1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License 0f ) PUBLIC REPRIMAND 6 NICOLE LYNN LASSEN-MACE ) 7 8 9 On April 25, 2017, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing t0 Nicole Lynn Lassen-Mace (Lassen-Mace ) in 1 1 which the Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. 12 First Class Mail and U.S. Certified Mail Receipt 7016 0750 0000 2419 1522 to the address 13 on file with the Commission. The Notice designated the Commission file as the record for 14 purposes of proving a prima facie case. The Certified Mail receipt was returned to the 15 Commission as unclaimed. The first class mail was not returned to the Commission. The 16 Notice 0f Opportunity of Hearing, dated April 25, 2017, and signed by Monica Beane, 17 Executive Director, stated: l8 “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.” 25 26 Lassen-Mace did not request a hearing. The Commission, therefore, finds Lassen-Mace to 27 be in default and enters the following findings of fact, conclusions of law, and final order, 28 based on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Lassen-Mace has been licensed by the Commission since June 24, 2015. Lassen- 31 Mace held an Initial Teaching License, with endorsements in English for Speakers of 32 Other Languages (ML/ HS, ECE/ELE L) and Multiple Subjects Self-Contained (ECE, 33 ELE), valid from June 24, 2015, through December 24, 2016. During all relevant 34 times, Lassen-Mace was employed by the Klamath County School District (KCSD). 35 2. On April 29, 2016, the Commission was notified by the Klamath County School District 36 (KCSD) that Lassen-Mace may have violated professional standards by failing to provide 60 PAGE 1-DEFAULT ORDER OF PUBLIC REPRIMAND - NICOLE LYNN LASSEN-MACE 1 days’ written notice of resignation as required by contract and Oregon state law ORS 2 342.5530). Subsequent investigation determined the following: 3 a. On July 2, 2015, Lassen-Mace signed a contract with the KCSD t0 provide 4 teaching service for the 2015-2016 school year. On April 11, 2016, Lassen-Mace 5 signed a KCSD Separation of Employment form indicating that Lassen-Mace was 6 resigning her employment effective April 29, 2016. Lassen-Mace was advised 0f 7 the requirement to provide 60 days’ written notice as detailed in the contract and 8 state law. Lassen-Mace informed KCSD that she no longer intended to teach in a 9 position that required licensure, and she was unable t0 provide the requested 60 10 days’ written notice. 11 CONCLUSIONS OF LAW 12 Nicole Lynn Lassen-Mace engaged in unprofessional conduct as described above. 13 Lassen-Mace failed t0 complete her contract and failed t0 provide the required 60 days’ 14 written notice of resignation This conduct constitutes Gross Neglect of Duty in violation of 15 ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) 16 (Use professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and 17 reasonable rules and regulations); and OAR 584-020-0040(4)(j) (Resignation from a 18 contract in violation of ORS 342.553). l9 20 The Commission’s authority to impose discipline in this matter is based upon ORS 21 342.175. 22 FINAL ORDER 23 The Commission hereby issues a Public Reprimand upon Nicole Lynn Lassen-Mace’s 24 Educator licensure. 25 4k 26 IT 1s s0 ORDERED THIS '7 'day of June, 2017. 27 //// 28 //// PAGE 2-DEFAULT ORDER OF PUBLIC REPRIMAND - NICOLE LYNN LASSEN-MACE l TEACHER STANDARDS AND PRACTICES COMMISSION 2 By: i i ‘L t 3 Dr. Monica Beane, Executive Director 4 5 NOTICE OF APPEAL OR RIGHTS 6 7 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 8 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM 9 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 10 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF PUBLIC REPRIMAND - NICOLE LYNN LASSEN-MACE