1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF SUSPENSION 2 AMY NICOLE ALDERMAN ) AND PROBATION , 7 On May 19, 2003, Amy Nicole Alderman (Alderman) notified the Teacher Standards and 8 Practices Commission (Commission) that on May 11, 2003, she consumed alcohol and was 9 arrested for Driving Under the Influence of lntoxicants in Multnomah County in violation of her 10 probation with the Commission to abstain from the consumption of alcohol during the three (3) 11 year term of probation as a condition of licensure. 12 On June 4, 2003, the Commission issued Notice of Opportunity of Hearing pursuant to 13 OAR 584-050-0015(2)(b). On June 22, 2003, Ms. Alderman requested a hearing regarding 14 disciplinary action in this matter. 15 After review of the matters alleged, Ms. Alderman and the Commission agree that their ‘ respective interests, together with the public interest, are best served by a stipulation to certain , 17 facts, a one (1) year suspension of her teaching license and a three (3) year probation upon 18 reinstatement of said licensure. 19 This Order sets forth the facts upon which the parties have agreed and the sanction to 20 be imposed. Ms. Alderman stipulates that there are sufficient facts contained in the 21 Commission’s files and records to support the findings of fact and conclusions of law set forth j 22 below. In entering into this stipulation, Ms. Alderman waives the right to a hearing to contest the ‘ 23 findings of fact, conclusions of law and order set forth below. Ms. Alderman enters into this 1 24 agreement with the knowledge that the Commission will suspend her teaching license for one I 25 (1) year. Ms. Alderman understands that the Commission will impose a three (3) year probation i 26 with specific conditions. j 27 This stipulation is contingent upon approval and adoption of the Order by the Q Commission. If the Commission does not adopt this Order, neither Ms. Alderman nor the Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALDERMAN 1 Commission are bound by these stipulations, and Ms. Alderman retains all rights to a hearing on ‘ the allegations. 3 STIPULATION 0F FACTS 4 1. On October 11, 2002, the Commission adopted a Stipulation of Facts, Order of 5 Suspension and Probation suspending Ms. Alderman’s right to apply tor an Oregon teaching 6 license effective August 29, 2002, for a period of six (6) months based on convictions for alcohol 7 related incidents and a failure to disclose a pending arrest for Driving Under the Influence of 8 lntoxicants on her licensure application. The Commission imposed a three-year probation with 9 terms and conditions upon issuance of a teaching license. 1O 2. On March 18, 2003, Ms. Alderman provided to the Commission evidence of 1 1 completion of alcohol dependency treatment and completed requirements pursuant to OAR 12 584-050-0015(3) regarding reinstatement of her right to apply for a teaching license. 13 3. On March 24, 2003, the Commission issued Ms. Alderman an Initial Teaching ‘ License valid until September 6, 2006. Upon issuance of her teaching license Ms. Alderman 15 was placed on a three (3) year probation with the Commission subject to special terms and 16 conditions. Q 17 4. On May 14, 2003, Ms. Alderman reported to the Commission that on May 11, 2003, 18 she was arrested for DUll after consuming alcohol at social event in Portland, Oregon. This 19 charge was dismissed in the Circuit Court for the State of Oregon for Multnomah County on 20 August 15, 2003. 21 5. Ms. Alderman continues to seek treatment for alcohol dependency. 22 IT IS SO STIPULATED: 23 QM 01/ II’PZ> 24 my icole Alderman Date 25 4 / ‘ 26 M%I¢/ a l; ‘Z-QX'fifi 27 Victoria ChaWn, Executi e Director Date ‘8 Teacher Standards and Pract ces Commission Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALDERMAN 1 CONCLUSIONS 0F LAW ‘ On or about May 11, 2003, Amy Nicole Alderman violated terms and conditions of 3 probation with the Commission pursuant to the Stipulation of Facts, Order of Suspension and 4 Probation adopted by the Commission on October 11, 2002. This behavior constitutes Gross 5 Neglect of Duty. By Driving Under the Influence of lntoxicants on May 11, 2003, Ms. Alderman 6 also engaged in criminal conduct a violation of OAR 584-020-0040(5)(e). This behavior 7 constitutes Gross Unfitness. The Commission's authority to impose discipline in this matter is 8 based upon ORS 342.175. 9 /// 10 /// 11 /// O O Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALDERMAN 1 ORDER ‘ The Commission adopts the above findings of fact and suspends the Initial Teaching 3 license of Amy Nicole Alderman for a period of one (1) year effective July 15, 2003. After the 4 end of the suspension period, and upon receipt of a complete application pursuant to . 5 OAR 584-050-0015(3), and fees, the Commission shall reinstate an Initial Teaching License to 6 Ms. Alderman subject to all standard terms and conditions. 7 Furthermore, the Commission imposes a three (3) year probation upon Ms. Alderman to 8 commence the date of issuance of said license and subject to the following terms and 9 conditions: 10 1. Ms. Alderman shall conduct herself as a law-abiding citizen; 11 2. Ms. Alderman shall report in writing within ten days to the Executive Director of the 12 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or 13 violation of criminal probation; . . 3. Ms. Alderman shall, at her own initiative and expense, continue to obtain treatment 15 for her alcohol dependency as recommended by her alcohol treatment provider and abstain 16 from the consumption of alcohol; 17 4. During the period of her probation, Ms. Alderman shall submit to the Executive 18 Director of the Commission reports of her compliance with the aftercare treatment plan. Ms. 19 Alderman shall provide these reports every six (6) months during her probation, on or before: 2O January 15, 2005; July 15, 2005; January 15, 2006; July 15, 2006; January 15, 2007; and July 21 15, 2007. 22 5. Ms. Alderman shall comply with the Standards for Competent and Ethical 23 Performance of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 24 020. ‘ 25 /// ‘6 /// Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALDERMAN 1 Violation of any term of probation shall constitute an independent basis for the .2 Commission to revoke Ms. Alderman’s teaching license or othenivise impose discipline, after 3 first providing Ms. Alderman wig: notice and opportunity for hearing. 4 IT IS SO ORDERED this q day of October 2003. . 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 4 7 By’ 8 |ctoria Cha ain, Executive Director [082803] Page 5 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALDERMAN