1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF SUSPENSION 5 PATTY DIANNE McRAE ) AND PROBATION 6 On or about June 14, 2004, the Teacher Standards and Practices Commission 7 (Commission) received a complete application for renewal of licensure from Patty 8 Dianne McRae (McRae) in which she responded "no" to all character questions. A 9 fingerprint inquiry and response from the Oregon State Police revealed that on 1O March 26, 2004, Ms. McRae was arrested by the Oregon State Police for Driving Under 11 the Influence of Intoxicants and Recklessly Endangering and that the case was pending 12 in Linn County Circuit Court. 13 After review of the matters alleged, Ms. McRae and the Commission agree that .14 their respective interests, together with the‘ public interest, are best served by a 15 stipulation to certain facts and the imposition of a ninety (90) days suspension of 16 licensure followed by a three (3) year period of probation upon reinstatement of 17 licensure. 18 This Order sets forth the facts upon which the parties have agreed and the 19 sanction to be imposed. Ms. McRae stipulates that there are sufficient facts contained 20 in the Commission's files and records to support the findings of fact and conclusions of ‘ 21 law set forth below. In entering into this stipulation, Ms. McRae waives the right to a 22 hearing to contest the findings of fact, conclusions of law and Order set forth below. 23 Ms. McRae understands that the probation will be subject to specific conditions. 24 This stipulation is contingent upon approval and adoption of the Order by the ‘5 Commission. If the Commission does not adopt this Order, neither Ms. McRae nor the Page 1 STIPULATION 0F FACTS, ORDER OF SUSPENSION AND PROBATION - McRAE - GENP2850.doc I 1 Commission are bound by these stipulations and Ms. McRae retains all rights to a I '2 hearing on the allegations. I 3 STIPULATION OF FACTS 4 1. Ms. McRae has been licensed by the Commission since September 22, 1988. I 5 Ms. McRae holds an Initial Teaching License with Communication Disorders and 6 Special Education Endorsements, issued July 13, 2004, valid through April 24, 2008. I 7 2. Ms. McRae is employed by the Corvallis School District and has been since I 8 September 22, 1998. I 9 3. On June 14, 2004, Ms. McRae signed and submitted an application for 1O renewal of licensure. Ms. McRae made a false statement on her application for renewal I 11 of a teaching license when she responded "no" to the character question “Have you I 12 ever been arrested or cited for any offense listed in question (8) above which is still I 13 pending in the court?" Ms. McRae failed to disclose that on May 18, 2004, she was I '14 charged with DUII and Recklessly Endangering Another Person, and the case was still 15 pending in Linn County Circuit Court. 16 4. On October 21, 2004, Ms. McCrae was convicted in Linn County Circuit Court I 17 for DUII. She was sentenced to 96 hours in jail and placed on probation for 36 months. . 18 5. On October 20, 2005, Ms. McCrae was convicted in Benton County Circuit 19 Court of one count of Failure to Perform the Duties of a Driver, one count of DUII, one I 20 count of Recklessly Endangering Another, and one count of Assault in the Fourth 21 Degree, a Class A Misdemeanor. She was sentenced to 20 days in jail for on the 22 Failure to Perform charge, 10 days in jail on the DUII charge, 10 days in jail on the 23 Recklessly Endangering charge, and ten days on the Assault charge. She was also I ‘4 placed on probation for 36 months. I Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - McRAE - , GENP2850.doc . 1 .2 It IS so STIPULATED: _ 3 "oil #14,.- Il u .> (.311/ 5 , M 5- - ‘ 6 ictoria C rlain, Executive Director Date 7 Teacher Standards and Practices Commission 8 CONCLUSIONS 0F LAW 9 1. Patty Dianne McRae knowingly misrepresented her arrest on her application 10 for an Oregon Teaching License. This constitutes Gross Neglect of Duty in 11 violation of OAR 584—020-0040(4)(c). 12 2. Ms. McCrae was convicted of crimes in 2004 and in 2005. These convictions 13 constitute Gross Unfitness in violation of OAR 584-01-020-0040(5)(c). The 14 Commission’s authority to impose discipline in this matter is based upon ORS .5 342.175. 16 ORDER 17 Patty Dianne McRae‘s Initial Teaching License is suspended for a period of 18 ninety (90) days effective the date of this signed Order. At the end of this suspension 19 period, Ms. McRae‘s Initial Teaching License will be reinstated upon the following 20 conditions of probation: 21 1. Ms. McRae shall, at her own initiative and expense, continue to obtain 22 treatment for her alcohol dependency as recommended by her alcohol treatment I 23 provider and abstain from the consumption of alcohol; I 24 2. During the period of this probation, Ms. McRae shall submit to the Executive 25 Director of the Commission reports of her compliance with the aftercare treatment plan. . Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - McRAE — GENP2850.doc 1 Ms. McRae shall provide these reports every six (6) months during her probation, on or .2 before: May 4, 2006; November 4, 2006; May 4, 2007; November 4, 2007; May 4, 2008; 3 November 4, 2008; May 4, 2009; and November 4, 2009. 4 3. Ms. McRae shall report in writing within ten days t0 the Executive Director of 5 the Commission any arrest or citation for any felony, misdemeanor, major traffic 6 violation or violation of this probation; and 7 4. Ms. McRae shall comply with the Standards for Competent and Ethical 8 Performance of Oregon Educators under Oregon Administrative Rules Chapter 584, 9 Division 020. 10 Violation of any term or condition of probation shall constitute an independent 11 basis for the Commission to revoke Ms. McRae‘s teaching license or othen/vise impose 12 discipline, after first providing Ms. McRae with notice and opportunity for hearing. 13 IT IS SO ORDERED this L day of? M , 2006. .14 TEACHER STANDARDS AND PRACTICES COMMISSION 15 16 BX: é Mi; Iwuégt‘ 17 ictoria Ch In, Executive irector 18 19 Appr as r . : 20 g 2 2%; T 21 S. Arms, OSB#O1018 22 Attorney for Patty Dianne McRae 23 . Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - McRAE - GENP2850.doc