1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Q OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF SUSPENSION 5 AMY NICOLE ALDERMAN ) AND PROBATION g ) 8 On July 31, 2002, Amy Nicole Alderman (Alderman) delivered a complete application for 9 an Initial Teaching License to the Teacher Standards and Practices Commission (Commission). 10 Ms. Alderman responded “no” to all character questions. Documents previously provided by 11 Ms. Alderman with Form PA-1 indicate that she was convicted of Negligent Driving in 12 Washington State. In addition, Oregon Computerized Criminal History records indicate that Ms. 13 Alderman was arrested in Washington County, Oregon, on July 14, 2002, those charges were 14 pending in Washington County Circuit Court on July 31, 2002. 15 After review of the facts in this matter, Ms. Alderman and the Executive Director agree Q that their respective interests, together with the public interests, are best served by a stipulation 17 to certain facts, suspension of her right to apply for licensure and a three (3) year probation 18 upon issuance of a teaching license. 19 This Order sets forth the facts upon which the parties have agreed and the sanction to 20 be imposed. In entering into this stipulation, Ms. Alderman waives the right to a hearing to 21 contest the findings of fact, conclusion of law and order set forth below. Ms. Alderman enters 22 into this agreement with the knowledge that the Commission will suspend her right to apply for a 23 teaching license for six (6) months and require her to complete an alcohol 24 rehabilitation/treatment program prior to issuance of a teaching license. 25 This stipulation is contingent upon approval and adoption of the Order by the 26 Commission. If the Commission does not adopt this Order, neither Ms. Alderman nor the 27 Commission are bound by these Stipulations and Ms. Alderman retains all rights to a hearing on .1 the allegations. ‘ Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALDERMAN 1 STIPULATION OF FACTS a 1. On July 31, 2002, Ms. Alderman personally delivered a complete Application For 3 Educator License Form C-1 to the Commission. She responded "no" to all character questions. 4 2. On March 21, 1999, Ms. Alderman was arrested for DUI — Driving Under the Influence; 5 Possession of Marijuana; and Unlawful Use Drug Paraphernalia in Tumwater, Washington. On 6 April 23, 1999, Ms. Alderman pled guilty to and was convicted of Negligent Driving 1s‘ Degree in 7 Tumwater Municipal Court. Ms. Alderman acknowledges that she should have responded "yes" 8 to character questions 8 and 10, regarding her plea and conviction for Negligent Driving 1St 9 Degree. 10 3. On July 14, 2002, Ms. Alderman was arrested for DUII - Driving Under the Influence of 11 lntoxicants and Criminal Mischief Il in Washington County, Oregon. These charges were 12 pending in Washington County Circuit Court on July 31, 2002. 13 Ms. Alderman acknowledges that she was required to report these pending criminal matters by . responding “yes” to character question number 9. 15 4. Ms. Alderman recognizes that she has an alcohol abuse problem and has agreed to a 16 plan of treatment and aftercare as prescribed by her treatment provider. 17 IT IS SO STIPULATED: 18 20 | A erman Date 21 \ . o 22 l fZ/ZQ’ % , w £44 Z, fix 1' ‘74¢ ~ 0g! 23 Victoria Cha rain, Execut' e Director Date 24 CONCLUSION 0F LAW 25 As per OAR 584-050-0006 the Executive Director may deny issuance of licensure when 26 the applicant submits a falsified application or when the applicant has been convicted of any felony, a misdemeanor or major traffic violation. Ms. Alderman's April 23, 1999, conviction for ‘8 Negligent Driving 1“ Degree in Washington State is grounds for denial of licensure and Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALDERMAN 1 constitutes Gross Unfitness as defined in OAR 584-020-0040(5)(c). Ms. Alderman’s knowing Q misrepresentation directly related to licensure, specifically, her failure to respond affirmatively to 3 character questions regarding her criminal history are grounds for denial of licensure and 4 constitute Gross Neglect of duty pursuant to OAR 584-020-0040(4)(c). The Commission's 5 authority to impose discipline in this matter is based upon ORS 342.143(2) and ORS 6 342.175(1)(c). 7 ORDER 8 The Commission adopts the above Stipulation of Facts and suspends the right of Amy 9 Nicole Alderman to apply for an Oregon Teaching License effective August 29, 2002, for a 10 period of six (6) months. Upon receipt of a complete application pursuant to OAR 584-050- 11 0015(3), fees and evidence that she has successfully completed an alcohol or chemical 12 dependency rehabilitation program the Commission shall issue an Initial Teaching License to 13 Ms. Alderman subject to all standard terms and conditions. . Furthermore, the Commission imposes a three (3) year probation upon Ms. Alderman to 15 commence the date of issuance of said license and subject to the following special terms of 16 probation: 17 1. Ms. Alderman shall conduct herself as a law-abiding citizen; 18 2. Ms. Alderman shall report in writing within ten days to the Executive Director of the 19 Commission any arrest or citation for any felony, misdemeanor, major traffic violation; 2O 3. Ms. Alderman shall, at her own initiative and expense, continue to obtain treatment 21 for her alcohol dependency as recommended by her alcohol treatment provider; 22 4. During the period of her probation, Ms. Alderman shall submit to the Executive 23 Director of the Commission reports of her compliance with the aftercare treatment plan. Ms. 24 Alderman shall provide these reports every six (6) months during her probation; 25 5. Ms. Alderman shall comply with the Standards for Competent and Ethical '3 Performance of Oregon Educators under OAR 584, Division 020. Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION ~ ALDERMAN 1 Violation of any of the terms of probation shall constitute an independent basis for the Q Commission to revoke Ms. Alderman’s teaching license or othenlvise impose discipline, after 3 first providing Ms. Alderman with notice and opportunity for hearing. 4 IT IS SO ORDERED this // day of October, 2002. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 w ‘ 7 Byxiwé MW 8 Victoria Cham 1n, Executi e Director [0916021 O O Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - ALDERMAN