1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Q OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF REPRIMAND 5 LORI D. LENEVE ) AND PROBATION E7S On or about December 13, 2004, the Teacher Standards and Practices 8 Commission (Commission) received a report from Linda Borquist, Associate 9 Superintendent for Human Resource and School Support, Beaverton School District, 10 indicating that Lori D. Leneve (Leneve) violated Standards on November 17, 2004, by 11 appearing on duty under the influence of alcohol. 12 Ms. Leneve fully cooperated with the Commission‘s investigation. After review of 13 the matters alleged, Ms. Leneve and the Commission agree that their respective 14 interests, together with the public interest, are best served by a stipulation to certain Q facts, the imposition of a Public Reprimand and a four (4) year probation. 16 This Order sets forth the facts upon which the parties have agreed and the 17 sanction to be imposed. Ms. Leneve stipulates that there are sufficient facts contained 18 in the Commission’s files and records to support the findings ot fact and conclusions of 19 law set forth below. In entering into this stipulation, Ms. Leneve waives the right to a 20 hearing to contest the findings of fact, conclusions of law and order set forth below. 21 Ms. Leneve understands that the probation will be subject to specific conditions. 22 STIPULATION 0F FACTS 23 1. The Commission has licensed Lori Leneve since 1989. Ms. Leneve currently 24 holds a Basic Teaching License issued March 3, 2005, valid until March 2, 2008, with a . Basic Elementary Endorsement. Page 1 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Leneve 1 2. Ms. Leneve has served as an Oregon Licensed Educator for 16 years. There ‘ are no prior complaints regarding Ms. Leneve on file with the Commission. 3 3. Ms. Leneve has been employed as a teacher for the Beaverton School District 4 since 1989. 5 4. On September 11, 2004, Ms. Leneve was arrested for Driving Under the 6 Influence of Alcohol. The District investigated the matter and Ieamed that, on 7 September 11, 2004, Ms. Leneve had been charged with DUII and subsequently, been 8 granted permission to participate in a court-approved diversion alcohol treatment 9 program, which had not yet begun. 10 5. On November 17, 2004, Ms. Leneve reported for duty while under the 11 influence of alcohol. On or about November 29, 2004, Ms. Leneve entered into a last 12 chance agreement with the District requiring participation in and completion of the court- ‘ approved alcohol treatment program. 14 6. On December 6, 2004, Ms. Leneve began the intensive, court-approved 15 alcohol treatment program through Change Point. Since then, she has complied with all 16 program requirements. In addition, she has sought personal counseling and is regularly 17 attending Alcoholics Anonymous meetings 18 7. Ms. Leneve has taken responsibility for her alcohol abuse and has agreed to 19 the plan of treatment and aftercare as prescribed by her treatment provider, Change 20 Point. 21 Lori Leneve enters into this Stipulation of Facts with the knowledge that the 22 Teacher Standards and Practices Commission will place her on probation for a period of 23 four (4) years. This Stipulation is contingent upon approval and adoption of the Order 24 by the full Commission. If the Commission does not adopt this Order, neither O Page 2 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Leneve 1 Ms. Leneve nor the Commission are bound by these stipulations and Ms. Leneve . retains the right to a hearing on the allegations. 3 IT IS SO STIPULATED: 2 My, [2, (MM 524/425 6 Lorl .e.‘ eve ‘ Date 7W 25—__'/?/W 8 Victoria Chambn, Executive Director Date 9 Teacher Standards and Practices Commission 10 CONCLUSIONS 0F LAW 11 Lori D. Leneve violated OAR 584-020-0040(5)(c) by driving while under the 12 influence of alcohol on September 11, 2004, and having been arrested by the 13 Beaverton Police Department. This misconduct constitutes Gross Untitness. 14 Lori Leneve violated OAR 584-020-0040(4)(g) by appearing on duty while under . the influence of alcohol on November 17, 2004, at McKinley Elementary School in the 16 Beaverton School District. This misconduct constitutes Gross Neglect of Duty. The 17 Commission's authority to impose discipline in this matter is based upon ORS 342.175. 18 /// 19 /// 2O /// I Page a STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Leneve 1 ORDER Q The Commission adopts the above stipulation of facts and imposes a Public 3 Reprimand upon Ms. Leneve. This Stipulation of Facts, Order and Probation 4 constitutes the Reprimand. 5 Furthermore, the Commission imposes a four (4) year probation upon 6 Ms. Leneve subject to the following conditions. 7 1. Ms. Leneve shall, at her own initiative and expense, continue to obtain 8 treatment for alcohol dependency as recommended by her alcohol treatment provider; 9 2. During the period of her probation, Ms. Leneve shall submit to the Executive 10 Director of the Commission reports of her compliance with the treatment plan. 11 Ms. Leneve shall provide these reports every six (6) months during her probation, on or ‘ before: February 5, 2006; August 5, 2006; February 5, 2007; August 5, 2007; 13 February 5, 2008; August 5, 2008; February 5, 2009; and August 5, 2009; 14 3. Ms. Leneve shall sign a consent form authorizing the Commission to request 15 the treatment provider or counselor to provide, a summary report, as necessary 16 verifying Ms. Leneve’s continued compliance with treatment requirements; and 17 4. Ms. Leneve shall comply with all Standards for Competent and Ethical 18 Performance under Chapter 584, Division O20. I 19 If Ms. Leneve does not comply with her treatment plan based on the reports of I 20 her treatment provider or as otherwise determined by the Executive Director she shall ‘ 21 be in violation of the terms of this probation. Violation of the terms of this probation may ‘ constitute an independent basis for the Commission to impose discipline, up to and Page 4 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION — Leneve 1 including revocation of Ms. Leneve’s teaching license subject to Ms. Leneve’s right to a Q hearing on the issue of whether she violated probation. 3 IT IS SO ORDERED this g day of August, 2005. 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 ' . . 6 B ‘ 74,171,447/(flc'J/1/L/ 7 ictoria Cha rl 'n, Executive Director 8 Ap roved as to form: 9 MM 1O Aruna A. Masih OSB# 97324 11 Attorney for Lori Leneve [0518051 I Page 5 STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - Leneve