1 BEFORE THE TEACHIS STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 ln the Matter of the ) STIPULATION OF FACTS

4 Teaching License of ) AND FINAL ORDER

5 CATHERINE L. GILBERTSON ) OF SUSPENSION

6 On November 1, 2006, the Teacher Standards and Practices Commission (Commission)

7 received a report from Michael Remick, Human resources Director for the Jackson County School

8 District, indicating that Catherine Gilbertson (Gilbertson) was cited for possession of marijuana.

9 Ms. Gilbertson fully cooperated with the Commission's investigation. After review of the
10 matters alleged, Ms. Gilbertson and the Commission agree that their respective interests, together
11 with the public interest, are best served by a stipulation to certain facts and a six (6) month
12 suspension, to go into effect upon the reinstatement of Gilbertson’s expired license. This stipulation is
13 not an agreement to reinstate Gilbertson‘s license. Reinstatement of Gilbertson’s license will be
14 subject to any applicable requirements, including the payment of any late fees, if any.
15 This document sets forth the facts upon which the parties have agreed and the stipulated
16 sanction to be imposed. Ms. Gilbertson stipulates that there is sufficient evidence in the
17 Commission's files and records to support the findings of fact, conclusions of law, and order set forth
18 below. .
19 By signing below, Ms. Gilbertson 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 Suspension
23 (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and disclosed to
24 the public upon request by the Commission; (iii) this Stipulation and Final Order is contingent upon
25 and subject to approval and adoption by the Commission. If the Commission does not approve and
26 adopt this Stipulation and Final Order, then neither Ms. Gilbertson nor the Commission are bound by
27 the terms herein; (iv) she has fully read this Stipulation and Final Order, and understands it
28 completely; (v) she voluntarily, without any force or duress, enters into this Stipulation and Final Order

Page 1 - STIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION - GILBERTSON

1 and consents to issuance and entry of the Stipulated Final Order below; (vi) she states that no
2 promises or representation has been made to induce her to sign this Stipulation and Final Order; and
3 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and has been fully
4 advised with regard to her rights thereto, or waives any and all rights to consult with an attorney prior
5 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order
6 below. This Order sets forth the facts upon which the parties have agreed and the sanction to be
7 imposed. Ms. Gilbertson stipulates that there are sufficient facts contained in the Commission's files
8 and records to support the findings of fact and conclusions of law set forth below. ln entering into this
9 stipulation, Ms. Gilbertson waives the right to a hearing to contest the findings of fact, conclusion of
10 law and order set forth below.
11 STIPULATION OF FACTS
12 1. The Commission has licensed Ms. Gilbertson since August 6, 2006.
13 Ms. Gilbertson’s Initial l Teaching License, with an endorsement in multiple subjects self contained,
14 expired October 14, 2007.
15 2. On or about October 4, 2006 Gilbertson had several minors present in her home while she
16 used marijuana. When police arrived, Gilbertson initially denied using marijuana, but following a
. 17 search of her home, she admitted to smoking it while minors were present.
18 4. On January 3, 2007 Gilbertson was convicted of Possession of Marijuana in the Josephine
19 County Circuit Court.
20 5. Gilbertson was untruthful or misrepresented her involvement in these incidents during the
21 Commissions investigation.
22 lT IS SO STIPUL_ATED AND AGREED T0:
23 __-__—6] IQ /O 8)
24 ' Gilbertson Date
/
22 m 501_LQ-0
27 Victoria Ch er ' , Executive Director Date
28 Teacher Standards and Practices Commission
29 /
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1 CONCLUSIONS OF LAW
2 Catherine Gilbertson’s conviction for possession of marijuana constitutes Gross Neglect of
3 Duty in violation of OAR 584-020-0040(5)(c). Gilbertson’s use of marijuana in the presence of minors
4 constitutes Gross Neglect of Duty of in violation of OAR 584-020-0040(4)(o) as it incorporates OAR
5 584-020-0035(3)(a). Gilbertson’s untruthful statements to the Commission during its investigation
6 constitute Gross Neglect of Duty in violation of OAR 584-020-0040(4)(c). The Commission has the
7 authority to impose discipline in this matter under ORS 342.120 through 342.430 and OAR Chapter
8 584.
9 FINAL ORDER
10 The Commission adopts and incorporates herein the above finding of facts, conclusions of
11 law, and based thereon, suspends the license of Catherine Gilbertson for a period of six (6) months.
12 This suspension will go into effect upon the reinstatement of Gilbertson’s license.
13 Issued and dated this $5 of July, 2008.
14 TEACHER STANDARDS AND PRACTICES COMMISSION
15 STATE 0F OREGON
16 2 é g ,
:11 g By t)
19 Ictoria Cha' er , Executive Director
20
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