l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 GWENDA DIANE NEALE ) PUBLIC REPRIMAND 6 7 8 On December 21, 2012, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Gwenda Diane Neale (Neale) in which the 10 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class 11 Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0097 to the address on file with the 12 Commission. The Notice designated the Commission file as the record for purposes of proving a 13 prima facie case. The Certified Mail was returned to the Commission labeled “Refused”, on 14 January 7, 2013. The regular mail was not returned to the Commission. The Notice of 15 Opportunity of Hearing, dated December 21, 2012, and signed by Victoria Chamberlain, 16 Executive Director, stated: l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR l9 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 21 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 23 DISCIPLINE.” 24 25 Neale did not request a hearing. The Commission, therefore, finds Neale t0 be in default and 26 enters the following findings of fact, conclusions of law, and final order, based on the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Gwenda Dianne Neale has been licensed by the Commission since July 1, 1970. Neale’s 3O Standard Teaching License, with endorsements in Basic Drama 020; Basic Speech 020; and 31 Standard Language Arts 020, was issued September 29, 2011, and expires on August 20, 32 2017. 33 2. On July 24, 1995, the Commission adopted a Stipulation of Facts and Order of Suspension 34 regarding a Commission investigation into violations of professional practices while Neale was 35 employed by the Hillsboro School District. Neale’s subsequent applications for renewal of her 36 teaching licenses submitted in 1995, 1997, 2002, and 2005, Neale properly answered “Yes” t0 37 Commission character questions related to Neale’s disciplinary sanction of 1995. 0n May 8, 2008, 38 Neale submitted a C-1 application to the Commission for the issuance of a Substitute Teaching 39 License. Neale improperly answered “No” to the character questions of the application that applied PAGE 1-DEFAULT ORDER PUBLIC REPRIMAND- NEALE, GWENDA DIANE 1 to Neale’s prior disciplinary history. This inaccuracy in Neale’s application went undetected by 2 Commission staff and Neale was issued a Substitute Teaching License 0n May 21, 2008. 3 3. On July 18, 2011, the Commission received Neale’s C-1 application for the issuance of a Standard 4 Teaching License; Neale’s application was signed and dated by Neale on July 14, 2o11. Neale again 5 made inaccurate and false statements on this application when she answered “No” to character 6 questions: 4, “Have you ever had any adverse action taken on a professional certificate, license or 7 charter school registration? Have you ever been placed on probationary status for alleged 8 misconduct while holding a professional license, certificate, registration or credential?” and 9 character question 7: “Have you ever been disciplined by any public agency responsible for 10 licensure of any kind, including but not limited to educational licensure?” I 1 CONCLUSIONS OF LAW 12 Neale’s conduct described above constitutes gross neglect of duty in violation of ORS 13 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-02o-oo1o(5) (Use 14 professional judgment); and OAR 584-020-0040(4)(c) (Knowing falsification of any document 15 or knowing misrepresentation directly related to licensure, employment, 0r professional 16 duties). 17 The C0mmission’s authority to impose discipline in this matter is based upon 18 ORS 342.175. l9 FINAL ORDER 20 The Commission hereby issues a Public Reprimand upon Gwenda Dianne Neale’s 21 Educator licensure. - - 22 IT 1s so ORDERED THIS MIA} day of June, 2013. 23 TEACHER STANDARDS AND PRACTICES COMMISSION 24 By: ___— 25 Victoria Chamberlain, Executive Director 26 27 28 NOTICE OF APPEAL OR RIGHTS 29 30 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 31 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 32 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 33 THE OREGON COURT OF APPEALS. PAGE 2—DEFAULT ORDER PUBLIC REPRIMAND- NEALE, GWENDA DIANE CERTIFICATE OF MAILING | hereby certify that l 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: Gwenda Dianne Neale 3527 SE River Rd Hillsboro, OR 97123-9271 Dated this l cI tit day ofJune, 2013. i By: I Pg Liddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— NEALE, GWENDA DIANE l