1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of ) ORDER OF

4 the Educator License of: ) LICENSE RElNSTATEMENT

5 KIMBERLEY ANN EMURA )

3

8 This matter came before the Commission on June 24, 2015, to consider Kimberley

9 Emura’s request to reinstate her right to apply for an educator’s license that was revoked on
10 July 26, 2013. Kimberley Emura is eligible for reinstatement under the Commission's rules. Ms.
11 Emura appeared before the Commission unrepresented by counsel.
12 Kimberley Emura has complied with all conditions for reinstatement required by the
13 Commission. After reviewing the evidence submitted by Ms. Emura along with her personal
14 statement to the Commission, the Commission grants the reinstatement of Kimberley Emura’s
15 teaching license and the reinstatement of her right to apply for any teaching license she may be
16 eligible for. The Commission commends Ms. Emura for the commitment she has made toward
17 her sobriety over the past several years. The Commission has an expectation that Ms. Emura
18 will continue with the treatment of her chemical dependencies with the same commitment she
19 has made in the past and that she represented to the Commission on June 24, 2015.
20 Now therefore, the Commission orders that Kimberley Ann Emura’s educator license
21 and her right to apply for a license is reinstated effective June 24, 2015.
22 _ Furthermore, the Commission imposes four (4) years of probation upon Ms. Emura to
23 commence upon reinstatement of her license and subject to the following terms and conditions
24 of probation:
25 1. Ms. Emura shall comply with the Standards for Competent and Ethical
26 Performance of Oregon Educators under Oregon Administrative Rules Chapter
27 584, Division 020.

Page 1 — RE-INSTATEMENT ORDER — EMURA, KIMBERLY

1 2. Emura will submit to a urinalysis test / screening for illicit drugs every six months,
2 at her own expense. Testing to commence within the first six months of her
3 reinstatement and continue every six months during the course of her four year
4 probation. The written test results must be provided to the commission on time
5 and from a certified and approved testing provider.
6 Violation of any term or condition of probation shall constitute an independent basis for the
7 Commission to revoke Emura’s educator license or otherwise impose discipline, after first
8 providing Emura with notice and opportunity for hearing.
9 ///
10 Issued and dated this @172; of QM , 20 /_{
11 TEACHER STANDARDS AND PRACTICES COMMISSION
12 STATE OF OREGON
14 B
15 ictoria Ch in, Executive Director
16
Page 2 — RE-INSTATEMENT ORDER — EMURA, KIMBERLY

’ 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 1 JU IN 1 9 20B
2 OF THE STATE OF OREGON j; j ' ' . 1 a
3 In the Matter of the ) STIPULATION OF FACTS Am)‘ I ' A '
4 Educator License of ) FINAL ORDER OF REVOCATION
g KIMBERLY ANN EMURA ) OF RIGHT TO APPLY
7 On October 5, 2010 the Commission received a report from the High Desert ESD
8 alleging Kimberly Ann Emura (Emura) had violated professional practices standards.
9 After review of the matters alleged, Emura and the Commission agree that their
1 O respective interests, together with the public interest, are best served by a stipulation to
1 1 certain facts and the revocation of her right to apply for licensure.
12 By signing below, Emura acknowledges, understands, stipulates, and agrees to
13 the following: (i) she has been fully advised of her rights to notice and a hearing to
14 contest the ﬁndings of fact, conclusions of law, and order set forth below, and fully and
15 ﬁnally waives all such rights and any rights to appeal or otherwise challenge this
16 Stipulation of Facts and Final Order of Revocation of Right to Apply (Stipulation and
17 Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to
18 the public upon request by the Commission; (iii) this Stipulation and Final Order is
’ 19 contingent upon and subject to approval and adoption by the Commission. If the
20 Commission does not approve and adopt this Stipulation and Final Order, then neither
21 Emura nor the Commission are bound by the terms herein; (iv) she has fully read this
22 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without
23 any force or duress, enters into this Stipulation and Final Order and consents to issuance
24 and entry of the Stipulated Final Order below; (vi) she states that n0 promise 0r
25 representation has been made to induce her to sign this Stipulation and Final Order; and
- 26 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and
27 has been fully advised with regard to her rights thereto, or waives any and all rights to
28 consult with an attorney prior to entering into this Stipulation and Final Order and
29 issuance and entry of the Stipulated Final Order below.
30 STIPULATION OF FACTS
31 1. Kimberly Ann Emura has been licensed by the Commission since January 14, 1987.
32 Emura held a Basic Teaching License with an endorsement in Basic Elementary
33 Education, issued July 22, 2008, which expired on July 21, 2011. During all relevant
34 times, Emura was seeking employment with High Desert Education Service District.
' 35 2. On September 29, 2010, during a pre-employment drug screening, Emura tested positive
36 for Amphetamines, including Methamphetamine, and THC (Marijuana).
Page 1 STIPULATION OF FACTS AND ORDER OF PROBATION — EMURA, KIMBERLY ANN

. 1 According to a lab toxicologist where Emura’s testing was performed, the level of drugs
2 detected in Emura’s urine indicated that Emura had used Amphetamines or
3 Methamphetamines within two days of the test, Emura initially denied using any drug
4 other than marijuana but now admits that she used marijuana and methamphetamines
5 prior to the drug screening.
6 IT IS so STIPULATED:
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. 12 Victoria Cha -- a - Executive Director Date
13 Teacher Standards and Practices Commission
14
15 CONCLUSION OF LAW
16 Kimberly Ann Emura tested positive for illegal drug use during a pre-
17 employment drug screening. Emura misinformed Commission investigators regarding
. 18 her drug use. This conduct constitutes gross neglect of duty in violation of ORS 342.175
19 (1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-o2o-oo1o(5) (Use
20 professional judgment); and OAR 584-020-004o(4)(c) (Knowing falsification of any
21 document or knowing misrepresentation directly related to licensure, employment, or
22 professional duties). This conduct also constitutes gross unfitness in violation of ORS
23 342.175(1)(c); OAR 584-o2o-oo4o(5)(e) (Admission of or engaging in acts constituting
24 criminal conduct, even in the absence of a conviction).
25 The Commission’s authority to impose discipline in this matter is based upon
26 ORS 342.175.
27 ORDER
28 The Commission adopts and incorporates herein the above ﬁndings of fact and
29 conclusions of law, and based thereon, the Commission revokes Emura’s right to apply
' 3O for licensure to commence upon ﬁnalization of this order.
Page 2 STIPULATION OF FACTS AND ORDER OF PROBATION - EMURA, KIMBERLY ANN

. 1 Issued and dated this deay of July, 2013.
2 TEACHER STANDARDS AND PRACTICES COMMISSION
3 STATE OF O GON
4 a
5 By
6 ictoria Cha ' ecutive Director
Page 3 STIPULATION OF FACTS AND ORDER OF PROBATION -— EMURA, KIMBERLY ANN

. CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Revocation of
Right to Apply, certiﬁed by me as such, by mailing US. First Class Mail and U.S. Certiﬁed Mail —
Return Receipt Requested, addressed to:
Kimberley Ann Emura
PO Box 533
Kekaha, HI 96752-0533
_ MI
DATED this é ‘ day of August, 2013.
By: , MM
Patt iddell
Investigative Assistant
CERTIFICATE OF MAILING — EMURA, KIMBERLEY ANN