BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF ‘THE STATE OF OREGON

In the Matter of the )

Teaching License of ) DEFAULT ORDER

JANICE MARIE CUNNINGHAM ) REVOKING LICENSE

)

On or about March l4, 1997, the Teacher Standards and Practices Commission received information

from Lincoln County School District, indicating that Janice Marie CunniNgham may have altered her

Oregon Teaching License. The TSPC investigation revealed that the license was fraudulent. On May

16, 1997, the Commission found sufficient evidence that Cunningham had violated TSPC Standards.

The Executive Secretary notified Ms. Cunningham of the Commission’s action and of her opportunity

for hearing. The notice, dated May 28, 1997, and signed by David V. Myton, Executive Secretary,

stated:
"You, Janice Marie Cunningham, are entitled to a hearing on the proposed sanction of
your teaching license. If you desire a hearing, you must notify the Executive
Secretary of the Commission, in writing, within 21 days of the date of this notice."

The notice of opportunity for hearing was sent by U.S. Certified Mail, Return Receipt Requested to

Cunningham’s attorney, Mark Toledo on May 28, 1997. Toledo did not request a hearing for his

client.

FINDINGS OF FACT

l. Janice Marie Cunningham holds a Substitute Teaching License valid from February 10, 1995
to July 16, 1998.

2. Janice Marie Cunningham violated OAR 584-20-040(4)(c) on or about December 29, 1994, on
her application for License Authorizing Public School Service Form C-l. Cunningham
knowingly misrepresented her education when she falsely stated that she earned a Master's
Degree in Special Education from Portland State University in 1975.

3. Cunningham violated OAR 584-20-040(4)(c) on or about July 3, 1995 on her application for
employment with the Lincoln County School District. Cunningham knowingly misrepresented
her education when she falsely stated that she earned a Master’s Degree in Special Education
from Portland State University in 1975. l

1

4. Cunningham violated OAR 584-20-040(5)(b) on or about September 15, 1995, when she
presented a fraudulent Teaching License to the Lincoln County School District for contractual
employment.

5. Cunningham violated 5 84-20-035(2)(a) on or about July 3, 1995, when she applied for a
contractual teaching position and subsequently accepted a position for which she lacked
professional qualification; a Teaching License with Basic Handicapped Learner endorsement.

, PAGE 1-—PROPOSED ORDER-JANICE MARIE CUNNINGHAM

ULTIMATE FINDINGS OF FACT
Cunningham violated 584-20-035(3)(a) in the commission of each of the acts listed above by failing to
"maintain the dignity of the profession by respecting and obeying the law, exemplifying personal
integrity and honesty."
CONCLUSIONS OF LAW
Cunningham’s conduct constitutes gross neglect of duty and gross unfitness in violation of OAR 584-
20-040 (3)09), (4)(°) an(1(5)(b)-
ORDER
The Commission revokes the Oregon Substitute Teaching License #292394, issued to Janice Marie
Cunningham, for gross neglect of duty and gross unfitness.
41/
Dated this /5\ day of \7/ , 1997.
TEACHER STANDARDS AND PRACTICES COMMISSION
By: i I“
David V. Myton, Exec tive Secretary
NOTICE OF APPEAL OR RIGHTS
YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE
OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482
TO THE OREGON COURT OF APPEALS. ‘
DVM/cs l
_ , PAGE 2--PROPOSED ORDER-JANICE MARIE CUNNINGHAM

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me as
such by U.S. Certified Mail with Return Receipt Requested to attorney for Janice Marie Cunningham:
MARK TOLEDO
BENNETT, HARTMAN, REYNOLDS AND WISER
851 SW 6TH, SUITE 1600
PORTLAND OR 97204-1376
Dated this [fiéaay of Q g2 é} » , 1997.
/'
>/ "
. / ,7 / _
By: _. ' I’ ' "' /Q.( 127350J
C rlene A. Smith /
Secretary to the Commission
. PAGE 3--PROPOSED ORDER-JANICE MARIE CUNNINGHAM