1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS,

4 Teaching License of ) FINAL ORDER OF REPRIMAND

5 KRISTIE L. MOEDE ) AND PROBATION

6 On December 3, 2007 the Teacher Standards and Practices Commission (Commission)

7 received a report from Ron Naso, Superintendent, North CIackamas School District indicating

8 that Kristie Moede (Moede) was suspected of being under the influence of alcohol during the

9 workday.
10 Moede fulIy cooperated with the Commission's investigation in this matter. After review
11 of the matters alleged, Moede and the Commission agree that their respective interests,
12 together with the public interest, are best served by a stipulation to certain facts, the imposition
13 of a public reprimand followed by a four (4) year probation.
14 This document sets forth the facts upon which the parties have agreed and the
15 stipulated sanction to be imposed. Moede stipulates that there is sufficient evidence in the
16 Commission's files and records to support the findings of fact, conclusions of law, and order set
17 forth below.
18 By signing below, Moede acknowledges, understands, stipulates, and agrees to the
19 following: (i) she has been fulIy advised of his rights to notice and a hearing to contest the _
20 findings of fact, conclusions of law, and order set forth below, and fuIIy and finally waives alI
21 such rights and any rights to appeal or otherwise chalienge this Stipulation of Facts and Final .
22 Order of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Final
23 Order is a public document and disclosed to the public upon request by the Commission;
24 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by
25 the Commission. If the Commission does not approve and adopt this Stipulation and Final
26 Order, then neither Moede nor the Commission are bound by the terms herein; (iv) she has fuIIy
27 read this Stipulation and FinaI Order, and understands it completely; (v) she voluntarily, without

Page 1 _ STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - MOEDE

1 any force or duress, enters into this Stipulation and Final Order and consents to issuance and
2 entry of the Stipulated Final Order below; (vi) she states that n0 promises or representation has
3 been made to induce her to sign this Stipulation and Final Order; and (vii) she has consulted
4 with an attorney regarding this Stipulation and Final Order and has been fully advised with
5 regard to her rights thereto, or waives any and all rights to consult with an attorney prior to
6 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final
7 Order below. Moede understands that the probation will be subject to specific terms and
8 conditions.
9 STIPULATION OF FACTS
1O 1. The Commission has licensed Kristie Moede since October 16, 1991. Moede
11 currently holds a Standard Teaching License valid September 9, 2006, through September 8,
12 2011, with Basic Physical Education and Standard Health Education endorsements.
13 2. Ms. Moede has been employed by the North Clackamas School District as a full time ‘
14 teacher since 1998 with no previous disciplinary issues. I
15 3. On November 6, 2007, Ms. Moede was suspected of being under the influence of
16 intoxicants and asked to submit to a breathalyzer. At approximately 3:30 pm Ms. Moede had a
17 blood alcohol level between 0.037 and 0.041.
18 4. Ms. Moede explained that she returned home at approximately 4am that morning after
19 drinking with friends and did not think she would be affected during the work day.
2O IT IS SO STIPULA AND AGREED TO:
21 ’ ’
a; , IMIII/I/ m
26 ictoria C - .- - xecutive Director Date
27 Teacher Standards and Practices Commission
Page 2 - STIPULATION 0F FACTS, FINAL ORDER or REPRIMAND AND PROBATION - MOEDE

1 CONCLUSIONS OF LAW

2 On November 6, 2007 Kristie Moede reported for duty under the influence of alcohol.

3 This conduct constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(g). The

4 Commission has the authority to impose discipline in this matter under ORS 342.120 through

5 342.430 and OAR Chapter 584.

6 / //

7 FINAL ORDER

8 The Commission hereby adopts and incorporates herein the above findings of fact,

9 conclusions of law, and based thereon hereby imposes a Public Reprimand upon Ms. Moede.
1O The Stipulation of Facts, Final Order and Probation constitutes the Reprimand.
11 Furthermore, the Commission imposes a four (4) year probation upon Ms. Moede to
12 commence the date of adoption of this order and subject to the following terms and conditions of
1 3 probation:
14 1. Ms. Moede has submitted documentation that she undenIvent an alcohol evaluation
15 on December 2, 2007 and continues to seek assistance with alcohol dependence.
16 2. Ms. Moede shall continue with ongoing alcohol treatment as recommended by the
17 evaluator. Ms. Moede shall submit to the Executive Director reports of her compliance with the l
18 her treatment plan; such reports shall be submitted every six (6) months, commencing six ~ ‘
19 months from the date of the adoption of this order. _
20 3. Ms. Moede shall report in writing within ten days to the Executive Director of the
21 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or
22 violation of criminal probation; and >
23 4. Ms. Moede shall comply with the Standards for Competent and Ethical Performance
24 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.

Page a - STIPULATION OF FACTS, FINAL ORDER OF REPRIMAND AND PROBATION - MOEDE

1 Violation of any term or condition of probation shall constitute an independent basis for
2 the Commission to revoke Moede's teaching license or otherwise impose discipline, after first
3 providing Moede with notice and opportunity for hearing.
4 /// Wt
5 Issued and dated this (gr 1/ day of October, 2008.
6 TEACHER STANDARDS AND PRACTICES COMMISSION
7 STATE OF OREGON
8 I
9 W f , . ,
10 B 11 j/Al/ w Ida/1113.41
11 ictoria Cha . - Wecutive Director [071408]
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