1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
i g OF THE STATE OF OREGON Fin-w “it L’ gr.)
g In the Matter ofthe I FEB 1 3 2001
6 Teaching License of | STIPULATION OF FACTS, News. t.,..:"""4?'1ls
7 LINDA KAY FERNALD | ORDER OF REPRIMAND AND; a»: Imps 1; . .. mien
8 | PROBATION
9 .
10 On or about December 7, 2000, the Teacher Standards and Practices
11 Commission (Commission) received an application for renewal of a Basic Teaching
12 License from Linda Fernald. Fernald reported on a C-I Application for Renewal that
13 she was convicted of Theft lI in Washington County Circuit Court on July 25, 2000.
14 After review of the facts in this matter, Fernald and the Executive Director agree that
15 their respective interests, together with the public interests, are best served by a
16 stipulation to certain facts, a reprimand followed by a probation of two (2) years. This
‘ 17 Order sets forth the facts upon which the parties have agreed and the sanction to be
18 imposed. In entering into this stipulation, Fernald waives the right to a hearing to
19 contest the findings of fact, conclusion of law and order set forth below.
20 4 FINDINGS 0F FACT
21 1. On or about January 1, 1997, the Commission issued a Basic Teaching License to
22 Linda Fernald. Fernald‘s Basic License expired on December 8, 2000. Q ‘
23 2. Fernald is employed as an elementary school teacher for Greater Albany Public
24 Schools.
25 3. On or about July 25, 2000, Linda Fernald was convicted of the misdemeanor crime
26 of ORS 164.045, Theft I| (from Nordstrom) in Washington County Circuit Court (case
27 #D99-0675M).
i,
Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION v

1 4. Upon sentencing the Court ordered Fernald to pay $465 in fines and placed her on
. 2 probation for one year. Fenald’S criminal probation will expire on or about July 25,
3 2001.
4 5. Fernald has no prior or subsequent criminal convictions.
5 Fernald understands that the Commission will impose a two (2) year probation
6 with specific conditions.
7 This stipulation is contingent upon approval and adoption of the Order by the
8 Commission. If the Commission does not adopt this Order, neither Fernald nor the
9 Commission are bound by these Stipulations and Fernald retains all rights to a hearing
1O on the allegations.
11 IT IS SO STIPULATED:
12 Ziifij ZZZ if? ZZIIZOZ
. 13 Li a Fernald Date
14 H 6141
12 David V. Myton, Ex cutive Director Date
17 CONCLUSION OF LAW
18 Fernald‘s criminal conviction for Theft II, ORS 164.045, constitutes gross
19 unfitness as defined in OAR 580-020-0040(5)(c).
20 ORDER
21 The Commission adopts the above Findings of Fact and orders a public
22 reprimand for conviction of the crime of Theft ll as defined by ORS 164.045.
23 The Commission authorizes issuance of a Basic Teaching License to Fernald
24 subject to all standard terms and conditions and subject to the following special terms of
' 25 probation: I
I
Page 2 STIPULATION OF FACTS, ORDER 0F REPRIMAND AND PROBATION ‘
I

1 1. The Commission places Fernald on a two (2) year probation to commence March 1,
' 2 2001. ‘
3 2. The probation Shall remain in effect subject to the following conditions: 3
4 a. Fernald shall conduct herself as a law-abiding citizen;
5 b. Fernald shall report in writing within ten days to the Executive Director ofthe
6 Commission any arrest or citation for any felony, misdemeanor, or major
7 traffic violation; and
8 c. Fernald shall comply with the Standards for Competent and Ethical
9 Performance of Oregon Educators under OAR 584, Division 20.
1O Violation of any of the terms of probation shall constitute an independent basis
11 for the Commission to revoke Fernald‘s teaching license or otherwise impose discipline,
12 after first providing Fernald with notice and opportunity for hearing.
. 13 Dated this '2 ‘h’ day of March 2001.
14 TEACHER STANDARDS AND PRACTICES COMMISSION
15 \
16 2Q; , é
17 By:
18 David V. Myton,Executive Director
Page 3 STIPULATION OF FAcTs, ORDER OF REPRIMAND AND PROBATION