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 ) REPRIMAND 6 JAMES DALE CARLILE ) 7 8 On November 29, 2011, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to James Dale Carlile (Carlile) in which the 10 Commission charged him with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(n) as it ll incorporates OAR 584-020-0010(5); OAR 584-020-0040(4)(0) as it incorporates OAR 584-020- 12 0035(2)(a); and OAR 584-020-0040(4)(r). The Notice was sent via U.S. First Class Mail and 13 U.S, Certified Mail Receipt 7011 2000 0001 1282 4586 to the address on file with the 14 Commission. The Certified Mail was signed for by James Carlile on November 30, 2011. The 15 Notice 0f Opportunity of Hearing, dated November 29, 2011, and signed by Victoria 16 Chamberlain, Executive Director, stated: l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 2O REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 21 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 22 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 23 YOUR LICENSE OR OTHER DISCIPLINE.” 24 25 Carlile did not request a hearing. The Commission, therefore, finds Carlile to be in default and 26 enters the following findings of fact, conclusions of law and order, based on the files and records 27 of the Commission concerning this matter. I 28 29 FINDINGS OF FACT 3O l. Carlile has been licensed as a teacher in Oregon since July l, 1959. Carlile’s current 31 Standard Administrative License, with endorsements in Standard Administrator and Standard 32 Superintendent, issued on November 9, 2009, is valid until September l l, 2015. During all 33 relevant times, Carlile was employed by the Knappa School District, PAGE 1-DEFAULT ORDER OF REPRIMAND — CARLILE, JAMES DALE l 2. On July 1, 2009, Carlile was hired as the Interim Superintendent in the Knappa School 2 District. This position required an Administrative license. Carlile served in this position 3 from July l, 2009, through November 9, 2009, without an Oregon Administrative license. 4 5 3. On September 7, 2009, Carlile hired two individuals as teachers for the Knappa School 6 District. These positions required a teaching license. Carlile employed these two individuals 7 in these teaching positions without an Oregon teaching license, from September 7, 2009, 8 through December 8, 2009, and September 7, 2009, through December l6, 2009, 9 respectively. 10 CONCLUSIONS OF LAW ll James Dale Carlile’s conduct described in paragraphs 2 and 3 above constitutes gross 12 neglect of duty in violation of ORS 342.175(l)(b); OAR 584'020-0040(4)(n) as it incorporates 13 OAR 584-020-0010(5) (Use professionaljudginent); OAR 584-020-0040(4)(0) as it incorporates 14 OAR 584-020-0035(2)(a) (Apply for, accept, ofler, 0r assign a position of responsibility only on 15 the basis of professional qualifications, and will adhere t0 the conditions of a contract or the 16 terms of the appointment); and OAR 584-020-0040(4)(r) (Knowingly working without a license). l7 The Commission’s authority to impose discipline in this matter is bascd upon ORS 342.175. 18 FINAL ORDER 19 The Commission hereby imposes a Public Reprimand on the licensure of James Dale 20 Carlile. 21 22 IT IS so ORDERED THIS QQngI/y ofJanuary, 2012. 23 24 TEACHER STANDARDS AND PRACTICES COMMISSION 25 . 26 BKMML/M/ 27 Victoria Chamberlain, Executive Director 28 29 3O 31 PAGE 2—DEFAULT ORDER OF REPRIMAND — CARLILE, JAMES DALE 1 2 NOTICE OF APPEAL OR RIGHTS 3 4 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 5 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 6 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 7 ORS 183.482 TO THE OREGON COURT OF APPEALS. 8 /// PAGE 3-DEFAULT ORDER OF REPRIMAND — CARLILE. JAMES DALE 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: James Dale Carlile 8989 SW Wolds Drive Beaverton, OR 97007 Dated this 8 l4‘ day of February, 2012. By: ' ' / Pa iddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING-ANDERSON, CHRISTOPHER EDWARD