1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) SUSPENSION OF 6 ) RIGHT TO APPLY 7 JENNIFER CARRIE HALDEMAN ) 8 9 On February 24, 2011, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Jennifer Carrie Haldeman (Haldeman) in which 11 the Commission charged her with Gross Neglect of Duty and Gross Unfitness pursuant to ORS 12 342.175(1)(b)and (c); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5); OAR 13 584-o2o-oo4o(4)(c); OAR 584-o2o-oo4o(5)(c); and OAR 584-020-oo4o(5)(e). The Notice was 14 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7010 0290 0001 6831 2134 to the 15 address on file with the Commission. The Notice of Opportunity 0f Hearing, dated February 24, 16 2011, and signed by Victoria Chamberlain, Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR l9 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 21 HEARING, THE COMMISSION WILL ADOPT AN ORDER 0F DEFAULT WHICH MAY 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 23 DISCIPLINE.” 24 25 On March 10, 2011, Haldeman requested a hearing. Negotiations began prior to a hearing in an 26 attempt to negotiate a settlement. On February 21, 2012, Haldeman sent the Commission email 27 correspondence advising that she had pursued another career path and was withdrawing her 28 request for a hearing. Haldeman was advised that such action would result in a default order 29 being issued as described in her original notice of opportunity for a hearing. Haldeman advised 3O she fully understood and requested the default order. The Commission, therefore, finds 31 Haldeman to be in default and enters the following findings 0f fact, conclusions of law and 32 order, based on the files and records of the Commission concerning this matter. 33 FINDINGS OF FACT 34 1. Haldeman has not been licensed by the Commission. Haldeman applied for a Student 35 Teaching program on October 4, 2010. At the time of her application, she was enrolled at 36 Portland State University. PAGE 1-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY — HALDEMAN, JENNIFER CARRIE l 2. On October 4, 2010 the Commission received Haldeman’s PA-l Student Teacher or Practicum 2 Report application to begin your student teaching program. On September 29, 2010, Haldeman 3 signed the character questions on her PA-1 application for Student Teaching. 4 3. Haldeman answered “yes” t0 question #8 “Have you ever been convicted 0r been granted 5 conditional discharge by any court for: (a) any felony; (b) misdemeanor; or (c) any major traffic 6 violation, such as: driving under the influence of intoxicants or drugs; reckless driving; fleeing from 7 or attempting to elude a police officer; driving while your license was suspended, revoked, or used in 8 violation of any license restriction, or failure t0 perform the duties of a driver or witness t0 an 9 accident?” Haldeman disclosed her 2009 arrest for DUII. In her explanation she stated that she 10 completed a diversion program and the charges were expunged. 11 4. Haldeman failed to disclose that in addition to her arrest and conviction for DUII, she was 12 also convicted of two counts of criminal Reckless Endangerment. The two counts of 13 Reckless Endangerment stem from Haldeman’s arrest for the DUII in April of 2009, when 14 her 8 year old twin sons were in the car with her. Haldeman was also arrested for Hit and 15 Run (vehicle/ property) but that charge was later dismissed. 16 5. On February 8, 2009, Haldeman was convicted of Theft in the 2nd Degree. In Haldeman’s 17 explanation she stated that she was charged with theft following her breaking into her own home to 18 retrieve items during the course of a domestic dispute. Haldeman’s conviction for theft stemmed 19 from a December 11, 2008 incident where she shoplifted items from a grocery store. Haldeman was 20 placed on 18 months bench probation for this incident. 21 CONCLUSIONS 0F LAW 22 Haldeman’s conduct described above constitutes gross neglect of duty in violation of 23 ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use 24 professional judgment); and OAR 584-020-0040(4)(c) (Knowing falsification of any document 25 or knowing misrepresentation directly related to licensure, employment, 0r professional 26 duties). This conduct also constitutes Gross Unfitness in violation of ORS 342.175(1)(c); OAR 27 584-020-0040(5)(c) (Conviction of violating any federal, state, or local law.A conviction 28 includes any final judgment of conviction by a court whether as the result of guilty plea, no 29 contest plea or any other means), and OAR 584-020-0040(5)(e)(Admissi0n of or engaging in 3O acts constituting criminal conduct, even in the absence of a conviction). 31 The Commission’s authority to impose discipline in this matter is based upon ORS 32 342.175. 33 PAGE 2-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY — HALDEMAN, JENNIFER CARRIE l FINAL ORDER 2 The Commission hereby suspends Jennifer Carrie Haldeman’s right to apply for a 3 teaching license in Oregon for a period of thirty (30) days, to begin upon the date this order is 4 signed and in effect. _ Wt 5 IT IS SO ORDERED THIS day of February, 2012. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 8 c 9 By: M 10 Victoria Ch ain, Executive Director 1 l 12 13 l4 NOTICE OF APPEAL OR RIGHTS 15 l6 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE l7 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 18 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO l9 THE OREGON COURT OF APPEALS. PAGE 3—DEFAULT ORDER OF SUSPENSION 0F RIGHT TO APPLY - HALDEMAN, JENNIFER CARRIE I 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: Jennifer Carrie Haldeman 1 Jefferson Pkwy Apt 158 Lake Oswego, Oregon 97035 Dated this £7 ’ day of February, 2012. By: ./ Pa 1ddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— HALDEMAN, JENNIFER CARRIE