R E CE l VE D JA N 0 2 2013 1 BEFORE THE TEACHIS STANDARDS AND PRACTICES COMMISSIO ptgifiigg'ssggpggirgssi $1 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Educator License of ) FINAL ORDER OF REPRIMAND 5 SARA JANE RAILE ) AND PROBATION s On or about March 2, 2012, the Teacher Standards and Practices Commission 8 (Commission) received a report from the Linn Benton Lincoln Education Service District 9 (LBLESD), alleging professional misconduct on the part of licensed educator, Sara Jane 1O Raile (Raile). 1 1 After review of the matters alleged, Raile and the Commission agree that their 12 respective interests, together with the public interest, er: best served by a stipulation to 13 certain facts and the imposition of a Public Reprimand and four year Probation. 14 This Order sets forth the facts upon which the parties have agreed and the 15 sanction to be imposed. Raile stipulates that there are sufficient facts contained in the 16 Commission’s files and records to support the findings of fact and conclusions of law set 1 7 forth below. In entering into this stipulation, Raile waives the right to a hearing to 1 8 contest the findings of fact, conclusions of law and order set forth below. 19 By signing below, Raile acknowledges, understands, stipulates, and agrees to the 20 following: (i) she has been fully advised of her rights to notice and a hearing to contest 21 the findings of fact, conclusions of law, and order set forth below, and fully and finally 22 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 23 Facts and Final Order of Reprimand and Probation (Stipulation and Final Order); (ii) 24 this Stipulation and Final Order is a public document and disclosed to the public upon 25 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and 26 subject to approval and adoption by the Commission. If the Commission does not 27 approve and adopt this Stipulation and Final Order, then neither Raile nor the 28 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and 29 Final Order, and understands it completely; (v) she voluntarily, without any force or 3O duress, enters into this Stipulation and Final Order and consents to issuance and entry of 31 the Stipulated Final Order below; (vi) she states that no promise or representation has 32 been'made to induce her to sign this Stipulation and Final Order; and (vii) she has 33 consulted with an attorney regarding this Stipulation and Final Order and has been fully 34 advised with regard to her rights thereto, or waives any and all rights to consult with an 5:321 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — RAILE, SARA 1 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 2 the Stipulated Final Order below. 3 STIPULATION OF FACTS 4 1. The Commission has licensed Raile since April 11, 1983. Raile’s Standard 5 Teaching License, with an endorsement in Standard Speech Impaired (018), 6 issued on August 22, 2007, expired on July 26, 2012. During all relevant times, 7 Raile was employed by the LBLESD. Raile currently does not have an active 8 license, nor has she applied for renewal of her license. 9 2. In July 2011, Raile completed, certified, and submitted an employment 1 O application packet to the LBLESD for consideration of employment. As part of 1 1 Raile’s lure-employment process with LBLESD, she submitted an application 12 package that included a “Regional Questions” section, a “Current Employer 13 Questions” section and an “Applicant Release and Authorization“ form. By 14 signing these documents Raile certified that she had listed all previous employers 15 that are educational providers on her application and resume. One purpose for 16 requiring this information and its certification is for compliance with Oregon 17 Revised Statute 339.374. 1 8 3. Raile’s answers and certifications on the documents referenced in paragraph two 19 (2) were false as Raile failed to include her then most recent employer, Northwest 20 Regional Education Service District (NWRESD) on the employment application 21 packet. 22 4. On July 27, 2011, during her pre-employment interview with LBLESD, Raile did 23 verbally advise the interviewer that she had been previously employed by 24 NWRESD. While this allowed LBLESD to seek and receive an employment 25 reference check, Raile’s inaccurate paperwork caused the LBLESD to fail to 26 comply with required state law (ORS 339.374) until discovered and corrected in 27 February 2012. 28 / / / 29 IT IS SO STIPULATED: 2(1) w %_M 12,2‘?- /2~ 32 Sara ,9 e Rail / . Date 32 MM In”. I a M 35 'V "ra C am flu" xe v tive irector Date 36 Teacher Standards an ' actices Commission 52,9122 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — RAILE, SARA 1——b 1 CONCLUSION OF LAW 2 Raile made false statements in her employment application and on her Applicant 3 Release and Authorization form required for compliance with state law. This conduct 4 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 5 oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional judgment); and 6 OAR 584-020-oo4o(4)(c) (Knowing falsification of any document or knowing 7 misrepresentation directly related to licensure, employment, or professional duties). 8 The above conduct also constitutes gross unfitness in violation of ORS 342.175 (1)(c); i 9 OAR 584-o2o-oo4o(5)(b) (Fraud or misrepresentation). 1 O The Commission’s authority to impose discipline in this matter is based upon 11 ORS 342.175. 1 2 ORDER 13 Based on the foregoing, the Commission hereby orders as follows: 14 1. The Commission adopts and incorporates herein the above findings of fact and 15 conclusions of law, and based thereon, imposes a Public Reprimand on Sara 16 Jane Raile’s Standard Teaching License; 17 2. Raile is hereby placed on probation for a period of two (2) years from the date 18 this order is signed by the Commission subject to the following conditions: 19 a. Raile shall comply with the Standards for Competent and Ethical 20 Performance of Oregon Educators under Oregon Administrative Rules 21 Chapter 584, Division 02o. 22 Violation of any term 0r condition 0f probation shall constitute an independent basis 23 for the Commission to revoke Raile‘s teaching license, revoke her right to apply for a 24 license, or otherwise impose discipline, after first providing Raile with notice and 25 opportunity for hearing. 7% 26 Issued and dated this L day of February, 2013. 27 TEACHIS STANDARDS AND PRACTICES COMMISSION 28 STATE OF OREGON 29 so By M 31 Victoria Chamberlain, Executive Director 5:323 STIPULATION OF FACTS AND ORDER OF REPRIMAND AND PROBATION — RAILE, SARA