O O 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 REPRIMAND 5 ALEXANDRA RAE LAYMAN ) AND PROBATION 6 On June 25, 2003, Alexandra Rae Layman (Layman) submitted an application for an 7 Initial Teaching License to the Teacher Standards and Practices Commission (Commission). 8 Ms. Layman responded affirmatively to character questions B and 10. Ms. Layman indicated 9 that she provided an explanation and documentation with a prior application. On August 15, 10 2002, Ms. Layman submitted a Student Teaching Or Practicum Report — Form PA-1. 11 Ms. Layman responded affirmatively to character questions 8 and 10. Ms. Layman provided a 12 written explanation. 13 After review of the matters alleged, Ms. Layman and the Commission agree that their 14 respective interests, together with the public interest, are best served by a stipulation to certain ' facts, the imposition of a Public Reprimand and a four (4) year probation. This Order sets forth 16 the facts upon which the parties have agreed and the sanction to be imposed. Ms. Layman 17 stipulates that there are sufficient facts contained in the Commission's files and records to 18 support the findings of fact and conclusions of law set forth below. In entering into this 19 stipulation, Ms. Layman waives the right to a hearing to contest the findings of fact, conclusions 2O of law and order set forth below. Ms. Layman understands that the probation wiII be subject to 21 specific terms and conditions. . :__ 22 Ms. Layman enters into this Stipulation of Facts with the knowledge that the Commission 23 shall place her on probation for a period of four (4) years. This Stipulation is contingent upon 24 approval and adoption of the Order by the fuII Commission. If the Commission does not adopt 25 this Order, neither Ms. Layman nor the Commission are bound by these stipulations and 26 Ms. Layman retains the right to a hearing on the allegations. O Page 1 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - LAYMAN O O 1 STIPULATION 0F FACTS ' 1. On June 25, 2003, Ms. Layman submitted an Application For Educator License Form 3 C-1 to the Commission requesting an Initial Teaching License. She responded affirmatively to 4 character questions 8 and 10. Ms. Layman failed to disclose her June 6, 2003, arrest for 5 Driving Under the Influence of lntoxicants, which was still pending in the court. She responded 6 “no” to character question 11. 7 2. In July of 1998, Ms. Layman was arrested for Driving Under the Influence of 8 lntoxicants (DUII). The Court granted Ms. Layman a Diversion for DUII. On September 24, 9 1999, Ms. Layman completed Diversion and the DUII charge was dismissed in the Circuit Court 10 of the State of Oregon for Lane County. 11 3. On June 6, 2003, Ms. Layman was arrested for DUII. On August 6, 2003 12 Ms. Layman was convicted for DUII in the Municipal Court of the City of Lake Oswego County of 13 Clackamas, State of Oregon. ‘ 4. Ms. Layman recognizes that she has an alcohol dependency problem and has 15 agreed to seek treatment. 16 IT IS SO STIPULATED: . U ' 17 A.’ . 1A1 ‘I W/(ZUPJ (if MM L7 5 18 Ale f1’ = Ra- .l/ an i Date 19 ' wl/iQ/OAA' 4,1 41/0 d; 2O ictoria Chawain, Exec tive Director Date 21 Teacher Standards and Practices Commission 22 CONCLUSIONS 0F LAW 23 Alexandra Rae Layman’s failure to disclose her arrest on June 6, 2003, for Driving 24 Under the Influence of lntoxicants constitutes knowing misrepresentation on application for 25 license and is a basis for discipline or denial of Iicensure pursuant to OAR 584-050-0006(1) and 26 OAR 584-020-0040(4)(c) and constitutes Gross Neglect of Duty. Ms. Layman’s alcohol related ‘7 criminal conviction and criminal conduct constitute Gross Unfitness as defined in OAR 584-020- Page 2 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - LAYMAN O O 1 0040(5)(c) and OAR 584-020-0040(5)(e). Criminal convictions and criminal conduct, even in ‘ the absence of conviction, may be used as evidence to establish an applicant’s lack of fitness to 3 serve as an educator pursuant to OAR 584-050-0006. The Commission’s authority to impose 4 discipline in this matter is based upon ORS 342.143 and ORS 342.175. 5 /// 6 /// 7 /// l O O Page s - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - LAYMAN O O 1 ORDER a The Commission adopts the above Stipulation of Facts and imposes a Public Reprimand 3 on Alexandra Ray Layman. This Stipulation of Facts, Order and Probation constitutes the 4 Reprimand. The Commission authorizes the issuance of an Initial Teaching License to 5 Ms. Layman subject to all standard terms and conditions. 6 Furthermore, the Commission imposes a four (4) year probation upon 7 Ms. Layman to commence the date of issuance of said license and subject to the following i 8 special terms and conditions of probation: i 9 1. Ms. Layman shall within the first six months of probation, on or before l 10 April 10, 2004, provide evidence that she has successfully completed an alcohol treatment 11 program. Ms. Layman will also provide a copy of the treatment plan and aftercare plan as 12 prescribed by the treatment provider; ‘ 13 2. Ms. Layman shall, at her own initiative and expense, continue to obtain treatment for I .1 her alcohol dependency as recommended by her alcohol treatment provider and abstain from 1 15 the consumption of alcohol; i 16 3. During the period of her probation, Ms. Layman shall submit to the Executive Director 17 of the Commission reports of her compliance with the aftercare treatment plan. Ms. Layman j 18 shall provide these reports every six (6) months during her probation, on or before: October 10, 19 2004; April 10, 2005; October 10, 2005; April 10, 2006; October 10, 2006; April 10, 2007; and i 20 October 10, 2007. i 21 4. Ms. Layman shall conduct herself as a law-abiding citizen; 22 5. Ms. Layman shall report in writing within ten days to the Executive Director of the 23 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or 24 violation of criminal probation; and 25 6. Ms. Layman shall comply with the Standards for Competent and Ethical Performance ‘ of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. Page 4 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION ~ LAYMAN O O 1 Violation of any term or condition of probation shall constitute an independent basis for ' the Commission to revoke Ms. Layman‘s teaching license or otherwise impose discipline, after 3 first providing Ms. Layman with notice and opportunity for hearing. 4 IT IS SO ORDERED this fiday of October 2003. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 .- 7 Byr M g We 1 8 lctoria Chambe ' , Executive Director [091003] 1 I O O Page s . STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - LAYMAN