_ \\\\\\\\\\\\\\\\\\\\g\3\3\33\g\\mm l BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS 2 ON BEHALF OF 3 TEACHER STANDARDS AND PRACTICES COMMISSION 4 5 In the Matter of the ) OAH Case No. 1102301 6 Teaching License of ) 7 ERIN MICHELLE DALRYMPLE ) FINAL ORDER BY DEFAULT 8 9 10 On February 9, 2011, the Teacher Standards and Practices Commission (Commission) 1 1 issued a Notice of Opportunity for Hearing to Erin Michelle Dalrymple (Dalrymple) in which the 12 Commission charged her with Gross Neglect of Duty and Gross Unfitness pursuant to ORS 13 342.175(1)(b) and (c); OAR 584-020-0040(4)(n), OAR 584-020-001o(5), OAR 584-020- l4 0040(0), OAR 584-020-004o(4)(c), OAR 584-020-0040(5)(c), OAR 584-020-0040(5)(b), and 15 OAR 584-020-0040(5)(e). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail l6 Receipt 7010 0290 0001 6831 2080 to the address on file with the Commission. The Notice of 17 Opportunity of Hearing, dated February 9, 2011, and signed by Victoria Chamberlain, Executive 18 Director, stated: 19 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 20 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 2l FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 22 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 23 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 24 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 25 DISCIPLINE.” 26 27 On February 14, 2011, Dalrymple requested a hearing. A prehearing conference was scheduled 28 for June 13, 2011, at which Dalrymple appeared by phone. A hearing was scheduled for October 29 25, 2011, at the Office 0f Administrative Hearings in Salem, Oregon. Dalrymple did not appear 3O at the hearing. The Commission, therefore, finds Dalrymple to be in default and enters the 31 following findings of fact, conclusions of law and order, based on the files and records of the 32 Commission concerning this matter. 33 FINDINGS OF FACT 34 1. Dalrymple has not been licensed by the Commission. On October 20, 2010, the Commission 35 received Dalrymple’s C-1 application for a Restricted Transitional Teaching License. The Athena 36 Weston School District applied for this license on Dalrymple’s behalf. 37 PAGE 1-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY — DALRYMPLE, ERIN MICHELLE 1 2. On June 19, 2010, Dalrymple signed the character questions on her C-1 application for educator 2 license. 3 a) Dalrymple answered “yes” to question #8 “Have you ever been convicted or been 4 granted conditional discharge by any court for: (a) any felony; (b) misdemeanor; or 5 (c) any major traflic violation, such as: driving under the influence of intoxicants or 6 drugs; reckless driving; fleeing from or attempting to elude a police oflicer; driving 7 while your license was suspended, revoked, or used in violation of any license 8 restriction, or failure to perform the duties of a driver or witness to an accide t?” and; 9 b) Dalrymple answered “yes” to question #11 “Have you ever had a civil judgmen or 10 other court order entered against you resulting from abuse, assault, battery, 11 harassment, intimidation, neglect, stalking, or other threatening behavior to ard 12 other persons?” 13 c) Dalrymple answered “no” to question #10 “Have you ever entered a plea of gui ty or 14 No Contest relative to any charge for an oflense listed in question 8. ” 15 16 3. Dalrymple disclosed a June 19, 2003, a guilty plea and violation conviction for Dom stic 17 Abuse in Pendleton, Oregon. This conviction was a violation and not a misdemeano or 18 felony and did not need to be reported. 19 20 4. Dalrymple did not report her October 1, 2002, conviction for Theft 2 (ORS 164.045) under 21 the name Erin Roggiero, stemming from a December 15, 2001, arrest for theft at a K Mart 22 store in Pendleton Oregon. At that time Dalrymple was employed by the K-Mart an 23 engaged in giving herself fraudulent refunds to a gift card, which Dalrymple then us d to 24 purchase goods from the store. 25 CONCLUSIONS OF LAW 26 Dalrymple’s conduct described above constitutes gross neglect of duty in violation of 27 ORS 342.175(1)(b); OAR 584-02o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use 28 professional judgment), OAR 584-020-0040(0) as it incorporates OAR 584-020-0040(4)(c) 29 (Knowing falsification of any document or knowing misrepresentation directly related to 30 licensure, employment, or professional duties). This conduct also constitutes gross unfitness in 31 violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, 32 state, 0r local law. A conviction includes any final judgment of conviction by a court whether 33 as the result of guilty plea, no contest plea or any other means), OAR 584-020-0040(5)(b) 34 (Fraud or misrepresentation), and OAR 584-020-0040(5)(e) (Admission of 0r engaging in acts 35 constituting criminal conduct, even in the absence of a conviction). PAGE 2-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY- DALRYMPLE, ERIN MICHELLE 1 The Commission’s authority to impose discipline in this matter is based upon ORS 2 342.175. 3 4 FINAL ORDER 5 The Commission hereby suspends Erin Michelle Dalrymple’s right to apply for a teaching 6 license in Oregon for one year. fif/l 7 IT IS so ORDERED THIS / day of November, 2011. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 fl’ . 10 M) 11 By: l2 Victoria C a ' , xecutive Director 13 14 l 5 16 NOTICE OF APPEAL OR RIGHTS 17 18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 19 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 20 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 21 THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF SUSPENSION OF RIGHT TO APPLY — DALRYMPLE, ERIN MICHELLE CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed t0: Erin Michelle Dalrymple PO Box 497 Weston OR 97886 Dated this l El {L day of November, 2011. By: Melody ans Executi sistant PAGE 1- CERTIFICATE OF MAILING—DALRYMPLE, ERIN MICHELLE