1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the Educator ) DEFAULT ORDER OF 5 License 0f ) REVOCATION OF 6 ) RIGHT TO APPLY 7 DANA LYNN BROWN ) FOR AN EDUCATOR LICENSE 8 9 10 On April 25, 2017, the Teacher Standards and Practices Commission (Commission) l l issued a Notice of Opportunity for Hearing to Dana Lynn Brown (Brown) in which the 12 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First 13 Class Mail and U.S. Certified Mail Receipt 7016 0750 oooo 2419 1508 to the address on file 14 with the Commission. The Notice designated the Commission file as the record for purposes 15 of proving a prima facie case. The Certified Mail receipt was returned “Unclaimed” to the l6 Commission dated May 17, 2017. The first class mail was not returned t0 the Commission. 17 The Notice of Opportunity of Hearing, dated Apn'l 25, 2017, and signed by Monica Beane, 18 then Executive Director, stated: l9 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 20 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 23 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 24 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 25 YOUR LICENSE OR OTHER DISCIPLINE.” 26 27 0n May 15, 2017, Brown requested a hearing by letter. The hearings process was initiated 28 and on August 31, 2017, a pre-hearing conference was conducted. A hearing date of January 29 17, 2018, was established. On January 17, 2018, Commission staff and DOJ attorney 30 appeared for the scheduled hearing. Brown did not appear for the hearing. The Commission, 31 therefore, finds Brown to be in default and enters the following findings of fact, conclusions 32 of law, and final order, based on the files and records of the Commission concerning this 33 matter. 34 / / / 35 / / / 36 / / / 37 / / / PAGE 1—DEFAULT ORDER OF REVOCATION 0F RIGHT TO APPY FOR LlCENSURE- DANA LYNN BROWN 1 FINDINGS OF FACT 2 1. Brown has been licensed by the Commission since August 12, 1987. Brown 3 previously held a Basic Teaching License, with an endorsement in Basic Elementary 4 (014), valid from February 13, 2013, through April 28, 2016. Brown did not make 5 application for renewal. During all relevant times, Brown was employed by the 6 Klamath Falls City Schools District as a substitute teacher. 7 2. On February 12, 2015, the Commission received information from the Klamath Falls 8 City Schools indicating Brown may have committed acts which constitute gross 9 neglect of duty. The district reported Brown had been under the influence of alcohol 10 while she was on school grounds. Investigation determined that on February 10, 11 2015, at approximately 8:30 am, Principal Bartels, of Mills Elementary School, was 12 alerted by a patron that Brown was behaving strangely and might be intoxicated. 13 Bartels went to Brown’s kindergarten classroom to check on her. Bartels observed l4 that Brown was slurring her words, appeared shaky on her feet and she was not 15 engaging with her students. While Bartels escorted Brown to the office to discuss the 16 matter, another school administrator, Sandy Yazzie, observed that Brown was unable 17 to walk normally. 18 At Bartels’ office, Brown was interviewed by school officials. Bartels reported 19 smelling a strong scent of alcohol on Brown’s person as she spoke. Initially, Brown 20 denied being under the influence of alcohol. Later in the interview, Brown disclosed 21 that she had engaged in an argument with her boyfriend the prior evening. Brown 22 reported having trouble sleeping that night and began drinking alcohol at 23 approximately 1:00 am. It was determined that Brown was still under the influence 24 of alcohol and was not fit to continue teaching. Brown was relieved of her teaching 25 duties and elected to walk home. The district subsequently removed Brown from the 26 substitute teaching list, advising that the district would no longer employ Brown for 27 such services. 28 Commission investigators repeatedly attempted to communicate with Brown by 29 letter, voice mail, and via a message through Brown’s mother concerning the 30 Commission’s request for an official and required interview with Brown regarding 31 the incident. Brown failed to make contact with the investigator as requested. PAGE 2-DEFAULT ORDER 0F REVOCATION 0F RIGHT T0 APPY FOR LlCENSURE- DANA LYNN BROWN 1 CONCLUSIONS OF LAW 2 Dana Lynn Brown engaged in unprofessional conduct as described in section 3 two (2) above. Brown’s conduct constitutes gross neglect of duty in violation 0f ORS 4 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) 5 ( Use professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and 6 reasonable rules and regulations); OAR 584-020-004o(4)(g) (Appearing on duty or 7 at any district-sponsored activity while under the influence of alcohol or any 8 controlled substance); and OAR 584-020-0040(4)(p) (Subject to the exercise of any 9 legal right or privilege, failure 0r refusal by an educator under investigation to 10 respond to requests for information, to furnish documents or to participate in l1 interviews with a Commission representative relating to a Commission 12 investigation). 13 14 15 The Commission’s authority t0 impose discipline in this matter is based 16 upon ORS 342.175. l7 FINAL ORDER 18 The Commission hereby revokes Dana Lynn Brown’s Right to Apply for an 19 Educator License. 0' r 20 IT IS SO ORDERED THIS £5 ‘day 0f February, 2018. ‘ 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 By: z %' /Zfl% 23 Dr. Anthony Rosilez, Executive Director 24 25 NOTICE OF APPEAL OR RIGHTS 26 27 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 28 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 29 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 3O PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT To APPY FOR LlCENSURE- DANA LYNN BROWN 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the Educator ) DEFAULT ORDER OF 5 License 0f ) REVOCATION OF 6 ) RIGHT TO APPLY 7 DANA LYNN BROWN ) FOR AN EDUCATOR LICENSE 8 9 10 On April 25, 2017, the Teacher Standards and Practices Commission (Commission) l 1 issued a Notice of Opportunity for Hearing t0 Dana Lynn Brown (Brown) in which the 12 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First 13 Class Mail and U.S. Certified Mail Receipt 7016 0750 oooo 2419 1508 to the address on file 14 with the Commission. The Notice designated the Commission file as the record for purposes 15 of proving a prima facie case. The Certified Mail receipt was returned “Unclaimed” to the 16 Commission dated May 17, 2017. The first class mail was not returned to the Commission. 17 The Notice of Opportunity of Hearing, dated April 25, 2017, and signed by Monica Beane, 18 then Executive Director, stated: l9 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 20 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 23 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 24 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 25 YOUR LICENSE OR OTHER DISCIPLINE.” 26 27 0n May 15, 2017, Brown requested a hearing by letter. The hearings process was initiated 28 and on August 31, 2017, a pre-hearing conference was conducted. A hearing date of January 29 17, 2018, was established. On January 17, 2018, Commission staff and DOJ attorney 30 appeared for the scheduled hearing. Brown did not appear for the hearing. The Commission, 31 therefore, finds Brown to be in default and enters the following findings of fact, conclusions 32 of law, and final order, based on the files and records of the Commission concerning this 33 matter. 34 / / / 35 / / / 36 / / / 37 / / / PAGE 1—DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LlCENSURE- DANA LYNN BROWN 1 FINDINGS OF FACT 2 1. Brown has been licensed by the Commission since August 12, 1987. Brown 3 previously held a Basic Teaching License, with an endorsement in Basic Elementary 4 (014), valid from February 13, 2013, through April 28, 2016. Brown did not make 5 application for renewal. During all relevant times, Brown was employed by the 6 Klamath Falls City Schools District as a substitute teacher. 7 2. On February 12, 2015, the Commission received information from the Klamath Falls 8 City Schools indicating Brown may have committed acts which constitute gross 9 neglect of duty. The district reported Brown had been under the influence of alcohol 10 while she was on school grounds. Investigation determined that on February 10, 11 2015, at approximately 8:30 am, Principal Bartels, of Mills Elementary School, was 12 alerted by a patron that Brown was behaving strangely and might be intoxicated. 13 Bartels went to Brown’s kindergarten classroom to check on her. Bartels observed l4 that Brown was slurring her words, appeared shaky on her feet and she was not 15 engaging with her students. While Bartels escorted Brown to the office to discuss the 16 matter, another school administrator, Sandy Yazzie, observed that Brown was unable 17 to walk normally. 18 At Bartels’ office, Brown was interviewed by school officials. Bartels reported 19 smelling a strong scent of alcohol on Brown’s person as she spoke. Initially, Brown 20 denied being under the influence of alcohol. Later in the interview, Brown disclosed 21 that she had engaged in an argument with her boyfriend the prior evening. Brown 22 reported having trouble sleeping that night and began drinking alcohol at 23 approximately 1:00 am. It was determined that Brown was still under the influence 24 of alcohol and was not fit to continue teaching. Brown was relieved of her teaching 25 duties and elected to walk home. The district subsequently removed Brown from the 26 substitute teaching list, advising that the district would no longer employ Brown for 27 such services. 28 Commission investigators repeatedly attempted to communicate with Brown by 29 letter, voice mail, and via a message through Brown’s mother concerning the 30 Commission’s request for an official and required interview with Brown regarding 31 the incident. Brown failed to make contact with the investigator as requested. PAGE 2-DEFAULT ORDER 0F REVOCATION OF RIGHT TO APPY FOR LlCENSURE- DANA LYNN BROWN 1 CONCLUSIONS OF LAW 2 Dana Lynn Brown engaged in unprofessional conduct as described in section 3 two (2) above. Brown’s conduct constitutes gross neglect of duty in violation 0f ORS 4 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) 5 ( Use professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and 6 reasonable rules and regulations); OAR 584-020-004o(4)(g) (Appearing on duty or 7 at any district-sponsored activity while under the influence of alcohol or any 8 controlled substance); and OAR 584-020-0040(4)(p) (Subject to the exercise of any 9 legal right or privilege, failure 0r refusal by an educator under investigation to 10 respond to requests for information, to furnish documents or to participate in l1 interviews with a Commission representative relating to a Commission 12 investigation). l3 14 15 The Commission’s authority t0 impose discipline in this matter is based 16 upon ORS 342.175. l7 FINAL ORDER 18 The Commission hereby revokes Dana Lynn Brown’s Right to Apply for an 19 Educator License. 0' r 20 IT IS SO ORDERED THIS £5 ‘day 0f February, 2018. ‘ 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 By: z %' /Zfl% 23 Dr. Anthony Rosilez, Executive Director 24 25 NOTICE OF APPEAL OR RIGHTS 26 27 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 28 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 29 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 3O PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT To APPY FOR LlCENSURE- DANA LYNN BROWN