission imposed discipline on Castle‘s license in 6 2004. 7 CONCLUSIONS OF LAW 8 Carol Ann Castle‘s failure to appropriately report past disciplinary actions on her 9 renewal applications constitutes gross neglect of duty in violation of ORS 342.175(1)(b); 10 OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional 11 judgment), OAR 584-020-0040(4)(c) (Knowing falsification of any document or knowing 12 misrepresentation direct/y related to licensure, employment, or professional duties). The 13 Commission's authority to impose discipline in this matter is based upon ORS 342.175. 14 FINAL ORDER 15 The Commission hereby suspends Carol Ann Castle‘s educator license for a 16 period of six months. ‘ W1 17 IT IS SO ORDERED THIS day of August, 2010. 18 TEACHER STANDARDS AND PRACTICES COMMISSION 19 f . 20 21 By. Mg MM‘) 22 Victoria mbe n, Executive Director 23 24 25 26 27 NOTICE OF APPEAL OR RIGHTS 28 29 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 30 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 31 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 32 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 33 PAGE 2-DEFAULT ORDER OF SUSPENSION OF LICENSURE — CASTLE, CAROL ANN CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to: Carol Ann Castle PO Box 1600 Klamath Falls OR 97601 gt Dated this Z 3 day of December, 2010. By: Melo y Ha Exec tive A stant PAGE 1— CERTIFICATE OF MAILING—CASTLE, CAROL ANN