1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License 0f ‘ ) FINAL ORDER OF SUSPENSION g ANGELA REGINA CANTW ELL ) AND PROBATION 7 On or about September 27, 2010 the Teacher Standards and Practices 8 Commission (Commission), during a routine background check related to ending a 9 previous probationary period for Angela Regina Cantwell (Cantwell), discovered arrests 1O and criminal convictions not reported to the Commission. 1 1 After review of the matters alleged, Cantwell and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation to 13 certain facts and the imposition of a one year Suspension and four year Probation. 14 By signing below, Cantwell acknowledges, understands, stipulates, and agrees t0 15 the following: (i) she has been fully advised of her rights to notice and a hearing to 16 contest the findings of fact, conclusions of law, and order set forth below, and fully and 17 finally waives all such rights and any rights to appeal or otherwise challenge this 18 Stipulation of Facts and Final Order of Suspension and Probation (Stipulation and Final 19 Order); (ii) this Stipulation and Final Order is a public document and disclosed to the 20 public upon request by the Commission; (iii) this Stipulation and Final Order is 21 contingent upon and subject t0 approval and adoption by the Commission. If the 22 Commission does not approve and adopt this Stipulation and Final Order, then neither 23 Cantwell nor the Commission are bound by the terms herein; (iv) she has fully read this 24 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without 25 any force or duress, enters into this Stipulation and Final Order and consents to issuance 26 and entry of the Stipulated Final Order below; (vi) she states that no promise or 27 representation has been made t0 induce her to sign this Stipulation and Final Order; and 28 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and 29 has been fully advised with regard to her rights thereto, or waives any and all rights to 3O consult with an attorney prior to entering into this Stipulation and Final Order and 31 issuance and entry of the Stipulated Final Order below, 32 / / / 33 / / / 34 / / / 35 / / / Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION — CANTWELL 1 STIPULATION OF FACTS 2 1. The Commission has licensed Cantwell since April 11, 1986. Cantwell’s current 3 Basic Teaching License, with an endorsement in Basic Elementary Education, 4 issued on September 8, 2008, is valid until September 27, 2011. Cantwell was 5 employed by the Centennial School District from 1990- 2005. During the 2006- 6 .. 2007 school year Cantwell held a temporary position with the Lake Oswego ’ 7 School District. Following that position Cantwell substitute taught during the I 8 2008/ 2009 and 2009/2010 school years in various districts, including North 9 Clackamas. Cantwell was hired into a temporary position for the 2010-11 school 1O year at North Clackamas to fill in for an educator 0n leave. 1 1 2. On August 9, 2005 the Commission adopted a stipulated agreement, imposing a 12 Public Reprimand and four years probation upon Cantwell’s Basic Teaching 13 License. The basis for the Commission’s action was: I 14 a. On November 8, 2003 Cantwell was arrested in Clackamas County 15 Oregon for Driving Under the Influence of Intoxicants (DUII), Reckless I 16 Endangering, and Criminal Mischief. 0n February 6, 2004, Cantwell pled 17 guilty to DUII and Reckless Endangering. The Clackamas County Circuit 18 Court granted Ms. Cantwell Diversion for DUII and dismissed the 19 Criminal Mischief charge. On March 28, 2004, the Court extended Ms. 2O Cantwell’s Diversion to September 28, 2005. 21 b. On November 22, 2004, prior to a Parent-Teacher conference, Ms. 22 Cantwell consumed vodka in her vehicle while it was parked on school 23 property. 24 c. On January 14, 2005, Ms, Cantwell was arrested for Driving Under the 25 Influence in Cowlitz County Washington. 26 d. On February 3, 2005, Ms. Cantwell voluntarily entered Serenity Lane for 27 in-patient alcohol treatment. Prior to February 3, 2005, the Centennial 28 School District granted Ms. Cantwell’s request for medical leave for the 29 remainder of the 2004-2005 school year. On May 5, 2005, Ms. Cantwell 3O entered into a Last Chance Agreement with the Centennial School District 31 placing her on probation and requiring her to successfully complete 32 treatment. 33 3. As part 0f the 2005 agreement, Cantwell agreed to submit to the Executive 34 Director of the Commission reports of her compliance with the aftercare Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION — CANTVVELL 1 treatment plan. Ms. Cantwell agreed to provide these reports every six months 2 during her probation, 0n or before: February 5, 2006; August 5, 2006; February 3 5, 2007; August 5, 2007; February 5, 2008; August 5, 2008; February 5, 2009; 4 and August 5, 2009. 5 4. Furthermore, Ms, Cantwell agreed to report in writing within ten days to the 6 Executive Director of the Commission any arrest or citation for any felony, 7 misdemeanor, major traffic violation or violation of criminal probation, and that 8 she would comply with the Standards for Competent and Ethical Performance of 9 Oregon Educators under Oregon Administrative Rules Chapter 584, Division A 1 0 020. 1 1 5. On October 3, 2008, Cantwell was arrested for DUII, and convicted of this DUII 12 on April 28, 2009. 13 6. In 2008 Cantwell was arrested, and later convicted, for misdemeanor Burglary II. 1 4 15 7. Cantwell’s burglary arrest arose out of a domestic dispute wherein she entered 16 the unlocked home 0f her former spouse to deliver items for her daughter. 17 8. Cantwell did not report either arrest or conviction t0 the Executive Director 0f the 18 Commission within 10 days as required by her 2005 probation. Cantwell 19 voluntarily re-entered Awakenings by the Sea for in-patient alcohol treatment 0n 20 April 29, 2009. Although Cantwell recalls writing a letter to the Commission 0n 21 May 1, 2009 informing the Commission of her relapse, treatment, the DUII arrest 22 and conviction, and the burglary arrest and recalls placing the letter in the 23 outgoing mail basket at the treatment facility, the Commission did not receive the 24 I letter. The treatment facility acknowledges that it has had problems with 25 outgoing mail. 26 IT IS SO STIPULATED: 5; m.‘ ‘11%.ch Z [/6111 29 Q 3O Ange M'- _ina Cantw Y _ Date / 2; , AAA l/M». AAA 33 ‘ctoria Chamwecutive Director Date 34 Teacher Standards and Practices Commission 35 / / / 36 / / / Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION — CANT\NELL 1 CONCLUSION OF LAW 2 Angela Regina Cantwell was arrested and convicted of burglary. Cantwell was also 3 arrested and convicted for DUII. This conduct constitutes gross unfitness in violation of 4 OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, 0r local law. A 5 conviction includes any final judgment of conviction by a court whether as the result of 6 guilty plea, no contest plea or any other means), OAR 584-020-0040(5)(e) (Admission 7 of or engaging in acts constituting criminal conduct, even in the absence of a conviction). 8 Cantwell did not report either of her arrests or convictions to the Commission as 9 required by April 5, 2005 agreement. This conduct constitutes gross neglect of duty in 10 violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584- 1 1 020-0010(5) (Use professional judgment), and OAR 584-o2o-oo4o(4)(k) (Knowing 12 violation of any order or rule of the Commission). ‘I 13 The Commission’s authority to impose discipline in this matter is based upon ORS . 1 4 342.175. 1 5 ORDER 16 Based on the foregoing, the Commission hereby orders as follows: 17 1. Angela Regina Cantwell’s Basic Teaching License is hereby suspended for a 18 period of one year; 19 2. Cantwell is hereby placed on probation for a period of 4 years from the date this 20 order is signed by the Commission subject to the following conditions: 21 a. Ms. Cantwell will report in writing within ten days, t0 the Executive 22 Director of the Commission, any arrest or citation for any felony, 23 misdemeanor, or major traffic violation, and 24 b. Ms. Cantwell shall comply with the Standards for Competent and Ethical 25 Performance of Oregon Educators under Oregon Administrative Rules 26 Chapter 584, Division 020. Page 4 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION — CANTWELL I 1 Violation of any term or condition of probation shall constitute an independent basis 2 for the Commission to revoke Ms. Cantwell’s teaching license, revoke her right to 3 apply for a license, or otherwise impose discipline, after first providing Ms. Cantwell 4 with notice and opportunity for heZa/ing. 5 Issued and dated this 322! day of July, 2011. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 STATEOF 0.‘. GON . . / / 8 M7 ‘ 9 By Ids/MA Annual M/ _ 1O Victoria Chamber " 'utive Director Page 5 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION — CANTWELL