1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON i In the Matter of the Educator License of ) DEFAULT ORDER OF 5 DORE’ ANN JAEGER ) REVOCATION OF RIGHT TO 6 ) APPLY g On February 22, 2013, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Dore’ Ann Jaeger (J aeger) in which the Commission 10 charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail and U.S. 11 Certified Mail Receipt 7011 2000 0001 1292 0226 to the address on file with the Commission. The 12 Notice designated the Commission file as the record for purposes of proving a prima facie case. The l3 Certified Mail receipt was returned, unclaimed to the Commission on February 26, 2013. The regular 14 mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated February 22, , 15 2013, and signed by Victoria Chamberlain, Executive Director, stated: i l6 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, i 17 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 1 18 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF t 19 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE l 20 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE ' 21 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 23 Jaeger did not request a hearing. The Commission, therefore, finds J aeger to be in default and enters 24 the following findings 0f fact, conclusions of law, and final order, based on the files and records of 25 the Commission concerning this matter. 26 FINDINGS 0F FACT 27 1. Dore’ Ann Jaeger has been licensed by the Commission since October 9, 1986. Jaeger’s Basic 28 Teaching License, with endorsements in Basic Mathematics (019), and Basic Elementary (014), 29 was issued April 3, 2009, and expired on April 2, 2012. 30 2. On October 6, 2011, J aeger was found guilty except for insanity and was subsequently convicted 31 of two counts of Arson in the First Degree (ORS 164.325) a class A felony, and one count of 32 Recklessly Endangering Another Person (ORS 163.195) a class A misdemeanor. Jaeger was 33 sentenced to the statutory maximum for each count, to run concurrently and not t0 exceed 20 34 years, to be served in commitment to a state mental hospital. 35 3. Jaeger’s conviction arose from allegations that on May 3o, 2011, J aeger attempted to commit 36 suicide by setting fire to her duplex residence, which was also occupied by other persons. 3 7 i 3 8 PAGE 1-DEFAULT ORDER OF REVOCATION OF LlCENSURE- JAEGER, DORE ANN 1 CONCLUSIONS 0F LAW 2 J aeger’s convictions constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 3 584-020-004o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); and 4 OAR 584-020-004o(1)(gg) (ORS 164.325 — Arson in the First Degree). This conduct also constitutes 5 gross unfitness in violation of ORS 342.175(1)(c); OAR 584-02o-oo4o(5)(e) (Admission of or 6 engaging in acts constituting criminal conduct, even in the absence of a conviction). Pursuant to 7 ORS 342.175(2)(a) and OAR 584-020-0040(1) the Commission will deny, revoke or deny the right t0 8 apply for a license or charter school registration to any applicant or educator who, has been 9 convicted of any of the crimes listed in ORS 342.143. 10 Furthermore, the conduct underlying J aeger’s convictions constitutes gross neglect of duty in 1 1 violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-001o(5) 12 (Use professional judgment); OAR 584-020-0040(4)(k) (knowing violation of any rule or order of 13 the Commission); OAR 584-020-004o(3)(a) (Has been convicted of a crime not listed in section (1) 14 of this rule, if the Commission finds that the nature of the act or acts constituting the crime for 15 which the educator was convicted render the educator unfit to hold a license)(ORS 163.195 16 Recklessly Endangering), and OAR 584-020-0040(4)(o) as it incorporates OAR 584-020- 17 0035(3)(a)(Maintain the dignity of the profession by respecting and obeying the law, exemplifying 18 personal integrity and honesty). The conduct underlying Jaeger’s convictions also constitutes “gross 19 unfitness” in violation of ORS 342.175(1)(c); OAR 584-02o-oo4o(3)(a) and (d) as defined by OAR 20 584-020-0040 (5) (“Gross unfitness is any conduct which renders an educator unqualified to 21 perform his or her professional responsibilities”). 22 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 23 FINAL ORDER 24 The Commission hereby revokes Dore’ Ann J aeger’s right to apply for an educator license. 25 IT IS SO ORDERED THIS [cl ‘HE day of June, 2013. 26 TEACHER STANDARDS AND PRACTICES COMMISSION MM 27 By: 28 Victoria Chamberlain, Executive Director 33 31 32 PAGE 2-DEFAULT ORDER OF REVOCATION OF LlCENSURE- JAEGER, DORE ANN l NOTICE OF APPEAL OR RIGHTS 2 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 4 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 5 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 6 THE OREGON COURT OF APPEALS. l PAGE 3-DEFAULT ORDER OF REVOCATION OF LICENSURE- JAEGER, DORE ANN CERTIFICATE OF MAILING l hereby certify that l 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: Dore’ Ann Jaeger C/O Oregon State Hospital 2600 Center St NE Salem, OR 97310 Dated this 19H" day of June, 2013. By: I P Liddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— JAEGER, DORE ANN