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 0f ) FINAL ORDER OF PULBIC
g PAMELA COLLEEN BYERS l REPRIMAND AND PROBATION
7 On or about October 3, 2013, the Teacher Standards and Practices Commission
8 (Commission) received information from the National Association of State Directors of
9 Teacher Education and Certification (NASDTEC), regarding Pamela Byers (Byers). The
10 resulting investigation determined that Byers failed to answer a character question on
1 1 her Commission application accurately.
12 After review of the matters alleged, Byers and the Commission agree that their
1 3 respective interests, together with the public interest, are best served by a stipulation to
14 certain facts and the imposition of a Public Reprimand and two years of Probation.
15 This Order sets forth the facts upon which the parties have agreed and the
16 sanction to be imposed. Byers stipulates that there are sufficient facts contained in the
17 Commission’s files and records to support the findings of fact and conclusions of law set
18 forth below. In entering into this stipulation, Byers waives the right to a hearing to
19 contest the findings of fact, conclusions of law and order set forth below.
2D By signing below, Byers acknowledges, understands, stipulates, and agrees to the
21 following: (i) she has been fully advised of her rights to notice and a hearing to contest
22 the findings of fact, conclusions of law, and order set forth below, and fully and finally
23 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
24 Facts and Final Order of Public Reprimand and Probation (Stipulation and Final Order);
25 (ii) this Stipulation and Final Order is a public document and disclosed to the public
26 upon request by the Commission; (iii) this Stipulation and Final Order is contingent
27 upon and subject to approval and adoption by the Commission. If the Commission does
28 not approve and adopt this Stipulation and Final Order, then neither Byers nor the
29 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and
3O Final Order, and understands it completely; (v) she voluntarily, without any force or
31 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
32 the Stipulated Final Order below; (vi) she states that no promise or representation has
33 been made to induce her to sign this Stipulation and Final Order; and (vii) she has
34 consulted with an attorney regarding this Stipulation and Final Order and has been fully
35 advised with regard to her rights thereto, or waives any and all rights to consult with an
Page 1 STIPULATION 0F FACTS AND FINAL ORDER OF PUBLIC REPRIMAND AND PROBATION -
PAMELA COLLEEN BYERS

1 attorney prior to entering into this Stipulation and Final Order and issuance and entry of
2 the stipulated Final Order below.
3 STIPULATION OF FACT S
4 1. The Commission has licensed Byers since November 12, 1981. Byers’ license
5 lapsed in 1986. Byers’ Basic Teaching License, with an endorsement in Basic
6 Music (018), is valid from January 31, 2012, through January 28, 2016.
7 2. 0n October 3, 2013, Byers’ file was referred to investigations to review
8 information received from the National Association of State Directors of Teacher
9 Education and Certification (NASDTEC). NASDTEC reported an investigation
1O and disciplinary action taken by the State of Idaho against Byers’ Idaho teaching
1 1 license.
12 3. Commission investigation determined the following timeline of events:
13 ~ March 1o, 2011 - Byers was made aware of investigation by Idaho DOE.
14 . January 12, 2012 — TSPC received Byers’ C-1 Application for licensure.
15 Byers answered “No” to all Character Questions.
16 e J anuaiy 25, 2013 —Byers signed the Idaho Stipulation and Consent Order
1 7 that went into effect on April 4, 2013; and Idaho reinstated Byers’ Idaho
18 teaching license in December 2013.
1 9 The Commission investigation concluded that at the time Byers signed and
2O submitted her application to the Commission, Byers was aware of and subject to
21 the misconduct investigation ongoing in Idaho, and the proper answer for
22 character question number two should have been “Yes”.
23 / / /
24 / / /
25 / / /
26 IT IS SO STIPULATED:
g; ‘.lfll!‘ I if!!!” c’ (A W
29 ' . \- a t 1 . Dat
a with/M, M
32 Victoria C ‘Fl’. erlain, Executive Director Date
33 Teacher Standards and Practices Commission
34
35
36
Page 2 STIPULATION OF FACTS AND FINAL ORDER OF PUBLIC REPRIMAND AND PROBATION —
PAMELA COLLEEN BYERS

7 ————___

1
2 CONCLUSION 0F LAW
3 The conduct described above constitutes gross neglect of duty in violation of ORS
4 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584~o20-0010(5) (Use
5 professional judgment); and OAR 584-o2o-oo4o(4)(c)( Falsrfication of any document
6 or knowing misrepresentation directly related t0 licensure, employment, or
7 professional duties).
8 The Commission's authority t0 impose discipline in this matter is based upon
9 ORS 342.175.

1 0 ORDER

1 1 Based on the foregoing, the Commission hereby orders as follows:

12 1. The Commission adopts and incorporates herein the above findings of fact and

13 conclusions of law, and based thereon, imposes a Public Reprimand on

14 Pamela Colleen Byers’ Educators License;

1 5 2. Byers is hereby placed on probation for a period of two (2) years from the date

16 this order is signed by the Commission subject to the following conditions:

17 a. Byers shall comply with the Standards for Competent and Ethical

18 Performance of Oregon Educators under Oregon Administrative Rules

1 9 Chapter 584, Division 020.

2O Violation of any term or condition of probation shall constitute an independent basis

21 for the Commission to revoke Byers’ teaching license, revoke her right to apply for a

22 license, or otherwise impose discipline, after first providing Byers with notice and

23 opportunity for hearing.

24 SW ,

25 Issued and dated thisL day 0%, 20 A

26

27 TEACHER STANDARDS AND PRACTICES COMMISSION

28 STATE OF OREGON

29 , .

3O B

31 Victoria Chamberlain, Executive Director

Page 3 STIPULATION OF FACTS AND FINAL ORDER OF PUBLIC REPRIMAND AND PROBATION —
PAMELA COLLEEN BYERS

CERTIFICATE OF MAILING

I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Public
Reprimand and Probation, cenified by me as such, by mailing U.S. First Class Mail and U.S. Certified
Mail — Return Receipt Requested, addressed to:

Pamela Colleen Byers

77618 Valen Loop

Enterprise, OR 97828-5113

. yA
DATED llllS 1) 'day ofJuly, 2015.
By: . ‘ 9%01." f "
ty Liddell
Investigative Assistant

Certificate of Mailing ~ Pamela Colleen Byers
Data Classification Level: Either 2- Published or 3 — Confidential
DO: Liddell