1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

g OF THE STATE OF OREGON

g In the Matter of the )

6 Teaching License of ) STIPULATION OF FACTS

7 Brenda Lee Winger ) AND ORDER OF REPRIMAND

3 ’ _
10 On or about February 13, 2002, the Teacher Standards and Practices
11 Commission (Commission) received a complete application for renewal of a Standard
12 Teaching License from Brenda Lee Winger (Winger). Ms. Winger reported on an
13 Application for Educator License Form C-1, requesting renewal, that she was convicted
14 of Shoplift l in Municipal Court, Eugene, Oregon, on May 11, 1999.
15 Ms. Winger fully cooperated with all aspects of the Commission's investigation of
16 this matter. After review of the facts in this matter. Ms. Winger and the Executive I
17 Director agree that their respective interests, together with the public interests. are best
18 sewed by a stipulation to certain facts and a public reprimand of Ms. Winger in this
19 matter. This Order sets forth the facts upon which the parties have agreed and the
20 sanction to be imposed. In entering into this stipulation, Ms. Winger waives the right to
21 a hearing to contest the findingsot fact, conclusion of law and order set forth below.
22 ' FINDINGS OF FACT
23 1. On or about March 15. 1996, the Commission issued a Standard Teaching
24 License to Brenda Winger. Ms. Winger‘s Standard Teaching License expired on
25 January 25, 2002.
26 2. Ms. Winger is employed as an elementary school teacher for the Bethei School
27 District.

i 28 3. On or about May 11, 1999, Brenda Winger was convicted of violating §4.825(2)
29 of the Eugene Municipal Code (Shoplitt I) in Municipal Court for the City of Eugene.
Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND - WINGER

1 Lane County, Oregon (case #098-26551). The Court ordered imposition of sentence
. 2 suspended and placed her on probation for one year. Ms. Winger was assessed $470

3 in fines and required continued counseling during probation.
4 4. Ms. Winger has successfully completed all of the court's sentencing
5 requirements, in addition to voluntarily undertaking additional professional counseling.
6 5. Ms. Winger provided the Commission with information indicating that this was an
7 isolated occurrence caused by the stress and anxiety from the deaths of several family
8 members within a short period of time. and the Commission has also received evidence
9 indicating that Ms. Winger has no mental health problems that would detract from

10 meeting any of her professional responsibilities or from her competence to perform all

11 job duties as a teacher.

12 6. Ms. Winger has no prior or subsequent criminal convictions.

' ’ 13 This stipulation is contingent upon approval and adoption of the Order by the

14 Commission. If the Commission does not adopt this Order, neither Winger nor the

15 Commission are bound by these Stipulations and Winger retains all rights to a hearing

16 on the allegations.

17 IT IS SO STIPULATED: _

18 “thwarts £11251 ea. _.

19 Br a Lee Winger Date

20 ééM Qé%gtl£ 312ml

21 David V. Myton, xecutiv irector Date

22

23 CONCLUSION 0F LAW ‘

24 Ms. Winger's conviction for Shoplitt I, constitutes Gross Unfitness as defined in

25 OAR 580-020-0040(5)(c). The Commission's authority to impose discipline in this

' 26 matter is based upon ORS 342.175(1)(c).
Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND - WINGER

. . H. -W- M“ av>vv h... vvv v4 u vivv t.“ c in“ Q1004
' I
1 ORDER
‘ 2 The Commission adopts the above Stipulation of Facts and imposes Public

3 Reprimand for conviction of Shoplift I. This Order shall serve as the Public Reprimand.
4 The Commission authorizes issuance of a Standard Teaching License to Ms. Winger
5 subject to all standard terms. conditions, endorsements or authorization thereon.
a Dated this l Z i“ day of May 2002. '
7 TEACHER STANDARDS AND PRACTICES COMMISSION
8 Q’ .
9

10 By: J'P‘

11 David V. Myton, Executive irector

12 Approved as to form:

\

13 924 s %

14 Daniel J. Stotter OSB# 91109 [0415021

15 Bahr 8t Stotter Law Offices. P.C.

. 16 Attorney for Brenda Lee Winger
17 t
18
Page a STIPULATION OF FACTS AND ORDER OF REPRIMAND - WINGER