1 BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS 2 ON BEHALF OF 3 TEACHER STANDARDS AND PRACTICES COMMISSION 4 5 In the Matter of the ) OAH Case No. 1002059 1 6 Teaching License of ) 7 AMY LOUISE VORIS ) FINAL ORDER BY DEFAULT 8 9 On July 20, 2010, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Amy Louise Voris (Voris) in which the 11 Commission charged her with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(c), 12 OAR 584-020-0040 (5)(c), OAR 584-02o-oo4o(5)(e), and OAR 584-050-0006(3)(a). Ms. 13 Voris requested a hearing. A hearing was scheduled before Administrative Law Judge Ken 14 Betterton at 9:00 a.m. on April 29, 2011. Ms. Voris failed to appear at the scheduled time and 15 place 0f the hearing. l6 The Notice 0f Opportunity for Hearing informed Ms. Voris that if she failed to appear at l7 the hearing, the Commission would adopt an order of default and that the records contained the 18 files of the Commission would automatically become a part of the contested case record upon l9 default for purposes of proving a prima facie case. The Commission, therefore, finds Ms. Voris 20 in default and enters the following findings of fact, conclusions of law and order, based on the 21 files and records of the Commission concerning this matter. 22 FINDINGS OF FACT 23 1. Voris previously held a California teaching credential that expired on February 1, 2010. 24 On March 5, 2009, Voris signed and submitted an Application for Educator License 25 Form C-1, on which she answered, “yes” to character questions 1, 2, 3, 8, and 10. 26 2. Voris answered “yes” to question 1, “Have you ever left any educational or school- 27 related employment, voluntarily 0r involuntarily, while the subject of an inquiry, 28 review 0r investigation of alleged misconduct or alleged violation 0f professional 29 standards of conduct or when you had reason to believe such investigation was 3O imminent?” Voris’ written explanation stated that she left the Santa Anna Unified 31 School District in California due to illness. Information obtained with Voris’ consent 32 from the Santa Anna Unified School District indicated that she left for several months 33 without notice. When she returned she submitted potentially fraudulent notes from a PAGE 1-FINAL ORDER BY DEFAULT - VORIS, AMY LOUISE 1 medical provider that gave n0 reason for her leave of absence. With the documents 2 obtained from the Santa Anna Unified School District, were records of arrests not 3 disclosed to the Commission in her application for licensure in Oregon. 4 3. Voris answered, “yes” to question 2, "Are you currently the subject of an inquiry, 5 review or investigation for alleged misconduct or alleged violation of professional 6 standards of conduct?” The California Commission 0n Teacher Credentialing 7 indicated that no final decision was made in reference to Voris’ case and that 8 information regarding any pending case would have to come from Voris. 9 4. Voris answered, “yes” to question 8, “Have you ever been convicted or granted lO conditional discharge by any court for any: (a) Felony; or (b) Misdemeanor; or (c) ll major traflic violation such as; fleeing or attempting to allude a police oflicer; 12 driving while your license was suspended, revoked or used in violation of any license l3 restriction; or failure to perform the duties of a driver 0r witness at an accident?” 14 Voris provided a written explanation listing a single misdemeanor conviction in 15 December of 2007, in California for shoplifting, which she said involved one night in l6 jail for her theft 0f a lighter. Court documents show that Voris was sentenced to six 17 days jail, 0f which she served four, for shoplifting from two different stores. The crime l8 for which she served jail time was actually an arrestfollowing her failure to appear for 19 the hearing regarding the shoplifting. 20 5. In addition to the arrest and conviction related to the December 2007 shoplifting 21 incident, Voris has the following arrests and convictions not disclosed to the 22 Commission with application: 23 a. Voris was arrested in California for the following crimes: 24 i. April 18, 2001: Corporal Injury to a Spouse (Domestic) 25 ii. March 27, 2007: Petty Theft 26 iii. September 18, 2007: Possession of Marijuana, under 28.5 grams 27 iv. May 20, 2008: Vehicle Theft 28 b. In Arizona, Voris had the following arrests: 29 i. February 23, 2008: Criminal Trespass 3O ii. February 29, 2008: DUII 31 iii. May 25, 2008: Voris was arrested for Assault following an incident 32 where she approached a man of Indian descent and demanded to know 33 his citizenship status, and whether he was a Christian. When he 34 responded that he was both a US citizen and a Christian, Voris jumped PAGE 2-FINAL ORDER BY DEFAULT —VOR|S, AMY LOUISE l on his back, yelled, “Do you remember fucking Pearl Harbor” and, 2 “Osama Bin Laden.” Voris then proceeded to hit the man in the head, 3 and kick his laptop computer. 4 c. In Oregon, Voris had the following arrests: 5 i. March 24, 2008: Offensive Littering 6 ii. January 1, 2009: Failure to Appear 7 iii. April 26, 2009: Disorderly Conduct 2 8 iv. May 7, 2009: Criminal Trespass in the 2nd Degree 9 v. May 21, 2009: Reckless driving, Interfering with a Peace Officer, 10 Resisting Arrest and Failure to Carry or Present a License 11 vi. July 1, 2009: Disorderly Conduct 2 12 vii. July 13, 2009: Disorderly Conduct 2 l3 viii. July 14, 2009: Disorderly Conduct 2, Criminal Trespass l4 ix. September 3, 2009: Failure to Appear 15 d. Some of Voris’ arrests were accompanied by erratic behavior that led police 0n 16 one occasion to use a Taser to subdue her, and on another occasion to place her l7 on a psychiatric hold. 18 e. Voris did not disclose all of her arrests and convictions 0n her application. 19 CONCLUSIONS OF LAW 20 21 Amy Louise Voris’ above described conduct constitutes gross neglect of duty in violation of 22 ORS 342.175(1)(b); OAR 584-020-oo4o(4)(c) (Knowing falsification of any document or 23 knowing misrepresentation directly related to licensure, employment, or professional 24 duties), and gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) 25 (Conviction of violating any federal, state, or local law. A conviction includes any final 26 judgment of conviction by a court whether as the result of guilty plea, no contest plea or any 27 other means); OAR 584-020-004o(5)(e) (Admission of 0r engaging in acts constituting 28 criminal conduct, even in the absence 0f a conviction); and OAR 584-050-0006(3)(a) (The 29 applicant submits a falsified application), (b) (The applicant has been convicted 0f any 3O felony, misdemeanor, or major traflic offense), and (d) (The Executive Director has evidence 31 that the applicant may lack fitness to serve as an educator), 32 33 Based on the foregoing, Voris failed to establish that she has the physical and mental fitness 34 required t0 hold a license pursuant to ORS 342.143(2). PAGE 3-FINAL ORDER BY DEFAULT - VORIS, AMY LOUISE 1 The Commission’s authority to impose discipline in this matter is based upon ORS 2 342.175. 3 FINAL ORDER 4 The Commission hereby denies Amy Louise Von's’ application for an Oregon Teaching 5 License. 2- gee 6 IT IS S0 ORDERED THIS day of May, 2011. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 8 r 9 lO By: M 11 Victoria Ch er ' xecutive Director 12 l3 l4 15 16 NOTICE OF APPEAL OR RIGHTS l7 18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 19 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 20 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 21 ORS 183.482 TO THE OREGON COURT 0F APPEALS. 22 PAGE 4-FINAL ORDER BY DEFAULT - VORIS, AMY LOUISE CERTIFICATE OF MAILING I hereby certify that I 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: Amy Louise Voris 3744 Sunnyview Rd NE Apt 75 Salem OR 97305 ilv Dated this )0 day of June, 2011. By: Me dy Ha Ex utive ant PAGE 1- CERTIFICATE OF MAILING—VORIS, AMY LOUISE