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 SUSPENSION

5 KRISTIE L. MOEDE ) AND PROBATION

6 On November 20, 2008, the Teacher Standards and Practices Commission

7 (Commission) received a report from Ron Naso, Superintendent, North Clackamas School

8 District indicating that Kristie Moede (Moede) reported to duty under the influence of alcohol.

9 Moede fully cooperated with the Commission’s investigation in this matter. After review
10 of the matters alleged, Moede and the Commission agree that their respective interests,
11 together with the public interest, are best sewed by a stipulation to certain facts, the imposition
12 of a sixty (60) day suspension followed by a four (4) year probation.
13 This document sets forth the facts upon which the parties have agreed and the
14 stipulated sanction to be imposed‘ Moede stipulates that there is sufficient evidence in the
15 Commission’s files and records to support the findings of fact, conclusions of law, and order set
16 forth below. ,
17 By signing below, Moede acknowledges, understands, stipulates, and agrees to the
18 following: (i) she has been fully advised of his rights to notice and a hearing to contest the
19 findings of fact, conclusions of Iaw, and order set forth below, and fully and finally waives all
20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
21 Order of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Fina!
22 Order is a public document and disclosed to the public upon request by the Commission;
23 (iii) this Stipulation and Final Order is contingent upon and subject to approval and adoption by
24 the Commission. Ifthe Commission does not approve and adopt this Stipulation and Final
25 Order, then neither Moede nor the Commission are bound by the terms herein; (iv) she has fully
26 read this Stipulation and Final Order, and understands it completely; (v) she voluntarily, without
27 any force or duress, enters into this Stipulation and Final Order and consents to issuance and

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

1 entry of the Stipulated Final Order below; (vi) she states that no promises or representation has
2 been made to induce her to sign this Stipulation and Final Order; and (vii) she has consulted
3 with an attorney regarding this Stipulation and Final Order and has been fully advised with
4 regard to her rights thereto, or waives any and all rights to consult with an attorney prior to
5 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final
6 Order below. Moede understands that the probation will be subject to specific terms and
7 conditions.
8 STIPULATION OF FACTS
9 1. The Commission has licensed Kristie Moede since October 16, 1991. Moede
1O currently holds a Standard Teaching License valid September 9, 2006, through September 8,
11 2011, with Basic Physical Education and Standard Health Education endorsements.
12 2. Ms. Moede has been employed by the North Clackamas School District as a full time
13 teacher since 1998. On November 6, 2007, Moede reported to duty under the influence of
14 alcohol.
15 ~;> 3. On October 24, 2008, the Commission and Moede agreed to the imposition of a
16 reprimand and four (4) years probation on Moede’s teaching license.
17 4. On November 20, 2008, Moede was suspected of being under the influence of
18 intoxicants and asked to submit to a breathalyzer. Between 9:55 am and 10:17 am, Moede took
19 two breathalyzer tests, resulting in blood alcohol readings of 0.042 and 0.030.
20 5. On the morning of November 20. 2008, Moede attended a faculty meeting and had no
21 contact with students.
22 6. As part of the last chance agreement entered into with the North Clackamas School
23 District, any inability of Moede to carry out her contracted teaching duties would reshlt in
24 termination.
25 ///
26 l/l
Page 2 - STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION - MOEDE

1 IT IS SO STIPULATED AND AGREED TO:

2 [I _ ) [I / E; i i Z

_ / ,l d

, ~ IstIe Moede Date

\

2 M52’, / 24'} 7142

7 t ictorIa Cha - ' rlain, Executive Director Date

8 Teacher Standa ~ 1 d Practices Commission

9 CONCLUSIONS OF LAW
1O On November 20, 2008, Kristie Moede reported for duty under the influence of alcohol.
11 This conduct constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(g) and OAR
12 584-020-0040(4)(k). The Commission has the authority to impose discipline in this matter under
13 ORS 342.120 through 342.430 and OAR Chapter 584.
14 FINAL ORDER
15 The Commission hereby adopts and incorporates herein the above findings of fact,
16 conclusions of law, and based thereon hereby imposes a sixty (60) day suspension upon
17 Moede. The suspension will being June 20, 2009, and end August 23, 2009.
18 >7; Furthermore, the Commission imposes a four (4) year probation upon Moede to
19 commence the date of adoption of this order and subject to the following terms and conditions of
20 probation:
21 1. Moede has submitted documentation that she undenivent an alcohol evaluation,
22 intensive in-patient treatment program and continues to seek assistance to maintain her
23 sobriety.
24 2. Moede shall continue with ongoing alcohol treatment as recommended by the
25 evaluator. Moede shall submit to the Executive Director reports of her compliance with the her
26 treatment plan; such reports shall be submitted every six (6) months, commencing six months
27 from the date of the adoption of this order.

Page 3 - STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION - MOEDE

1 3. Moede shall report in writing within ten days to the Executive Director of the
2 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or
3 violation of criminal probation; and
4 4. Moede shall comply with the Standards for Competent and Ethical Performance of
5 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
6 Violation of any term or condition of probation shall constitute an independent basis for
7 the Commission to revoke Moede’s teaching license or otherwise impose discipline, after first ,
8 providing Moede with notice and opportunity for hearing.
9 ///
és/i
10 Issued and dated this day of May, 2009.
11 TEACHER STANDARDS AND PRACTICES COMMISSION
12 STATE OF OREGON
13 '
14 ,, \
15 y
16 ictoria C rain, xecutive Director [Account ID: 80545]
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