1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACI‘ S AND 4 Application for an ) FINAL ORDER OF DENIAL OF APPLICATION 5 Educator License of ) AND SUSPENSION OF RIGHT TO APPLY 6 SHARON PERRY CRUICKSHAN K ) 7 8 0n or about March 31, 2014, the Teacher Standards and Practices Commission (Commission) 9 received an application for licensure from Sharon Perry Cruickshank (Cruickshank). In the course of 10 processing that application, the Commission learned that Cruickshank had not complied with 1 1 professional standards, as described below. 12 After review of the matters alleged, Cruickshank and the Commission agree that their 13 respective interests, together with the public interest, are best served by a stipulation to certain facts, 14 denial of Cruickshank’s application and the suspension 0f her right to apply for an Oregon educator 1 5 license. 16 This document sets forth the facts upon which the parties have agreed and the stipulated 17 sanction to be imposed. Cruickshank stipulates that there is sufficient evidence in the Commission’s 18 files and records t0 support the findings of fact, conclusions of law, and order set forth below. 19 By signing below, Cruickshank acknowledges, understands, stipulates, and agrees to the 20 following: (i) she has been fully advised of her rights to notice and a hearing to contest the findings of 21 fact, conclusions of law, and order set forth below, and fully and finally waives all such rights and any 22 rights to appeal or otherwise challenge this Stipulation of Facts and Final Order of Denial of 23 Application and Revocation of Right to Apply (Stipulation and Final Order); (ii) this Stipulation and 24 Final Order is a public document and disclosed to the public upon request by the Commission; (iii) 25 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the 26 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, then 27 neither Cruickshank nor the Commission are bound by the terms herein; (iv) she has fully read this 28 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without any force or 29 duress, enters into this Stipulation and Final Order and consents to issuance and entry of the Page 1 STIPULATION OF FACTS, SUSPENSION OF RIGHT TO APPLY — SHARON PERRY CRUICKSHANK i 1 Stipulated Final Order below; (vi) she states that no promises or representation has been made to 2 induce her to sign this Stipulation and Final Order; and (vii) she has consulted with an attorney 3 regarding this Stipulation and Final Order and has been fully advised with regard to her rights thereto, 4 or waives any and all rights to consult with an attorney prior to entering into this Stipulation and Final 5 Order and issuance and entry of the Stipulated Final Order below. 6 STIPULATION OF FACTS 7 1) Cruickshank has never been licensed as an Educator in Oregon. On March 31, 2014, Cruickshank 8 made application for a teaching license. Cruickshank answered “Yes” to character question 9 number eight (8) regarding her criminal history and background. Cruickshank provided written 10 explanation of her “Yes” answer as part of the application process. Cruickshank’s application was 1 1 referred to professional practices to investigate Cruickshank‘s criminal history and fitness for duty. 12 Investigation revealed that Cruickshank’s criminal history includes misdemeanor convictions for 13 two DUI’s and one for refusal to take a chemical test during 2007 and 2008. In July, 2012, 14 Cruickshank also plead guilty t0 a misdemeanor charge of reckless driving. Cruickshank’s 15 responses and explanations provided during her TSPC interview in 2014 were not consistent with 16 the arrest reports. Cruickshank disagreed with the facts as stated in the reports and, according to 17 Cruickshank, provided information that she believed was true and accurate. She does admit that she 18 has had four misdemeanor convictions during the years identified (2007, 2008 and 2012). She has 19 had no further criminal charges or convictions since July 2012 and was assessed in August of 2012 20 as not requiring treatment for alcohol abuse. 21 IT I? SO STIPULATED: 22 m.‘ L.. ‘AA/1.” ‘Ill/22”” 23 Sh ., hank . Date 2. 21M 1M.-. .- M 25 'ictoria ~ ; : = lain, Executive Director Date 26 Teacher Standards and Practices Commission 27 28 CONCLUSIONS OF LAW 29 Based on Sharon Perry Cruickshank’s conduct, as described above, it was determined that at 3O the time of the Commission’s review of this matter, she did not meet the legal definition of good moral 31 character required to hold a license under ORS 342,143(2). This conduct also constitutes gross ‘ Page 2 STIPULATION OF FACTS, SUSPENSION OF RIGHT TO APPLY — SHARON PERRY CRUICKSHANK i F_—I—— 1 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-004o(2) (An applicant fails to meet 2 the requirement of ORS 342.143 “good moral character” if the applicant engages in gross neglect of 3 duty, gross unfitness, in violation of section (4) of this rule or other acts which are in violation of 4 sections (1) and (3) of this rule); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) 5 (Use professional judgment); and OAR 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020~ 6 0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the law, exemplifying 7 personal integrity and honesty). This conduct also constitutes gross unfitness in violation of ORS 8 342.175(1)(c); OAR 584-020-0040(5)(c)( Conviction of violating any federal, state, or local law. A ‘ 9 conviction includes any final judgment of conviction by a court whether as the result of guilty plea, 1 1O no contest plea or any other means);, and OAR 584-020-oo4o(5)(e) (Admission of or engaging in 1 1 acts constituting criminal conduct, even in the absence of a conviction). 12 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 1 3 ORDER 14 The Commission hereby adopts and incorporates herein the above stipulation of facts, 15 conclusions of law, and based thereon hereby suspends Cruickshank’s right to apply for an Oregon 16 educator license as follows: 17 Sharon Perry Cruickshank’s right to apply for an Educator License is hereby suspended for one 18 year following the adoption of this order. Prior to application, Cruickshank will provide an alcohol 19 evaluation that has been completed with the six months preceding her application for licensure in 20 Oregon by a provider approved by the Commission. 21 Furthermore, should Cruickshank make successful application after the suspension period, the 22 Commission imposes a two (2) year probation upon Cruickshank to commence the date of licensure 23 and subject to the following terms and conditions of probation: 24 1. She will comply with the Standards for Competent and Ethical Performance of Oregon 25 Educators under Oregon Administrative Rules Chapter 584, Division 020. Page 3 STIPULATION OF FACTS, SUSPENSION OF RIGHT TO APPLY — SHARON PERRY CRUICKSHANK l 1 Violation of any term or condition of probation shall constitute an independent basis for the 2 Commission to otherwise impose discipline, up to and including revocation of Cruickshank’s teaching 3 license, after first providing Cruickshank with notice and opportunity for hearing. 4 5 6 IT IS s0 ORDERED this fiay of M , 2012. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 9 By: M 10 oria Charnbe n, ecntive Director Page 4 STIPULATION OF FACTS, SUSPENSION OF RIGHT TO APPLY — SHARON PERRY CRUICKSHANK _———_———.. CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Denial of Application and Suspension of Right to Apply, certified by me as such. by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Sharon Perry Cruickshank PO Box 760463 Chugiak, AK 99567 DATED this ' ' day ofJuIy, 20164 BY‘ \- 7'4‘ ." '54, . . ' . 1 . Patty Sheldon Investigative Assistant Certificate 0f Mailing i SHARON PERRY CRUICKSHANK Data Classification Level: l e Published DO: Sheldon