l

1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS AND

4 Educator License of ) FINAL ORDER OF DENIAL OF

5 ) APPLICATION AND SUSPENSION

6 LOAN PHAN ZIEHL ) OF RIGHT TO APPLY

g On January 17, 2012, the Commission referred Loan Phan Ziehl (Ziehl) to

9 investigation for violation of professional practices standards.
1O After review of the matters alleged, Ziehl and the Commission agree that their
1 1 respective interests, together with the public interest, are best served by a stipulation to
12 certain facts, the denial of Ziehl’s application for renewal, and the implementation of a
1 3 six month suspension of her right to apply for licensure.
14 By signing below, Ziehl acknowledges, understands, stipulates, and agrees to the
1 5 following: (i) she has been fully advised of her rights to notice and a hearing to contest
16 the findings of fact, conclusions of law, and order set forth below, and fully and finally
17 waives all such rights and any rights to appeal 0r otherwise challenge this Stipulation of
18 Facts and Final Order of Denial of Application and Suspension of Right to Apply
19 (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document
20 and disclosed to the public upon request by the Commission; (iii) this Stipulation and
21 Final Order is contingent upon and subject to approval and adoption by the Commission.
22 If the Commission does not approve and adopt this Stipulation and Final Order, then
23 neither Ziehl nor the Commission are bound by the terms herein; (iv) she has fully read
24 this Stipulation and Final Order, and understands it completely; (v) she voluntarily,
25 without any force or duress, enters into this Stipulation and Final Order and consents to
26 issuance and entry of the Stipulated Final Order below; (vi) she states that no promise or
27 representation has been made to induce her to sign this Stipulation and Final Order; and
28 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and
29 has been fully advised with regard to her rights thereto, or waives any and all rights to
3O consult with an attorney prior to entering into this Stipulation and Final Order and
31 issuance and entry of the Stipulated Final Order below.
32 STIPULATION OF FACTS
33 1. Loan Phan Ziehl has been licensed by the Commission since November 28, 2007. Ziehl
34 currently holds an Initial I Teaching License with an endorsement in Multiple Subjects
35 Self-Contained (ECE, ELE); issued October 23, 2009, and scheduled to expire on March

Page 1 STIPULATION OF FACTS AND ORDER OF PROBATION - ZIEHL, LOAN PHAN

1 11, 2012 (expiration is pending the outcome of the final Commission action). During all
2 relevant times, Ziehl was not employed by any School District.
3 2. On January 17, 2012, Ziehl’s C-1 application for renewal of her Oregon licensure was
4 referred to investigations for review of Ziehl’s answers on the character questions
5 section. Ziehl correctly answered ‘yes’ to character questions 8 and 10, but Ziehl checked
6 the box indicating she had provided an explanation of her yes answers in a prior
, 7 application. The Commission's investigation determined that Ziehl did provide an
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8 explanation for a September 2009 criminal conviction for Theft, but Ziehl failed to
9 advise or provide an explanation for a June 2010 criminal conviction for Theft.
1 O 3. The Commission's investigation also determined that Ziehl had been disciplined by the
1 1 California Commission on Teacher Credentialing (CTC). On December 10, 2011, the CTC
12 issued a “Public Reproval” upon Ziehl’s California credentials as a result of the same
13 theft conviction mentioned in section 2 above. Ziehl failed to answer “Yes” to her C-1
14 application character question number 4, “Have you ever had any adverse action taken
15 on a professional certificate, license 0r charter school registration...”
16 4. Ziehl has sought and successfully completed related treatment and counseling. Ziehl,
17 who is not a native English speaker, will seek clarification as needed regarding any future
18 applications if she is not clear about an accurate response. Ziehl cooperated with
19 investigators and accepted full responsibility for the inaccuracies in her application.
20
21 IT IS SO STIWD:
l , i
22 1 J3
23 ‘iglflf/ 64
24 Lo. r ' n iehl / f Date
25 7A» I '
26 I. 1145/2 .ll/A A ’ ' M_w
27 Victoria C VBW, Executive Director Date
28 Teacher Standards and Practices Commission
29
30 CONCLUSION OF LAW
31 Loan Phan Ziehl was convicted of two separate counts of Theft II (shoplifting
32 2009 and 2010), a misdemeanor. Ziehl failed to answer the character question section of
33 her 2012 application accurately. This conduct constitutes gross neglect of duty in
34 violation of ORS 342.175 (1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-
Page 2 STIPULATION OF FACTS AND ORDER 0F PROBATION - ZIEHL, LOAN PHAN

1 020-001o(5) (Use professional judgment), and OAR 584-020-oo4o(4)(c) (Knowing
2 falsification 0f any document or knowing misrepresentation directly related to
3 licensure, employment, 0r professional duties). This conduct also constitutes gross
4 unfitness in violation of ORS 342.175(1)(c); OAR 584-02o-oo4o(5)(c) (Conviction of
5 violating any federal, state, or local law. A conviction includes any final judgment of
6 conviction by a court whether as the result of guilty plea, no contest plea or any other
7 means).
8 The Commission’s authority to impose discipline in this matter is based upon
9 ORS 342.175.
1 0 ORDER
1 1 The Commission adopts and incorporates herein the above findings of fact and
12 conclusions of law, and based thereon, the Commission denies Ziehl’s application for
13 renewal and imposes a six (6) month suspension of Ziehl’s right to apply for licensure to
14 commence upon finalization of this order.
15 Issued and dated this O'Qéyhday of July, 2013.
16 TEACHER STANDARDS AND PRACTICES COMMISSION
17 STATE OF OREGON
1 9 By
20 Victoria Chamb a1 , ecutive Director
Page 3 STIPULATION 0F FACTS AND ORDER OF PROBATION - ZIEHL, LOAN PHAN

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Denial of
Application and Suspension of Right to Apply, certified by me as such, by mailing U.S. First Class Mail
and US. Certified Mail — Return Receipt Requested, addressed to:
Loan Phan Ziehl
15846 Allison Place
Lake Oswego, OR 97035-4102
, (71h
DATED this ’ day of August, 2013.
By: "-- ' I A U
Pa Liddell
Investigative Assistant
CERTIFICATE OF MAILING — ZIEHL, LOAN PHAN