1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the Educator ) DEFAULT ORDER OF

5 License of ) REVOCATION OF RIGHT TO

6 SANDRA KAY SMIGGS ) APPLY FOR AN EDUCATOR LICENSE

7

8

9 On August 1, 2013, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Sandra Kay Smiggs (Smiggs) in which the
11 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First
12 Class Mail and U.S. Certified Mail Receipt 7011 2000 0001 1282 3848 to the address on file
13 with the Commission. The Notice designated the Commission file as the record for purposes
14 of proving a prima facie case. The Certified Mail receipt was returned, signed to the
15 Commission on August 5, 2013. The regular mail was not returned t0 the Commission. The
16 Notice of Opportunity of Hearing, dated August 1, 2013, and signed by Victoria
17 Chamberlain, Executive Director, stated: ,
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Smiggs did not request a hearing. The Commission, therefore, finds Smiggs to be in default
27 and enters the following findings of fact, conclusions of law, and final order, based on the
28 files and records of the Commission concerning this matter.
29 FINDINGS OF FACI‘
30 1. Sandy Smiggs has been licensed since September 6, 1996. Smiggs held a Substitute
31 Teaching License issued December 9, 2008, with an endorsement in Substitute Any
32 Specialty (PP-12), which expired on June 15, 2012. Smiggs has not made application for
33 renewal.
34 2. On April 4, 2012, the Commission learned that on January 4, 2010, Smiggs had been
35 arrested for Criminal Mistreatment in the First Degree — Class C Felony; Child Neglect in
36 the Second Degree — Class A Misdemeanor; and Failure to Report Child Abuse —
37 violation. The Commission further learned that on January 11, 2012, Smiggs was

‘ PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- SMIGGS, SANDRA KAY

1 convicted of Child Neglect in the Second Degree, a Class A Misdemeanor. A copy of the
2 Wasco County Circuit Court Judgment indicates that as part of Smiggs’ sentencing,
3 Smiggs is not to have any contact with children under the age of ten years for a period of
4 one year, in addition to other requirements.
5 CONCLUSIONS OF LAW
6 Smiggs’ conduct as described above constitutes gross neglect of duty in violation of
7 ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-o2o-oo1o(5)
8 (Use professional judgment). This conduct also constitutes gross unfitness in violation of
9 ORS 342.175(1)(c); OAR 584-o2o-oo4o(5)(c) (Conviction of violating any federal, state, or
j 10 local law. A conviction includes any final judgment 0f conviction by a court whether as the
11 result 0f guilty plea, no contest plea or any other means), and OAR 584-020-0040(5)(e)
12 (Admission of or engaging in acts constituting criminal conduct, even in the absence of a
13 conviction).
14 The Commission’s authority to impose discipline in this matter is based upon
15 ORS 342.175.
l6 FINAL ORDER
17 The Commission hereby revokes Sandy Kay Smiggs’ Right to Apply for an Educator
18 license.
i a‘
19 IT IS so ORDERED THIS go " ilay of October, 2013.
20 TEACHER STANDARDS AND PRACTICES COMMISSION
21 By:
22 Victoria Chamberlain, Executive Director
23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
27 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
28 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
29 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- SMIGGS, SANDRA KAY

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of final order, certified by me as such, by
1 mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to:
Sandra Kay Smiggs
4537 Garden Ct SE
Salem, OR 97317-6034
cl
Dated this ‘92 n day of October, 2013.
By:
Pa Li dell
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING— SMIGGS, SANDRA KAY