BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF OREGON In the Matter of the ) STIPULATION OF FACTS AND Educator License of ) FINAL ORDER OF SUSPENSION MONICA LAURAINE CAVAZOS ) AND PROBATION On or about September 11, 2010, the Teacher Standards and Practices Commission (Commission) received information relating to Monica Lauraine Cavazos (Cavazos). After review of the matters alleged, Cavazos and the Commission agree that their respective interests, together with the public interest, are best served by a stipulation t0 certain facts, the imposition of a thirty (30) day suspension of Cavazos’s Oregon Teaching License followed by four (4) years of probation and a monitoring period. This document sets forth the facts upon which the parties have agreed and the stipulated . sanction to be imposed. Cavazos stipulates that there is sufficient evidence in the Commission’s files and records to support the findings of fact, conclusions of law, and order set forth below. By signing below, Cavazos acknowledges, understands, stipulates, and agrees to the following: (i) she has been fully advised of her rights to notice and a hearing to contest the findings of fact, conclusions 0f law, and order set forth below, and fully and finally waives all l such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by the Commission. If the Commission does not approve and adopt this Stipulation and Final Order, then neither Cavazos nor the Commission are bound by the terms herein; (iv) she has fully read , this Stipulation and Final Order, and understands it completely; (v) she voluntarily, without any force or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the Stipulated Final Order below; (vi) she states that no promises or representation has been made to induce her to sign this Stipulation and Final Order; and (vii) she has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised with regard to her rights thereto, or waives any and all rights to consult with an attorney prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. In entering into this stipulation, Cavazos waives the right to a hearing to contest the findings 0f fact, conclusions of law and order set forth below. ‘ Page I STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - CAVAZOS, MONICA L. STIPULATION OF FACTS 1. The Commission has licensed Monica Lauraine Cavazos since March 30, 2004. Cavazos currently holds an Initial I Teaching License issued February 28, 2011, with endorsements in Art (ML/ HS), ESOL (ML/ HS, ECE/ELEL), Multiple Subjects (MIDLVL), and Multiple Subjects Self-Contained (ELE), which expires on March 30, 2014. During all relevant times, Cavazos was employed by the Salem-Keizer School District. 2. On September 11, 2010, the Commission was notified by the Salem Keizer School District that Cavazos may have violated professional standards by the misuse of district time and resources. On Apn'l 19, 2011, the Commission received a second notice from the Salem Keizer School District. This 2011 notice reported that Cavazos may have violated professional standards by failing to follow previous directives regarding the use of district time and resources and dishonesty regarding the misuse of sick time. 3. Commission investigation determined that on April 2o, 2011, the Salem Keizer School District issued Cavazos another “Letter of Reprimand” that included a two day suspension without pay. Documents indicate Cavazos was so disciplined for violating directives contained in Cavazos’ August 2010 letter of reprimand, the misuse of sick leave, and dishonesty. Investigation determined that Cavazos used sick leave on Wednesday, November 10, 2010, and Friday, November 12, 2010, (Thursday, November 11, 2010 was a scheduled furlough day) in violation of district policy to travel to Indiana. Cavazos was dishonest with district investigators when Cavazos stated her trip was made last minute and she required the time off as “mental health days”. Cavazos also lied to district investigators when she stated she traveled to Indiana on November 13, 2010. Cavazos later admitted to investigators that she flew to Indiana on Thursday, November 11, 2010. IT IS SO STIPULATED: M04”, 1111/12/14 a %b ‘QQ/ 610/5 ictoria Ch -- - Executive Director Date Teacher Standar and Practices Commission Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - CAVAZIS, MONICA L. 1 CONCLUSION OF LAW 2 ' Monica Lauraine Cavazos’ conduct described in section three (3) above constitutes gross 3 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates 4 OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district 5 lawful and reasonable rules and regulations), OAR 584-020-oo4o(4)(b) (Knowing and 6 substantial unauthorized use of employment time or school resources for private purposes) 7 and OAR 584-020-oo4o(4)(c) (Knowing falsification of any document or knowing 8 misrepresentation directly related to licensure, employment, or professional duties). This 9 conduct also constitutes gross unfitness in violation of OAR 584-020-0040(5)(b) (Fraud 0r 1 O misrepresentation). , 1 1 The Commission’s authority to impose discipline in this matter is based upon ORS I 1 2 342.175. 1 3 ORDER 14 The Commission hereby adopts and incorporates herein the above stipulation of facts, 15 conclusions of law, and based thereon hereby imposes a thirty (30) day suspension upon 16 Cavazos’s Educator License as follows: 17 Monica Lauraine Cavazos’s Educator License is hereby suspended forwwo) days 1 8 following the adoption of this order. 19 . Furthermore, the Commission imposes four (4) years of probation upon Cavazos to 20 commence upon reinstatement of her license and subject to the following terms and conditions 21 of probation: 22 1. Cavazos shall comply with the Standards for Competent and Ethical Performance 0f 23 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 02o. 24 Violation of any term or condition of probation shall constitute an independent basis for the 25 Commission to revoke Cavazos’s educator license or otherwise impose discipline, after first 26 providing Cavazos with notice and opportunity for hearing. 27 28 IT IS SO ORDERED th1 day of July, 2013. 29 TEACHER STANDARDS AND PRACTICES COMMISSION 3O <_ 31 By. 4m.) 32 Victoria Cha ' ecutive Director Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — CAVAZOS, MONICA L.