1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON
. In the Matter of the ) DEFAULT ORDER OF

5 Teaching License of ) REVOCATION OF

6 KIMBERLY RENE HORENSTEIN ) RIGHT TO APPLY FOR LICENSURE

7

8 On June 4, 2007, the Teacher Standards and Practices Commission (Commission) issued a

9 Notice of Opportunity for Hearing to Kimberly Rene Horenstein (Horenstein) in which the Commission
10 charged her with misconduct under ORS 342.175. The Notice was sent via U.S. First Class Mail and
11 U.S. Certified Mail Receipt 7006 0810 0001 4602 1695 to the address Ms. Horenstein provided to the
12 Commission and a copy was sent to Adam Arms, Attorney at Law. The certified mail receipt was
13 returned unclaimed to the Commission on June 27, 2007. The U.S. First Class Mail was not returned
14 to the Commission. The Notice of Opportunity of Hearing, dated June 4, 2007, and signed by Victoria
15 Chamberlain, Executive Director, stated:
16 "You, Kimberly Rene Horenstein. are entitled to a hearing on the proposed action of
17 the Commission. If you want a hearing, you must file a written request for a hearing
’ with the Commission within 21 days of the date of this notice. Attached Ito this notice is

a copy of the procedures, right of representation and other rights of parties relating to
20 the conduct of a hearing as required under ORS 183.413(2)."
:2 Ms. Horenstein did not request a hearing. The Commission, therefore, finds
23 Ms. Horenstein to be in default and enters the following findings of fact, conclusions of law and
24 order, based on the files and records of the Commission concerning this matter.
25 FINDINGS OF FACT .
26 1. The Commission first licensed Ms. Horenstein on February 11, 1981. On May 9, 2002, the ‘
27 Commission issued Ms. Horenstein a Standard Teaching License with Basic Health Education, Basic
28 Physical Education, Standard Handicapped Learner, and Severely Handicapped Learner
29 Endorsements. Said license expired on May 25, 2007.
30 2. On December 13, 2005, Ms. Horenstein was interviewed by Portland Police and admitted
31 to having sexual relationships with two juvenile females in the early 1980's.
O
PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — HORENSTEIN

1 3. On December 13, 2005, Ms. Horenstein admitted to having sexual relationships with a
. juvenile female whom she coached in swimming.
3 CONCLUSIONS 0F LAW
4 Ms. Horenstein’s sexual conduct with two juvenile females in 1980 constitutes Gross Unfitness
5 in violation of OAR 584-020-0040(5)(e). Ms. Horenstein’s sexual conduct with juvenile female whom
6 she coached in swimming constitutes Gross Neglect of Duty in violation of OAR 584-020-0040(4)(f).
7 The Commission's authority to impose discipline in this matter is based upon ORS 342.175.
8 ORDER
9 The Commission hereby revokes Kimberly Rene Horenstein's right to apply for a teaching
10 license.
5277C
11 lT IS SO ORDERED this day of August, 2007.
12 TEAC ER TANDAR AND PRACTICES COMMISSION
13 m/Mj ‘
1 B :
b ictoria C ' , Executive Director
17 NOTICE OF APPEAL OR RIGHTS
18
19 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
20 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
21 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE
22 OREGON COURT OF APPEALS. i
PAGE 2 - DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — HORENSTEIN

Q1 CERTIFICATE OF MAILING
4 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me
5 as such by U.S. First Class Mail to the Attorney of record for Kimberly Rene Horenstein:
6
7 Adam S. Arms
8 Attorney at Law
9 ] McKanna | Bishop | Joffe | & Sullivan | LLP
10 1635 NW Johnson Street
11 Portland OR 97209
12 7 fit’
13 Dated thisg day of August, 2007.
14
15
16
17 By:
18 Melo Hanso cutive Assistant
PAGE 1 — CERTIFICATE OF MAILING - HORENSTEIN