1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 SUSAN NE MARIE STIEL ) PUBLIC REPRIMAN D . 6 i 7 l 8 On April 17, 2013, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice 0f Opportunity for Hearing to Susanne Marie Stiel (Stiel) in which the 10 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class 11 Mail and U.S. Certified Mail Receipt 7011 2000 0001 1282 3282 to the address on file with the 12 Commission. The Notice designated the Commission file as the record for purposes of proving a 13 prima facie case. The Certified Mail receipt was returned to the Commission signed as received, 14 0n April 26, 2013. The regular mail was not returned to the Commission. The Notice of 15 Opportunity of Hearing, dated April 17, 2013, and signed by Victoria Chamberlain, Executive 16 Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR 19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 21 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 23 DISCIPLINE.” 24 25 Stiel did not request a hearing. The Commission, therefore, finds Stiel to be in default and enters 26 the following findings of fact, conclusions of law, and final order, based on the files and records 27 of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Susanne Marie Stiel has been licensed by the Commission since April 1, 1998. Stiel’s Basic 30 Teaching License, with an endorsement in Standard Social Studies (020), was issued August 31 16, 2011, and expires 0n August 15, 2014. 32 2. On August 15, 2011, Stiel submitted an application for the renewal of her Basic Teaching License. On 33 September 19, 2011, the Commission referred Stiel’s application for licensure renewal to the 34 Professional Practices division for investigation. As part of Stiel’s application, Stiel answered “N0” 35 to all ten character questions, signed and dated the application on August 15, 2011. During the 36 processing of Stiel’s application, a background check indicated that Stiel had been arrested for theft 37 on November 3, 2010. Stiel failed to appear in court and had a warrant issued for her arrest on 3 8 November 10, 2010. An investigation determined that Stiel was aware of these issues at the time 39 Stiel completed her application and should have answered “ch” to one or more of her character PAGE 1-DEFAULT ORDER PUBLIC REPRIMAND- STIEL, SUSANNE MARIE 1 questions, specifically question number nine; “Have you ever been arrested or cited for any offense 2 listed in section (8) above which is still pending in the courts?” In November 2011, Stiel was ‘ 3 arrested for the outstanding warrant, pled guilty to the theft charge and was granted a diversion 4 after serving Stiel’s sentence agreement. 5 CONCLUSIONS OF LAW 6 Stiel’s conduct described above constitutes gross neglect of duty in violation of ORS 7 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use 8 professional judgment), and OAR 584-020-040(4)(c)(Kn0wingfalsification of any document 9 or knowing misrepresentation directly related to licensure, employment, 0r professional 10 duties). 1 1 The Commission’s authority to impose discipline in this matter is based upon 12 ORS 342.175. 1 3 FINAL ORDER 14 The Commission hereby issues a Public Reprimand upon Susanne Marie Stiel’s Educator 15 licensure. 44> 16 IT IS SO ORDERED THIS lcl day of June, 2013. 17 TEACHER STANDARDS AND PRACTICES COMMISSION 18 By: 19 Victoria Chamberlain, Executive Director 20 21 22 NOTICE OF APPEAL OR RIGHTS 23 24 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 25 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 26 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 27 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER PUBLIC REPRIMAND- STIEL, SUSANNE MARIE CERTIFICATE OF MAILING I hereby certify that l 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: Susanne Marie Stiel 409 NE 19"‘ Ave Canby, OR 97013-2356 Dated this l9 A day of June, 2013. By: Pa Liddell Investigative Assistant l l PAGE 1- CERTIFICATE OF MAILING— STIEL, SUSANNE MARIE