l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION g OF THE STATE OF OREGON ; j In the Matter of the Educator License of ) DEFAULT ORDER OF THIRTY DAY l 5 ANA MARTINEZ RAMIREZ ) SUSPENSION OF i 6 ) EDUCATOR LICENSE i 9 On September 5, 2014, the Teacher Standards and Practices Commission (Commission) I 0 issued a Notice of Opportunity for Hearing to Ana Martinez Ramirez (Ramirez) in which the I I Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail | 2 and U.S. Certified Mail Receipt 7012 1010 0003 2804 4708 to the address on file with the I 3 Commission. The Notice designated the Commission file as the record for purposes of proving a l4 prima facie case. The Certified Mail receipt was returned signed to the Commission 0n September I 5 15, 2014. The regular, first class mail was not returned t0 the Commission, and is assumed to have l 6 been delivered. The Notice of Opportunity 0f Hearing, dated September 5, 2014, and signed by I 7 Victoria Chamberlain, Executive Director, stated: I 8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, l 9 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 20 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF 2 I YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE 22 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE 3i REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 55 Ramirez did not request a hearing. The Commission, therefore, finds Ramirez t0 be in default and 36 enters the following findings of fact, conclusions 0f law, and final order, based on the files and Z7 records of the Commission concerning this matter. 28 FINDINGS OF FACT 19 1. Ana Martinez Ramirez has been licensed by the Commission since November 1, 2002. Ramirez 30 holds an Initial II Teaching License, issued September 6, 2012, with an endorsement in Multiple 3 l Subjects (ECE,ELE), which expires on September 5, 2015. Ramirez also holds a Conditional 32 Assignment Permit with an endorsement in Family and Consumer Science (HS) that was issued 33 September 18, 2012, and expires on September 18, 2015. During all relevant times, Ramirez was 34 employed by the Douglas County School District 4. 35 2. On December 12, 2012, the Commission was notified by the Douglas County School District that 36 Ramirez may have violated professional standards by failing to provide 60 days’ notice of 37 resignation as required by contract and state law ORS 342.5530). 38 39 PAGE 1-DEFAULT ORDER OF 30 DAY SUSPENSION OF EDUCATOR LICENSE- ANA MARTINEZ RAMIREZ I 3. Subsequent investigation determined the following: 2 3 a) On October 4, 2012, Ramirez signed a Temporary Licensed Employee Contract with the i 4 Douglas County School District for the 2012 — 2013 school year. Under the Conditions of the 5 contract, item 9 provides the contract is binding unless the teacher gives 60 days written 6 notice of termination to the district superintendent or be subject to possible discipline as set 7 forth under ORS 342.553(1). 8 b) On November 15, 2012, the Human Resources Office of Roseburg High School received 9 Ramirez’s written resignation dated November 14, 2012, and stating Ramirez’s last day I 0 would be December 7, 2012. Principal Goirigolzarri reminded Ramirez of her contractual | I requirement to provide 60 days’ notice. On November 26, 2012, Ramirez sent an email to I 2 Goirigolzarri advising her that Ramirez’s last day at work would now be November 30, 2012. I 3 Ramirez’s resignation only provided 10 working days of notice to the school district, causing I 4 significant difficulties and requiring the district t0 hire a substitute teacher to fill the vacancy I 5 until a qualified replacement could be found. I 6 CONCLUSIONS 0F LAW I 7 Ramirez’s conduct described above, constitutes gross neglect of duty in violation 0f ORS I 8 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional I 9 judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and regulations); 20 and OAR 584-o2o-oo4o(4)(j) (Resignation from a contract in violation ofORS 342.553). 3 I 12 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 23 Z4 FINAL ORDER Z 5 36 The Commission hereby suspends Ana Martinez Ramirez’s licensure for a period of thirty 27 (30) days, to begin upon the date this order is signed and in effect. 28 IT IS so ORDERED THIS ,3! May of October, 2014. 29 TEACHER STANDARDS AND PRACTICES COMMISSION 3 O By: 3 I Victoria Chamberlain, Executive Director PAGE 2-DEFAULT ORDER OF 30 DAY SUSPENSION OF EDUCATOR LlCENSE- ANA MARTINEZ RAMIREZ I NOTICE OF APPEAL OR RIGHTS 2 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 4 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 5 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 6 THE OREGON COURT OF APPEALS. I I PAGE 3-DEFAULT ORDER OF 30 DAY SUSPENSION OF EDUCATOR LlCENSE- ANA MARTINEZ RAMIREZ CERTIFICATE OF MAILING | hereby certify that I 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: Ana Martinez Ramirez 1600 NW Avery Street Roseburg, OR 97471-6047 Dated this i/ Vday of October, 2014. By: M atty ell Inve gative Assistant l PAGE 1- CERTIFICATE OF MAILING— ANA MARTINEZ RAMIREZ