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1647491
Erica Schmidt (132791)
Discipline Order

1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the Educator ) DEFAULT ORDER OF
5 License of ) PUBLIC REPRIMAND
6 ERICA LE SCHMIDT ) AND PROBATION
7
8
9 On March 18, 2015, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Erica Le Schmidt (Schmidt) in which the
1 1 Commission charged her with Gross Neglect of Duty and Gross Unfitness. The Notice was
12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7014 0150 0000 1046 5680 to
13 the address on file with the Commission. The Notice designated the Commission file as the
14 record for purposes of proving a prima facie case. The Certified Mail receipt was returned t0
15 the Commission “signed” 0n March 20, 2015. The first class mail was not returned to the
16 Commission and assumed delivered. The Notice of Opportunity for Hearing, dated March
l7 18, 2015, and signed by Victoria Chamberlain, Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
‘ 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
‘ 24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Schmidt did not requested a hearing. The Commission, therefore, finds Schmidt to be in
27 default and enters the following findings of fact, conclusions of law, and final order, based
28 on the files and records of the Commission concerning this matter.
29
30 FINDINGS OF FACT
31 1. Schmidt has been licensed by the Commission since July 17, 2009. Schmidt holds an
32 Initial I Teaching License, with an endorsement in Multiple Subjects Self-Contained
33 (ECE, ELE), valid from September 12, 2012, through September 11, 2015. During all
34 relevant times, Schmidt was employed by the Pendleton School District.
35 2. On February 3, 2014, the Commission received a report from the Pendleton School District
36 alleging Schmidt had violated professional standards. The allegations arose from a patron
PAGE 1-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- ERICA LE SCHMIDT l

l complaint to the school district that alleged Schmidt had entered another teacher’s
2 residence and stole prescription medications.
3 3. Investigation determined that on 0r about October 14, 2013, Schmidt entered the home of
4 another teacher without permission. While in the home, Schmidt searched the medicine
5 cabinet and stole prescription narcotic medication for Schmidt’s personal use. Investigators
6 learned that Schmidt had developed an addiction to prescription pain killers, and Schmidt
7 had stolen these medications because 0f her dependence on the drugs. Police reports and
8 Schmidt’s own admissions indicate Schmidt questioned the teacher/ homeowner, and the
9 teacher/homeowners children (students), who resided in the victims residence, about who
10 would be home and at what times in an attempt to plan a return t0 the home. Schmidt told
1 l investigators that she returned to the home on October 17, 2013, in an attempt to return
12 some of the pills that were previously stolen. On February 14, 2014, Schmidt was charged
l3 with the crimes of Criminal Trespass I, a class A misdemeanor, Theft 3, a class C
14 misdemeanor, and Attempted Possession of a Controlled Substance (Hydrocodone) a class
15 A misdemeanor. On May 29, 2014, Schmidt pied guilty and was convicted of ORS 164.255,
16 Criminal Trespass and ORS 164.043, Theft 3; the Attempted Possession of a Controlled
l7 Substance charge was dismissed as part of a plea agreement. Schmidt was sentenced to 180
18 days in jail (suspended), fines and three years of probation. On 0r about January 31, 2014,
19 Schmidt entered treatment for her addiction. Schmidt successfully completed her treatment
20 programs and related follow up programs.
l 21
22 CONCLUSIONS OF LAW ‘
23 Erica Le Schmidt engaged in unprofessional conduct as described above. This l
24 conduct constitutes Gross Neglect of Duty in violation 0f OAR 584-020—0040(4)(n) as it
25 incorporates OAR 584-020-0010(5) (Use professional judgment); and OAR 584-020-
26 0040(4)(o) as it incorporates OAR 584-020-0035(1)(b) (Refrain from exploiting
27 professional relationships with any student for personal gain, or in support‘ 0f persons or
28 issues), and OAR 584-020-0035(3)(a) (Maintain the dignity of the profession by respecting
29 and obeying the law, exemplifying personal integrity and honesty). This conduct also
30 constitutes gross unfitness in violation 0f ORS 342.175(1)(c); OAR 584-020-0040(5)(c)
PAGE 2-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- ERICA LE SCHMIDT

l (Conviction of violating any federal, state, or local law. A conviction includes any final

2 judgment of conviction by a court whether as the result of guilty plea, no contest plea or

3 any other means), and OAR 584-020-0040(5)(e) (Admission of or engaging in acts

4 constituting criminal conduct, even in the absence of a conviction).

5

6 The C0mmissi0n’s authority to impose discipline in this matter is based upon ORS

7 342.175.

8 FINAL ORDER

‘ 9 The Commission hereby issues a Public Reprimand upon Erica Le Schmidt’s Oregon
l 10 educator license, and places Schmidt on probation for a period of four (4) years from the
1 1 date of this order. This probation period is subject to the following terms and conditions:
12 1. Schmidt shall comply with the Standards for Competent and Ethical Performance
l3 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division
14 020.
15 2. Schmidt shall continue to participate in substance abuse treatment support
16 and/ or programs recommended by treatment providers.
17 Violation of any term 0r condition of probation shall constitute an independent basis
18 for the Commission to revoke Schmidt’s teaching license 0r otherwise impose discipline,
19 after first providing Schmidt with notice and opportunity for hearing.
20
Iii/I).
21 IT IS SO ORDERED THIS $1} day of May, 2015.
22 TEACHER STANDARDS AND PRACTICES COMMISSION
23 By:
24 Victoria Chamberlain, Executive Director
PAGE 3-DEFAULT ORDER OF PUBLIC REPRIIvIAND AND PROBATION- ERICA LE SCHMIDT j

l NOTICE OF APPEAL 0R RIGHTS
I 2
I 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
4 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
5 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
6 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 4-DEFAULT ORDER OF PUBLIC REPRIMAND AND PROBATION- ERICA LE SCHMIDT ‘

CERTIFICATE OF MAILING
1 I hereby certify that I served the foregoing notice of final order, certified by me as such, by
i mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to:
I
I
l Erica Le Schmidt
‘ 314 NW 5‘h Street
Pendleton, OR 97801-1623
. ii
Dated this 526 ‘ day 0f May, 2015.
. , 1 J ‘ r
“.715 .771 , I
' Pat 1 dell
Inv tigative Assistant
PAGE 1— CERTIFICATE OF MAILING— ERICA LE SCHMIDT