_nnmummuuguuumuuuumum 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter 0f the ) DEFAULT ORDER OF 5 Teaching License of ) REPRIMAND 6 YESENIA SANCHEZ ) 7 8 On May 5, 2011, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Yesenia Sanchez (Sanchez) in which the 10 Commission charged her with Gross Neglect of Duty and Gross Unfitness pursuant to 11 OAR 584-020-oo4o(4)(n), OAR 584-020-0010(5), OAR 584-020-oo4o(3)(b), OAR 12 584-020-0040(4)(c), and OAR 584-020-004o(5)(c). The Notice was sent via U.S. First 13 Class Mail and U.S. Certified Mail Receipt 7010 0290 0001 6831 3759 to the address on 14 file with the Commission. The Certified Mail was signed for by Sanchez on May 7, 2011. 15 The Notice of Opportunity of Hearing, dated May 5, 2011, and signed by Victoria l6 Chamberlain, Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l8 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 19 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF 21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 24 25 Sanchez did not request a hearing. The Commission, therefore, finds Sanchez to be in 26 default and enters the following findings of fact, conclusions of law and order, based on 27 the files and records of the Commission concerning this matter. 28 FINDINGS OF FACI' 29 1. On March 29, 2010, the Commission received Sanchez’s Student Teaching or 30 Practicum Report Form PA-l. Sanchez was then enrolled Eastern Oregon 31 University. 32 2. Sanchez answered “yes” to question, “Have you ever been convicted or been granted 33 conditional discharge by any court for : (a) any felony; (b) misdemeanor, or (c) any 34 major traffic violation, such as: driving under the influence of intoxicants, or drugs; PAGE 1-DEFAULT ORDER OF REPRIMAND - SANCHEZ, YESENIA V 1 reckless driving; fleeing from or attempting to elude a police officer; driving while 2 your license was suspended, revoked, or used in violation of any license restriction; 3 or failure to perform the duties of a driver or witness to an accident.” With her 4 application Sanchez attached the following explanation: 5 “I haven’t been charged with any felonies, only for minor infiactions related to 6 traflic, such as DUI, and negligent driving (misdemeanors). I can guess on the 7 dates of these charges, they occurred in Idaho and it has been at leas [sic] two 8 years since the incident. If you need me to elaborate on itI can get my driving 9 record, or search t0 see if I still have documentation on it.” 10 3. On April 30, 2010, the Commission requested that Sanchez submit, as required, a 11 certified true copy of the disposition of the of the court charges in the case she 12 referenced. On May 10, 2010, the Commission received a more thorough 13 explanation of Sanchez’s criminal convictions, including disclosure of a conviction 14 for negligent driving in Washington, and two driving under the influence (DUII) 15 convictions in Idaho. 16 4. On June 15, 2010, the Commission requested that Sanchez send an alcohol 17 evaluation before granting Sanchez approval for student teaching. Sanchez said she 18 would send the necessary documentation. The Commission sent requests on at least 19 three subsequent occasions for Sanchez to submit additional information. When 20 Sanchez did reply she verbally requested withdrawal of her application. Sanchez was 21 informed that she would need to submit a letter requesting that her application be 22 withdrawn. To date Sanchez has not sent a written request for withdrawal of her 23 application. 24 CONCLUSIONS OF LAW 25 Yesenia Sanchez’s above described conduct constitutes gross neglect of duty in 26 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584- 27 o2o-oo1o(5) (Use professional judgment) ; OAR 584-020-0040(3)(b) (Is charged with 28 knowingly making any false statement in the application for a license 0r registration), 29 OAR 584-020-0040(4)(c) (Knowing falsification of any document or knowing 30 misrepresentation directly related to licensure, employment, or professional duties), PAGE 2-DEFAULT ORDER OF REPRIMAND - SANCHEZ, YESENIA 1 and gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) 2 (Conviction of violating any federal, state, or local law. A conviction includes any final 3 judgment of conviction by a court whether as the result of guilty plea, no contest plea 4 or any other means). 5 The Commission’s authority to impose discipline in this matter is based upon 6 ORS 342.175. 7 FINAL ORDER 8 The Commission hereby imposes a Public Reprimand on Yesenia Sanchez’s 9 licensure. 2M’ 10 IT IS SO ORDERED THIS day of November, 2011. 1 l TEACHER STANDARDS AND PRACTICES COMMISSION l2 . 13 14 WNW 15 Victoria Ch ' , Executive Director 16 17 18 l9 20 NOTICE OF APPEAL OR RIGHTS 21 22 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 23 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE 24 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF 25 ORS 183.482 TO THE OREGON COURT OF APPEALS. 26 PAGE 3-DEFAULT ORDER OF REPRIMAND - SANCHEZ, YESENIA 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 to: Yesenia Sanchez 4823 Bluegrass Ave. Caldwell, ID 83607-1303 Dated this 1;?fiL day of November, 2011. By: i WW Melod Han n Executive Assistant PAGE 1- CERTIFICATE OF MAILING-SANCHEZ, YESENIA