. BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON ‘
I
In the Matter of the Teaching License of: ) FINAL ORDER
)
Heather Adelrna Ridle ) Office of Administrative
) Hearings Case No. 124879
On November 8, 2006, Administrative Law Judge Alison Greene Webster issued
a Proposed Order in this case.
On December 4, 2006, the Commission received from Ms. Ridle her written
exceptions to the proposed order. The Commission has fully considered the written
exceptions and is now fully advised.
Now, therefore, the Teacher Standards and Practices Commission adopts the
Findings of Fact, Conclusions of Law and sanction contained in the attached Proposed
Order.
' ORDER
The Commission adopts the Proposed Order and denies the January 6, 2005,
application of Heather Adelma Ridle for renewal of her educator license.
Dated this [2 day of January 2007.
TEACHER STANDARDS AND PRACTICES COMMISSION
1 M
Victoria C a berl in, Executive Director
NOTICE: If you are dissatisfied with this Order you may not appeal it until you
have asked the agency to rehear the case or to reconsider the Order. To obtain agency
rehearing or reconsideration you must file a petition for rehearing 0r reconsideration
pursuant to OAR 584-019-0045 within 60 days from the day this Order was served on
. you. If this Order was personally delivered to you, the date of service is the day you
Page l — FINAL ORDERifieather Adelma Ridle

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
. STATE OF OREGON
for the
TEACHER STANDARDS AND PRACTICES COMMISSION
IN THE MATTER OF THE APPLICATION ) PROPOSED ORDER
FOR A TEACHING LICENSE OF )
)
HEATHER RIDLE, ) OAH Case N0. 124879 R EC E I V E D
Applicant ) . .
’ NOV 0 9 2006
HISTORY OF THE CASE PTeaclw' sandal“. 8‘
' ractlces Cornmlssron
On January 6, 2005, Heather Adelma Ridle submitted an Application For Educator
License Form C-l to the Teacher Standards and Practices Commission (TSPC or Commission).
On August 2, 2005, TSPC issued a Notice of Denial of Teaching License and Opportunity for
Hearing. Ridle timely requested a hearing.
TSPC referred the hearing request to the Office of Administrative Hearings (OAH) on
November 21, 2005. On January 4, 2006, TSPC issued an Amended Notice of Denial of
Renewal of Teaching License. The Amended Notice alleged that Applicant failed to furnish
. evidence satisfactory to the Commission of good moral character, mental and physical health,
and such other evidence the Commission considered necessary to establish fitness to serve as an
educator.
Administrative Law Judge (ALJ) Alison Greene Webster was assigned to preside at
hearing. A prehearing conference was held on January 31, 2006. TSPC was represented by
Assistant Attorney General Elizabeth Denecke. Ms. Ridle appeared for the conference in person
and without counsel. -
The hearing was held on October 9, 2006 in Beaverton, Oregon. Ridle appeared in
person and without counsel. TSPC was represented by Assistant Attorney General Jeffrey L.
Dover. The following witnesses testified at the hearing: Heather Ridle; Susan Nisbet, TSPC
, Investigator; Richard Burr; Portland Police Officer Sarah Taylor; J arnes Jenkins; and Michael
Ridle. The record closed at the conclusion of the hearing on October 9, 2006.
ISSUES
1. Whether TSPC was entitled to require that Ridle furnish evidence of her mental health
and fitness to serve as an educator.
2. Whether Ridle‘s failure to respond to the Commission's request for evidence of her
mental fitness to serve as an educator from a licensed physician provides grounds for denying
. licensure under ORS 342.143, OAR 584-050-0006(5) and/or 584-020-0040(4)(p).
In the Matter of Heather Ridle, OAH Case No. 124879
Page 1 of 10 ,

I EVIDENTIARY RULINGS
Exhibits A1 to A14, offered by TSPC, and Exhibits E1 through E12, E14, E16, E17 and
E19 through E24, offered by Ms. Ridle, were admitted into the record without objection
FINDINGS OF FACT
‘ l. Applicant Heather Ridle began working as an elementary school teacher for the
Woodburn School District in 1976. (Test of Ridle.)

2. In November 2000, Ridle was scheduled to undergo knee surgery. The surgery was
delayed until January 2001, but Ridle remained on leave from work. During this same time
period, the school district also had concerns about Ridle's general fitness for duty. After the

_ surgery, in March 2001, the district agreed to continue her medical leave for the remainder of the
school year, conditioned upon receiving a physician's release regarding her mental and physical
fitness for duty by August 1, 2001. (Ex. A5.)

3. On or about May 13, 2001, Ms. Ridle left her home in Northeast Portland and took a
bus downtown. She originally planned to stay at the "Y" because she had locked herself out of
the house while doing some renovation work. She got off the bus on Sixth Avenue near the

I Portland Hilton, and checked into the Hilton instead. (Test. of Ridle.)

4. At some point in the morning of May 13, 2001, Ridle heard noises from the hotel
room next door. Believing that someone, perhaps a man in the room next door, was attempting
to break into her room, Ridle barricaded herself in the room. (Test. of Ridle.) At about 9:00
a.m., Ridle called the front desk and asked for hotel security. Security responded, and knocked
on her door, but Ms. Ridle did not answer. (Test. of Ridle; Ex. A8.) ‘

i

5. About a half hour later, hotel security received a noise complaint about Ridle's room
(Room 820) from the room next door (Room 821). Two security officers responded and
knocked on Ridle's door again, but she refused to open it. She claimed that her phone was not
working, and requested that it be turned back on. The security officers warned Ridle that if they
received any further complaints about noise from her room, they would ask her to leave the
premises. They also checked the status of the phone in her room, and determined that it was
working. (Ex. A8.)

6. At about 11:00 a.m., the person in room 821 called hotel security again to complain
about noise coming from Ridle's room. A hotel security officer and the manager on duty,
Richard Burr, responded. They asked Ridle to open the door. They also asked that she leave the
premises. She did not open the door. Burr talked to Ridle through the closed door. During this
conversation, Ridle told Burr that she had torn up the hotel room. She said that she had a gun
and bullets. She also said something about jumping out the window. Concerned about Ridle's

. welfare, Burr called the police t0 check on her. (Exs. A8 and A1; test. of Burr.)
In the Matter of Heather Ridle, OAH Case No. 124879
Page 2 of 10

. 7. Portland Police Officers Taylor and Whitcanack responded to the Hilton Hotel. Burr
advised them that Ridle said that she had destroyed the room, that she had a gun and bullets and
that she had threatened to jump out the eighth story window. (Ex. A1; test. of Burr; test. of

Taylor.) '
8. Officers Taylor and Whitcanack knocked on the door to Ridle's room and announced
themselves as Portland Police. She yelled back that she was on the phone and did not know if
they were really the police.1 Using hotel security's key, the officers tried to open the door to
room 820. The door opened only slightly, because Ridle had moved the television cabinet and a
nightstand in front of the door in the narrow entryway. Afier talking with Ridle for about 20
minutes, the officers convinced her to move the nightstand, which allowed them to push the
cabinet out of the way and gain entry into the room. (Test. of Taylor; Ex. Al.)
9. Once inside the room, the officers took Ridle into custody. The room was a mess.
There was food and trash on the floor. The sheets were off the bed, tied together and hanging
out the window. Officer Taylor saw a .22 caliber semi-automatic handgun in a bag on the
window sill. A few feet from the gun, Officer Taylor saw a clip with five rounds of ammunition.
Ridle's clothing and hair were disheveled. Ridle would not respond to questions about the gun
and would not make eye contact with Officer Taylor. (Test. of Taylor; Ex. Al .) p

10. Burr entered the room after the officers. He also saw that the room was "in

shambles." He saw the sheets hanging out the window. He noted that a screen was taken off an
' air vent and a pillow was pushed into it. Burr also saw money (what appeared to be several $100

bills) clipped to hanger that was hanging from a light fixture. (Test. of Burr.)

> ll. After taking Ridle into custody, Officer Taylor searched her person. Officer Taylor

found a phone bill stuffed in the crotch area inside the jeans Ridle was wearing. Ridle was

mumbling and appeared incoherent. Officer Taylor transported Ridle fi'om the Hilton to Oregon

Health Sciences University (OHSU) hospital for a psychiatric evaluation. (Test. of Taylor; Ex.

Al .)

12. Ridle was evaluated by an OHSU physician and admitted to the psychiatric unit for
treatment. (Test. of Taylor; Ex. E2.) Seven days later, on the afiernoon of May 20, 2001, she
lefi the hospital against medical advice.2 (Ex. A2.) Ridle's physicians believed that her
psychiatric condition was not yet under control. (Ex. A4.)

13. On May 21, 2001, Ridle met with Walt Blomberg, Personnel Director for Woodburn
Schools. She advised that she could not return to work because of her mental condition. She
promised to provide a physician's verification of her inability to return to work. (Ex. A5.) Ridle
did not want to return to work at that time, because there were just a few weeks left in the school
year. She also did not want her employer to know that she had been hospitalized in the
l Ridle was talking on the phone to her friend Jim Jenkins, an attorney in Atlanta, Georgia. (Test. of
Jenkins; test. of Ridle; Ex. El.)

. 2 Ridle decided to leave the hospital because she felt she "had to." She believed that if she did not show
up at work on the morning of May 21, 2001, she would have been fired. (Test. of Ridle.)
In the Matter ofHeather Ridle, OAH Case No. 124879
Page 3 of 10 '

psychiatric unit, as she believed the information would be used as a basis for her termination.
. (Test. of Ridle.)

l4. In August 2001, the Superintendent of Woodbum Schools notified Ridle that he was
recorrnnending that she be dismissed from her teaching position with the School District due to
"physical or mental incapacity." The Superintendent's determination was based, in part, on
Ridle's failure to provide written confirmation from a physician stating that she was mentally fit
for duty or that her mental condition had changed fi'om May 2001, when she was hospitalized in
the OHSU psychiatric unit. The Superintendent also recommended dismissal based on neglect of
duty. (Ex. A5.) The Board approved the Superintendent's recommendation and terminated
Ridle's employment with the Woodbum Schools on September 26, 2001. (Test. of Ridle; Ex.
A14.)

15. Ridle did not appeal the Board's decision a timely manner, and her termination
became final. (Ex. A14.)

l6. In January 2005, Ridle applied to TSPC for renewal of her educator license. In the
application, she disclosed that she had been dismissed by Woodbum Schools following an
investigation of alleged misconduct or alleged violation of professional standards of conduct. In
an attached letter of explanation, she claimed that she was fired based on hearsay and
"sensational gossip." She further claimed that she was unaware of the lO day time limit within
which to appeal her dismissal, and therefore "never given an opportunity to deny or defend" the

' allegations. (Ex. A14 at 4-6.)

17. Ridle's applicationfor renewal was referred to TSPC Investigator Susan Nisbet to
investigate the circumstances of her dismissal from the Woodbum School District. Nisbet met
with Ridle on May ‘l 1, 2005. Nisbet asked Ridle about the reasons for her dismissal. Ridle
discussed some of the challenges she faced during her last few years in the classroom. She also
addressed, among other things, her need for knee surgery in late 2000, her Fall 2000 arrest for
DUII (and subsequent acquittal), the incident at the Portland Hilton and her week-long
hospitalization in OHSU's psychiatric unit in May 2001. (Ex. E7 at 1-13) i

l8. During the meeting, Nisbet explained that TSPC needed additional information .
before it would consider granting her the license. Nisbet advised Ridle that she needed to submit
a physician's release indicating that she was both mentally and physically fit to serve as an
educator. Nisbet advised that the release had to come from a licensed physician, "an M.D." (Ex.
E7 at 28-33.) Ridle objected to having to prove her mental fitness. She understood, however,
that TSPC would not approve her application without a physician's release indicating she was fit
to return to work. (Ex. E7 at 38-40; Ex. A7.)

l9. On August 2, 2005, TSPC notified Ridle of its decision to deny her application for a
teaching license based on her failure to furnish satisfactory evidence of her mental fitness to
serve as an educator. (Pleading Pl.)

20. In January 2006, Ridle obtained a letter from her chiropractor, Usha Honeyman.

. Honeyman explained that Ridle had been a patient since January 1998. Honeyman also
In the Matter of Heather Ridle, OAH Case No. 124879
Page 4 of 10

. indicated that Ridle's "state of mind now is not different than her state of mind when she was
employed." Therefore, in Honeyrnan's opinion, Ridle "is mentally and physically fit to teach."
(Ex. E12.)
CONCLUSIONS OF LAW
l. TSPC is entitled to require that Ridle furnish evidence of her mental health and fitness
to serve as an educator.
2. Ridle's failure to respond to the Commission's request to provide evidence of her
mental fitness to serve as an educator fiom a licensed physician provides grounds to deny her
licensure under ORS 342.143, OAR 584-050-0006(5) and/or 584-020-0040(4)(p).
OPINION
TSPC is the agency authorized to issue teaching licenses in the State of Oregon. Under
ORS 342.143, TSPC may require an applicant for a teaching license "to furnish evidence
satisfactory to the commission of good moral character, mental and physical health, and such
other evidence as it may deem necessary to establish the applicant's fitness to serve as a teacher."
OAR 584-050-0006 sets out criteria for denying issuance of licenses. Under OAR 548-
05 0-0006(5), TSPC shall deny a license when "the Executive Director has evidence that the
. applicant may lack fitness to serve as an educator." TSPC may also refuse to license an
applicant who is charged with gross neglect of duty. Gross neglect of duty is defined as any
serious and material inattention to or breach of professionalresponsibilities. OAR 584-020-
0040(4). An applicant's failure or refusal to respond to requests for information from the
Commission or to furnish requested documents may constitute gross neglect of duty. OAR 584-
020-0040(4)(p).
In this case, TSPC alleges that, as evidenced by her behavior on or about May l3, 2001,
Ridle may lack fitness to serve as an educator due physical or mental incapacity. TSPC finther
alleges that Ridle's failure to provide evidence of her fitness to serve as an Oregon educator or
her failure to respond to the Commission's request to furnish documents constitutes a violation of l
OAR 584-020-0040(4)(p) and a basis for denial oflicensure. '
In a license application proceeding, an applicant has the burden of establishing his or her
fitness to obtain the license. Sobel v. Board of Pharmacy, 130 Or App 374 (1994). But, as the
proponent of the position that Ridle's application for renewal should be denied, TSPC bears the
burden of presenting evidence. ORS 183.450. Therefore, TSPC must show that Ridle may lack '
fitness to serve as an educator and/or that she engaged in conduct constituting gross neglect of
duty.
TSPC cites to Ridle's behavior on May 13, 2001 and her admission to OHSUs
psychiatric unit as evidence that she may lack fitness to serve as an educator. TSPC cites to
Ridle's failure to flJIl'liSh a physician's report of mental fitness as evidence of gross neglect of
duty. Ridle, on the other hand, questions TSPC's authority to require that she furnish evidence of
In the Matter of Heather Ridle, OAH Case No. 124879
Pane 5 of 10

mental fitness in the form of a physician's release. She also contends that her conduct on May

. l3, 2001 should not have given rise to any concern about her fitness to serve as an educator.
Specifically, Ridle challenges the officer‘s decision to take her to OHSU for a psychiatric
evaluation and the hospital's decision to admit her for treatment. Ridle also contends that the
incident at the Portland Hilton is unrelated to her duties as an educator, and therefore should not
impact her license application. Finally, Ridle asserts that any physician would have to review
her entire employment file before evaluating her fitness to serve as an educator, and she does not
have the resources to pay for such a forensic evaluation.

TSPC is expressly authorized under ORS 342.143 to require that an applicant furnish
evidence of mental and physical health. It is reasonable for TSPC to demand that such evidence
come from a licensed physician. Further, an applicant's mental and physical health is directly
related to his or her fitness to serve as a teacher. Therefore, contrary to Ridle's contention, TSPC
has the authority to demand that she furnish the agency with a return to work release from a
licensed physician. Having received information regarding Ridle's conduct at the Portland

. Hilton on May 13, 2001 and her subsequent week-long hospitalization in the psychiatric ward,
TSPC had legitimate concems about her fitness to teach. Therefore, notwithstanding Ridle's
claim that she was acting rationally at the Hilton and should not have been admitted to OHSU,
TSPC is entitled to demand that she provide competent evidence of her mental fitness.

Ridle has not furnished satisfactory evidence of her mental health and fitness to serve as
an elementary school teacher. She has not submitted the required return to work release from a
licensed physician. The January 2006 letter fiom chiropractor Honeyman does not satisfy the

. agency's request because Honeyman is not a medical doctor or an expert in assessing mental

‘ health. Moreover, because Honeyrnan's opinion offers little or no explanation and does not
address Ridle's behavior on May l3, 2001 or her admission to OHSU, it is not persuasive
evidence of Ridle's fitness to teach. See, e.g., Somers v. SAIF, 77 Or App 259 (1986)
(recognizing that conclusory and unexplained medical opinions are entitled to little weight).

Consequently, on this record, given Ridle's failure to submit evidence from a licensed
physician indicating that she is mentally healthy and fit to serve as a teacher, TSPC is entitled to
deny her application for renewal. In addition, her failure to furnish this documentation
constitutes goss neglect of duty under OAR 584-020-0040(4)(p).

l
In the Matter of Heather Ridle, OAH Case No. 124879
Page 6 of 10

. ORDER
I propose the Teacher Standards and Practices Commission issue the following order:
The January 6, 2005 application of Heather Adelma Ridle for renewal of her educator
license is denied.
Alison Greene Webster
Alison Greene Webster, Administrative Law Judge
‘ . . , Office of Administrative Hearings
MAILING AND ISSUE DATE: November 8, 2,006
In the Matter of Heather Ridle, OAH Case No. 124879
Page 7 of 10

. EXCEPTIONS
The proposed order is the Administrative Law Judge's recommendation to the Teacher
Standards and Practices Commission. If you disagree with any part of this proposed order, you
may file written objections, called "exceptions," to the proposed order and present written
argument in support of your exceptions. Written argument and exceptions must be filed within
fourteen (14) days after mailing of the proposed order with the:
Teacher Standards and Practices Commission
465 Commercial Street, NE
Salem, Oregon 97301
The Commission need not allow oral argument. The Executive Director may permit oral
argument in those cases in which the Director believes oral argument may be appropriate or
helpfiil to the Commissioners in making a final determination. If oral argument is allowed, the
Commission will inforrn you of the time and place for presenting oral argument.
l
In the Matter of Heather Ridle, OAH Case No. 124879
Page 8 of 10

. APPENDIX A
LIST OF EXHIBITS CITED
Ex. Al: Special Report by Portland Police Officer Sarah Taylor, dated 5/13/2001
Ex. A2: Discharge of Patient from Hospital Against Medical Advice, dated 5/20/01
Ex. A4: Letter to Attorney Olney from Lawrence H. Sacks, MD, dated 6/5/01
Ex. A5: Letter to Ridle from Jack Reeves, Superintendent Woodburn Schools, dated
8/22/01
Ex. A7: ‘ Letter to Nisbet from Ridle, dated~7/5/Ol
Ex. A8: Portland Hilton Incident Report, dated 5/ 13/ 01
Ex. A14: Application for Educator License Form C-1, dated 1/6/05
Ex. E7 : Transcript of TSPC Investigative Interview, dated 5/1 l/05
. Ex. E12: Letter from Usha Honeyman, DC, dated 1/20/06 I
O
In the Matter ofI-Ieather Ridle, OAH Case No. 124879
Page 9 of 10

. CERTIFICATE OF SERVICE

I certify that on November 8, 2006, I served the attached Proposed Order by mailing in a sealed

envelope, with first class certified postage prepaid, a copy thereof addressed as follows:

HEATHER RlDLE

PO BOX 56674

PORTLAND OR 97238

SUSAN NISBET

TEACHERS STANDARDS AND PRACTICES

465 COMMERCIAL ST NE

SALEM OR 97301 ‘
l

JEFFREY L DOVER

ASSISTANT ATTORNEY GENERAL .

DEPARTMENT OF JUSTICE

1162 COURT ST NE

. SALEM OR 97301-4096
Pamela Arcari, Administrative Specialist
Office of Administrative Hearings
In the Matter ofHeather Ridle, OAH Case No. 124879
Page 10 of lO