,. 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION it g OF THE STATE OF OREGON g In the Matter of the ) 6 Teaching License of ) STIPULATION OF FACTS, 7 WENDY ANN McFARLAND ) ORDER OF REPRIMAND AND 8 ) PROBATION 9 10 On or about June 26, 2001, the Teacher Standards and Practices Commission 11 (Commission) received an application for a Transitional Teaching License from Wendy Ann 12 McFarland. Ms. McFarland reported on in the character question section of Application for 13 Educator Licensure Form C-1 that she was convicted of a crime (number 8 )and that she pled 14 guilty 0r No Contest relative to a crime (number 10). Ms. McFarland provided extensive 15 documentation indicating that she was convicted for the crime of DUII on April 15, 1986; DUII on 16 May 17, 1989; DUII on December 15, 1992; and DUII on September 25, 1996. After review of 17 the facts in this matter, Ms. McFarland and the Executive Director agree that their respective '18 interests, together with the public interests, are best served by a stipulation to certain facts, a 19 reprimand followed by a probation of four (4) years 20 This Order sets forth the facts upon which the parties have agreed and the sanction to 21 be imposed. In entering into this stipulation, Ms. McFarland waives the right to a hearing to 22 contest the findings of fact, conclusion of law and order set forth below. Ms. McFarland 23 understands that the Commission will impose a four (4) year probation with specific conditions. 24 This stipulation is contingent upon approval and adoption of the Order by the 25 Commission. If the Commission does not adopt this Order, neither Ms. McFarland nor the 26 Commission are bound by these Stipulations and Ms. McFarland retains all rights to a hearing 27 on the allegations. 28 STIPULATION OF FACTS 29 1. On or about June 26, 2001, The Commission received an application for a Transitional 3O Teaching License from Wendy Ann McFarland. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MCFARLAND . 1 2. Ms. McFarland currently holds a California Teaching License valid July 1, 2000 to July 1, 2 2005. The California Commission Teacher Credentialing investigated all four of Ms. 3 McFarland’s convictions and recommended no adverse action on or about September 27, 4 2000. 5 3. On or about April 15, 198G, Ms. McFarland was convicted of driving under the influence of 6 alcohol in Superior Court for Ventura County California. 7 4. On or about May 17, 1989, Ms. McFarland was convicted of driving under the influence of 8 alcohol in Superior Court for Santa Clara County California. 9 5. On or about December 15, 1992, Ms. McFarland was convicted of driving under the 1O influence of alcohol in Stockton Municipal Court, County of Joaquin, State of California. 11 6. On or about September 25, 1996. Ms. McFarland was convicted of driving under the 12 influence of alcohol in San Luis Obispo County Municipal Court for the State of California. 13 7. Ms. McFarland has no prior or subsequent criminal convictions. .14 8. Ms. McFarland acknowledges that she suffers from the disease of alcoholism. 15 IT/IS SO STIPULATED: 16 4/4fiéé £41. 4 222% tag i'éTQZ 17 Wen n McFarI nd Date 18 M QZ%~\~r-—~ 5/4! OZ 19 David V. Myt , Exec ive Director Date 20 21 CONCLUSION OF LAW 22 McFarlands criminal convictions for Driving Under the Influence on April 15, 1986; May 23 17, 1989; December 15, 1992; and September 25, 1996 constitutes Gross Unfitness as defined 24 in OAR 580-020-0040(5)(c). 25 ORDER 26 The Commission adopts the above Findings of Fact and orders a Public Reprimand for .27 convictions of the crimes of Driving Under the Influence. Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - MCFARLAND . 1 The Commission authorizes issuance of a Transitional Teaching License to Wendy Ann 2 McFarland subject to all standard terms and conditions and subject to the following special 3 terms of probation: 4 1. The Commission places Ms. McFarland on a four (4) year probation to commence the 5 issuance date of a Transitional Teaching License. 6 2. The probation shall remain in effect subject to the following conditions: 7 a. Ms. McFarland shall conduct herself as a law-abiding citizen; 8 b. Ms. McFarland shall report in writing within ten days to the Executive Director of the 9 Commission any arrest or citation for any felony, misdemeanor, major traffic 1O violation; 11 c. Ms. McFarland shaII continue to maintain her sobriety and abstain from consumption 12 of alcohol; and 13 d. Ms. McFarland shall comply with the Standards for Competent and Ethical .14 Performance of Oregon Educators under OAR 584, Division 20. 15 Violation of any of the terms of probation shall constitute an independent basis for the 16 Commission to revoke Ms. McFarland’s teaching license or othen/vise impose discipline, after 17 first providing Ms. McFarland with notice and opportunity for hearing. 18 Dated this /Lf h’ day of September 2001. 19 TEACHER STANDARDS AND PRACTICES COMMISSION 3(1) Q ‘ e Z é '11?“ 22 By: 23 David V. Myton, Executive irector O Page 3 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATlON - MCFARLAND