l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the Educator License ) DEFAULT ORDER OF
5 0f ) REVOCATION OF RIGHT TO APPLY
6 CYNTHIA VIOLA HARRIS ) FOR AN EDUCATOR LICENSE
7
8
9 On December 20, 2012, the Teacher Standards and Practices Commission
10 (Commission) issued a Notice of Opportunity for Hearing to Cynthia Viola Harris (Harris)
1 1 in which the Commission charged her with Gross Neglect 0f Duty. The Notice was sent via
12 U.S. First Class Mail and U.S. Certiﬁed Mail Receipt 7011 2000 0001 1292 0011 to the
13 address on ﬁle with the Commission. The Notice designated the Commission ﬁle as the
l4 record for purposes of proving a prima facie case. The Certiﬁed Mail receipt was returned
15 signed, to the Commission on December 24, 2012. The regular mail was not returned t0 the
16 Commission. The Notice of Opportunity of Hearing, dated December 20, 2012, and signed
l7 by Victoria Chamberlain, Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
r 25
I 26 On December 31, 2012, Harris requested a hearing. On March 12, 2013, the Commission
i 27 ﬁled a hearing request with the Ofﬁce of Administrative Hearings. On June 11, 2013, parties
28 participated in a prehearing conference. A contested case hearing was set for October 15-16,
29 2013, at 9:00 a.m. at the OAH ofﬁce in Tualatin Oregon. On September 10, 2013 the OAH
30 received written notice that Harris was withdrawing her hearing request and was no longer
31 contesting the case against her.
32 Based on Ms. Harris’s withdrawal from the hearings process, the Commission ﬁnds her in
33 default and enters the following order based on the records and ﬁles 0f the Commission in
34 this matter.
35
36
37
PAGE 1-DEFAULT ORDER OF REVOCATION OF LICENSURE- HARRIS, CYNTHIA VIOLA

1 FINDINGS OF FACT
2 1. Cynthia Viola Harris has been licensed as a teacher in Oregon since October 24, 2006.
3 Harris’s Emergency Administrator Teaching License, with an endorsement in
4 Administrator (ALL LVL), was issued on October 24, 2009, and expired on July 31,
5 2010. Harris made application for renewal on August 9, 2010 and her application was
1 6 deemed incomplete. During all relevant times, Harris was employed by the Portland
i 7 Public School District.
.
9 2. On May 21, 2010, the Commission received a report from the Portland Public School
10 District indicating reason to believe Harris was in violation of professional standards and
i 11 practices related to the mismanagement of school funds. The notice indicated that on
12 May 18, 2010, Harris was placed on administrative leave while the school district
13 investigation was conducted. On August 9, 2010, Harris signed and submitted a C-1
14 application to the Commission for licensure. Harris answered “No” to all the character
15 questions as part of the application. Harris made a false statement on the character
16 question section of her application, speciﬁcally question number two (#2), “Are you
17 currently the subject of an inquiry, review 0r investigation for alleged misconduct or
18 alleged violation of professional standards of conduct?” Harris also made a false
19 statement on character question number three (#3), “(...f0r any alleged misconduct or
20 alleged violation of professional standards of conduct been placed 0n leave by your
21 employer... )”.
22
23 3. The Commission conducted an investigation regarding additional allegations reported by
24 Portland Public Schools. The resulting investigation determined the following:
25
26 a. In February 2008, Harris was investigated by the Portland Public School
27 District for failing to follow School District Policies and Regulations related to
28 authorized spending, spending of grant funds, and the use of district issued
29 procurement cards. The investigation spanned years 2006 — 2008, and
3O determined that despite the district providing Harris with repeated training
31 and holding meetings with Harris regarding the related rules and policies,
32 Harris continually used her issued procurement card and spent grant funds in
PAGE 2-DEFAULT ORDER OF REVOCATION OF LICENSURE- HARRIS, CYNTHIA VIOLA

1 violation of district policies. The misuse of Harris’ procurement card and
2 unauthorized spending resulted in the district inactivating Harris’
3 procurement card and entering into an agreement with Harris to repay the
4 district for unauthorized expenditures for an amount in excess of $12,000.
5
6 b. In 2010, Portland School District conducted another investigation, spanning
7 from 2008 thru 2010, regarding Harris’ continued mismanagement of school
8 funds, unauthorized expenses, mismanaged personal service contracts, and
9 questionable reimbursement practices. District and Commission
10 investigations found Harris failed to follow related School District Policies and
1 1 Regulations. Investigative ﬁndings determined Harris issued and managed
12 questionable personal service contracts; including contracting with Harris’
13 personal friends and family members who were determined unqualiﬁed and
14 overpaid for services. Harris failed to provide adequate documentation of
15 services claimed rendered by contractors. Harris made and received
16 unauthorized and inappropriate claims for reimbursement of expenses
17 including personal purchases and expenses for Harris’ personal beneﬁt. Harris
18 spent student body funds in violation of policy for personal purposes;
19 including Harris’ own professional development and memberships, charitable
20 donations, and other inappropriate purchases. Harris’ actions resulted in her
21 resignation by separation agreement with the district on September 29, 2011.
22
23 CONCLUSIONS 0F LAW
24 Harris’ conduct described in section two (2) constitutes gross neglect of duty in
25 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-
26 0010(5) (Use professional judgment), and OAR 584-02o-oo4o(4)(c) (Knowing
27 falsiﬁcation of any document or knowing misrepresentation directly related to licensure,
28 employment, or professional duties). This conduct also constitute gross unﬁtness in
29 violation 0f ORS 342.175(1)(c); OAR 584-020-0040 (5)(b) (Fraud or misrepresentation).
3O
31
PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE- HARRIS, CYNTHIA VIOLA

1 Harris’ conduct in section three “a” (3)(a), constitutes gross neglect of duty in
2 violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020- .
3 0010(5) (Use professional judgment), OAR 584-020-0025(2)(d) (Using district and school
4 business and ﬁnancial procedures), OAR 584-020-0025(2)(e) (Using district lawful and
5 reasonable rules and regulations), OAR 584-020-0025(3)(a) (Leadership skills in
6 managing the school, its students, staﬁ’, and programs as required by lawﬁil and
7 reasonable district policies, rules, and regulations, state and federal laws and regulations,
8 and other programs as assigned, and assures that staﬂ is informed of these requirements),
9 OAR 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(2)(e) (Not use the
10 district's or school's name, property, or resources for non-educational beneﬁt or purposes
11 without approval of the educator's supervisor 0r the appointing authority), OAR 584-020-
12 0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the law,
13 exemplifying personal integrity and honesty); OAR 584-020-0040 (4)(a) (Knowing and
14 substantial unauthorized use 0f: school name or ﬁnancial credit; school materials or
15 equipment for personal purposes; or school personnel to provide personal services
16 unrelated to school business); and OAR 584-020-0040 (4)(b) (Knowing and substantial
l7 unauthorized use of employment time or school resources for private purposes). This
18 conduct also constitute gross unﬁtness in violation of ORS 342.175(1)(c); OAR 584-020-
19 0040 (5)(b) (Fraud or misrepresentation).
20
21 Harris’ conduct described in section three “b” (3)(b), constitutes gross neglect of duty
22 in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
23 020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(d) (Using district and
24 school business and ﬁnancial procedures), OAR 584-020-0025(2)(e) (Using district lawﬁil
25 and reasonable rules and regulations), OAR 584-020-0025(3)(a) (Leadership skills in
26 managing the school, its students, staﬂ, and programs as required by lawful and
27 reasonable district policies, rules, and regulations, state and federal laws and regulations,
28 and other programs as assigned, and assures that staﬁC is informed of these requirements),
29 OAR 584-020-0040(4)(0) as it incorporates OAR 584-020-0035(2)(e) (Not use the
3O district's or school's name, property, or resources for non-educational beneﬁt or purposes
31 without approval of the educator's supervisor or the appointing authority), and OAR 584-
32 o20-0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the law,
j PAGE 4-DEFAULT ORDER OF REVOCATION OF LlCENSURE- HARRIS, CYNTHIA VIOLA

1 exemplifying personal integrity and honesty); OAR 584-020-0040 (4)(a) (Knowing and
2 substantial unauthorized use of: school name or ﬁnancial credit; school materials or
3 equipment for personal purposes; or school personnel to provide personal services
4 unrelated to school business); and OAR 584-020-0040 (4)(b) (Knowing and substantial
5 unauthorized use of employment time or school resources for private purposes). This
6 conduct also constitute gross unﬁtness in violation of ORS 342.175(1)(c); OAR 584-020-
7 0040 (5)(b) (Fraud or misrepresentation).
8
9 The Commissions authority to impose discipline in this matter is based upon ORS 342.175.
10
l 1 FINAL ORDER
12 The Commission hereby revokes Cynthia Viola Harris’ Right to Apply for an Educator
13 license.
l4 IT IS SO ORDERED THIS [I A‘ day of November, 2013.
15 TEACHER STANDARDS AND PRACTICES COMMISSION
16 By:
17 Victoria Chamberlain, Executive Director
18
19 NOTICE OF APPEAL OR RIGHTS
20
21 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
22 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM
23 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
24 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 5-DEFAULT ORDER OF REVOCATION OF LICENSURE— HARRIs, CYNTHIA VIOLA

1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the Educator License ) DEFAULT ORDER OF
5 0f ) REVOCATION OF RIGHT TO APPLY
6 CYNTHIA VIOLA HARRIS ) FOR AN EDUCATOR LICENSE
7
8
9 On December 20, 2012, the Teacher Standards and Practices Commission
10 (Commission) issued a Notice of Opportunity for Hearing to Cynthia Viola Harris (Harris)
1 1 in which the Commission charged her with Gross Neglect 0f Duty. The Notice was sent via
12 U.S. First Class Mail and U.S. Certiﬁed Mail Receipt 7011 2000 0001 1292 0011 to the
13 address on ﬁle with the Commission. The Notice designated the Commission ﬁle as the
14 record for purposes of proving a prima facie case. The Certiﬁed Mail receipt was returned
15 signed, to the Commission on December 24, 2012. The regular mail was not returned t0 the
16 Commission. The Notice of Opportunity of Hearing, dated December 20, 2012, and signed
17 by Victoria Chamberlain, Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
1 25
1 26 On December 31, 2012, Harris requested a hearing. On March 12, 2013, the Commission
i 27 ﬁled a hearing request with the Ofﬁce of Administrative Hearings. On June 11, 2013, parties
28 participated in a prehearing conference. A contested case hearing was set for October 15-16,
29 2013, at 9:00 a.m. at the OAH ofﬁce in Tualatin Oregon. On September 10, 2013 the OAH
30 received written notice that Harris was withdrawing her hearing request and was no longer
31 contesting the case against her.
32 Based on Ms. Harris’s withdrawal from the hearings process, the Commission ﬁnds her in
33 default and enters the following order based on the records and ﬁles 0f the Commission in
34 this matter.
35
36
37
PAGE 1-DEFAULT ORDER OF REVOCATION OF LICENSURE- HARRIs, CYNTHIA VIOLA

1 FINDINGS OF FACT
2 1. Cynthia Viola Harris has been licensed as a teacher in Oregon since October 24, 2006.
3 Harris’s Emergency Administrator Teaching License, with an endorsement in
4 Administrator (ALL LVL), was issued on October 24, 2009, and expired on July 31,
5 2010. Harris made application for renewal on August 9, 2010 and her application was
, 6 deemed incomplete. During all relevant times, Harris was employed by the Portland
i 7 Public School District.
.
9 2. On May 21, 2010, the Commission received a report from the Portland Public School
10 District indicating reason to believe Harris was in violation of professional standards and
i 11 practices related to the mismanagement of school funds. The notice indicated that on
12 May 18, 2010, Harris was placed on administrative leave while the school district
13 investigation was conducted. On August 9, 2010, Harris signed and submitted a C-1
14 application to the Commission for licensure. Harris answered “No” to all the character
15 questions as part of the application. Harris made a false statement on the character
16 question section of her application, speciﬁcally question number two (#2), “Are you
17 currently the subject of an inquiry, review or investigation for alleged misconduct or
18 alleged violation of professional standards of conduct?” Harris also made a false
19 statement on character question number three (#3), “(...for any alleged misconduct or
20 alleged violation of professional standards of conduct been placed on leave by your
21 employer... )”.
22
23 3. The Commission conducted an investigation regarding additional allegations reported by
24 Portland Public Schools. The resulting investigation determined the following:
25
26 a. In February 2008, Harris was investigated by the Portland Public School
27 District for failing to follow School District Policies and Regulations related to
28 authorized spending, spending of grant funds, and the use of district issued
29 procurement cards. The investigation spanned years 2006 — 2008, and
3O determined that despite the district providing Harris with repeated training
31 and holding meetings with Harris regarding the related rules and policies,
32 Harris continually used her issued procurement card and spent grant funds in
PAGE 2-DEFAULT ORDER OF REVOCATION OF LICENSURE- HARRIS, CYNTHIA VIOLA

1 violation of district policies. The misuse of Harris’ procurement card and
2 unauthorized spending resulted in the district inactivating Harris’
3 procurement card and entering into an agreement with Harris to repay the
4 district for unauthorized expenditures for an amount in excess of $12,000.
5
6 b. In 2010, Portland School District conducted another investigation, spanning
7 from 2008 thru 2010, regarding Harris’ continued mismanagement of school
8 funds, unauthorized expenses, mismanaged personal service contracts, and
9 questionable reimbursement practices. District and Commission
10 investigations found Harris failed to follow related School District Policies and
1 1 Regulations. Investigative ﬁndings determined Harris issued and managed
12 questionable personal service contracts; including contracting with Harris’
13 personal friends and family members who were determined unqualiﬁed and
14 overpaid for services. Harris failed to provide adequate documentation of
15 services claimed rendered by contractors. Harris made and received
l6 unauthorized and inappropriate claims for reimbursement of expenses
17 including personal purchases and expenses for Harris’ personal beneﬁt. Harris
18 spent student body funds in violation of policy for personal purposes;
19 including Harris’ own professional development and memberships, charitable
20 donations, and other inappropriate purchases. Harris’ actions resulted in her
21 resignation by separation agreement with the district on September 29, 2011.
22
23 CONCLUSIONS 0F LAW
24 Harris’ conduct described in section two (2) constitutes gross neglect of duty in
25 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-
26 0010(5) (Use professional judgment), and OAR 584-02o-oo4o(4)(c) (Knowing
27 falsification of any document or knowing misrepresentation directly related to licensure,
28 employment, or professional duties). This conduct also constitute gross unﬁtness in
29 violation 0f ORS 342.175(1)(c); OAR 584-020-0040 (5)(b) (Fraud or misrepresentation).
3O
31
PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE- HARRIS, CYNTHIA VIOLA

l Harris’ conduct in section three “a” (3)(a), constitutes gross neglect of duty in
2 violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020- .
3 0010(5) (Use professional judgment), OAR 584-020-0025(2)(d) (Using district and school
4 business and ﬁnancial procedures), OAR 584-020-0025(2)(e) (Using district lawful and
5 reasonable rules and regulations), OAR 584-020-0025(3)(a) (Leadership skills in
6 managing the school, its students, staﬁ’, and programs as required by lawﬁil and
7 reasonable district policies, rules, and regulations, state and federal laws and regulations,
8 and other programs as assigned, and assures that staﬂ is informed of these requirements),
9 OAR 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(2)(e) (Not use the
10 district's or school's name, property, or resources for non-educational beneﬁt or purposes
11 without approval of the educator's supervisor 0r the appointing authority), OAR 584-020-
12 0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the law,
13 exemplifying personal integrity and honesty); OAR 584-020-0040 (4)(a) (Knowing and
14 substantial unauthorized use 0f: school name or ﬁnancial credit; school materials or
15 equipment for personal purposes; or school personnel to provide personal services
16 unrelated to school business); and OAR 584-020-0040 (4)(b) (Knowing and substantial
l7 unauthorized use of employment time or school resources for private purposes). This
18 conduct also constitute gross unﬁtness in violation of ORS 342.175(1)(c); OAR 584-020-
19 0040 (5)(b) (Fraud or misrepresentation).
20
21 Harris’ conduct described in section three “b” (3)(b), constitutes gross neglect of duty
22 in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
23 020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(d) (Using district and
24 school business and ﬁnancial procedures), OAR 584-020-0025(2)(e) (Using district lawﬁil
25 and reasonable rules and regulations), OAR 584-020-0025(3)(a) (Leadership skills in
26 managing the school, its students, staﬂ, and programs as required by lawful and
27 reasonable district policies, rules, and regulations, state and federal laws and regulations,
28 and other programs as assigned, and assures that staﬁC is informed of these requirements),
29 OAR 584-020-0040(4)(0) as it incorporates OAR 584-020-0035(2)(e) (Not use the
3O district's or school's name, property, or resources for non-educational beneﬁt or purposes
31 without approval of the educator's supervisor or the appointing authority), and OAR 584-
32 o20-0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the law,
j PAGE 4-DEFAULT ORDER OF REVOCATION OF LlCENSURE- HARRIS, CYNTHIA VIOLA

l exemplifying personal integrity and honesty); OAR 584-020-0040 (4)(a) (Knowing and
2 substantial unauthorized use of: school name or ﬁnancial credit; school materials or
3 equipment for personal purposes; or school personnel to provide personal services
4 unrelated to school business); and OAR 584-020-0040 (4)(b) (Knowing and substantial
5 unauthorized use of employment time or school resources for private purposes). This
6 conduct also constitute gross unﬁtness in violation of ORS 342.175(1)(c); OAR 584-020-
7 0040 (5)(b) (Fraud or misrepresentation).
8
9 The Commissions authority to impose discipline in this matter is based upon ORS 342.175.
10
l 1 FINAL ORDER
12 The Commission hereby revokes Cynthia Viola Harris’ Right to Apply for an Educator
13 license.
l4 IT IS SO ORDERED THIS [I A‘ day of November, 2013.
15 TEACHER STANDARDS AND PRACTICES COMMISSION
16 By:
17 Victoria Chamberlain, Executive Director
18
19 NOTICE OF APPEAL OR RIGHTS
20
21 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
22 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM
23 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
24 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 5-DEFAULT ORDER OF REVOCATION OF LICENSURE— HARRIS, CYNTHIA VIOLA