l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF DENIAL OF 5 License of ) APPLICATION AND REVOCATION OF 6 ) RIGHT TO APPLY 7 JAMILAH AMEERAH RAHIM ) FOR AN EDUCATOR LICENSE 8 9 10 On September 15, 2014, the Teacher Standards and Practices Commission 1 l (Commission) issued a Notice of Opportunity for Hearing to J amilah Ameerah Rahim 12 (Rahim) in which the Commission denied Rahim’s application for reinstatement of her right 13 t0 apply for licensure. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail 14 Receipt 7012 1010 0003 2804 4722 to the address on file with the Commission. The Notice 15 designated the Commission file as the record for purposes of proving a prima facie case. The 16 Certified Mail receipt was returned to the Commission “signed” on October 23, 2014. The 17 first class mail was not returned t0 the Commission. The Notice of Opportunity of Hearing, 18 dated September 15, 2014, and signed by Victoria Chamberlain, Executive Director, stated: l9 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 20 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 23 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 24 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 25 YOUR LICENSE OR OTHER DISCIPLINE.” 26 27 On November 5, 2014, Rahim requested a hearing. A pre-hearing conference was conducted 28 and a hearing date of June 4, 2015, was established. On April 6, 2015, the Commission 29 received a letter from Rahim’s attorney advising that Rahim was withdrawing her request 3O for a hearing. The Commission, therefore, finds Rahim to be in default and enters the 31 following findings of fact, conclusions of law, and final order, based on the files and records 32 of the Commission concerning this matter. 33 FINDINGS OF FACT 34 On or about June 26, 2006, Rahim signed and submitted a PA-1 form as part of her 35 application to register as a student teacher, upon which Rahim responded “no” to all 36 character questions. As part of the licensing process, the Commission conducted a 37 routine background check and found Rahim had a criminal history. The Commission PAGE 1-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPY FOR LICENSURE- JAMILAH AMEERAH RAHIM l learned that on August 16, 2005, Rahim was convicted of Theft in the 1st Degree, 2 Identity Theft (3 counts), Forgery (2 counts), and Possession of Forged Instrument (2 3 counts). These convictions stemmed from Rahim’s involvement in an operation that 4 defrauded retail stores by stealing credit card numbers and phoning in orders to pick up 5 consumer goods that were later returned for cash. Rahim was ordered to pay restitution 6 of $14,524 and was placed on five years of supervised probation. On October 17, 2005, 7 Rahim was convicted in the state of Virginia for multiple counts of Fraud, Forgery, and l 8 Identity Theft stemming from similar criminal activity. Though physically in Virginia 9 and Oregon during the commission of these crimes, Rahim was involved in defrauding 10 stores in Texas, Arizona, Georgia, New Jersey, Illinois, and Arkansas. Based on the 1 l foregoing criminal history Rahim’s, “no” responses to the following questions were false: 12 #8. Have you ever been convicted or been granted conditional discharge by any 13 court for: a ) any felony, ; b) misdemeanor; or c) any major traffic violation, such 14 as: driving under the influence of intoxicants or drugs; reckless driving; fleeing 15 from or attempting to elude a police oflicer; driving while your license was 16 suspended, revoked or used in violation of any license restrictions; or failure to 17 perform the duties of a driver or witness to an accident? 18 #9. Have you ever been arrested or cited for any oflense listed in questions (8) 19 above which is still pending in court? 20 #10. Have you ever entered a plea of guilty or No contest relative to any charge of 21 an oflense listed in question 8? 22 On August 21, 2009, Rahim submitted a C-1 application form for educator licensure, in 23 support of her application for an Initial I Teaching License. On this form Rahim 24 answered "yes" to the questions which she had answered "no" to on her PA-1 Form. 25 After Rahim submitted her C-1 application form, Rahim had conversations with 26 Commission staff, in which Rahim explained she did not have to disclose her criminal 27 history because it could be expunged. However, at the time Rahim submitted her PA-l 28 form in 2006, Rahim was aware that she had not completed all of the terms of probation 29 and that Rahim’s criminal convictions had not been expunged. PAGE 2-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPY FOR LlCENSURE- JAMILAH AMEERAH RAHIM 1 The Commission denied Rahim licensure because each of her responses on the PA-1 l 2 form provided independent grounds for denial of Rahim’s license application as gross 1 3 neglect of duty under ORS 342.175(1)(b); OAR 584-020-0040(4)(c) (falsification or i 4 misrepresentation related to licensure, employment of professional duties), and OAR 5 584-050-0006(3)(a)(submission of falsified application). 6 The Commission also denied Rahim’s licensure because the conduct she engaged in 7 leading up to her convictions, and Rahim’s conduct related to student teaching and ‘ 8 licensure application demonstrated that Rahim lacked good moral character and fitness 9 to hold a license as required under ORS 342.143(2); OAR 584-050-0006(3)(b) and (d). 10 On November 5, 2010, the Commission adopted a Stipulation of Facts and Denial of 11 Right t0 Apply in Rahim’s case. The Order denied Rahim application for a teaching 12 license, and revoked her right to apply for a license for one year, effective November 24, 13 2010. 14 On March 24, 2014, the Commission received Rahim’s application for reinstatement of 15 her right to apply for licensure. On August 1, 2014, the Commission considered Rahim’s 16 application for reinstatement 0f her right to apply for licensure. l7 18 CONCLUSIONS OF LAW l9 J amilah Ameerah Rahim, based upon the conduct as described above; 2O 1. The Commission denies your reinstatement application for the following reasons: 21 a. The information you submitted, along with your reinstatement documents, do 22 not establish that you possess good moral character, trustworthiness, or 23 physical and mental health to hold an educator’s license; and 24 b. The conduct you engaged in that resulted in your revocation. 25 2. The above described conduct provides the Commission with evidence of your lack of 26 fitness to serve as an educator pursuant t0 ORS 342.143(2); OAR 584-050- 27 0006(3)(d) (The Executive Director has evidence that the applicant may lack fitness 28 to serve as an educator). 29 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. PAGE 3-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPY FOR LlCENSURE- JAMILAH AMEERAH RAHIM l FINAL ORDER 2 The Commission hereby denies Rahim’s application for reinstatement and revokes 3 her right to apply for licensure. , 4 IT rs so ORDERED THIS [5% day of April, 2015. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 By: 7 Victoria Chamberlain, Executive Director 8 9 NOTICE OF APPEAL OR RIGHTS 10 1 l YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 12 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM l3 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE l4 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 4-DEFAULT ORDER OF DENIAL OF APPLICATION AND REVOCATION OF RIGHT TO APPY FOR LlCENSURE- JAMlLAH AMEERAH RAHIM CERTIFICATE OF MAILING I 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: J amilah Ameerah Rahim 3341 N Leavitt St Unit 18 Chicago, IL 60618-6223 Dated this fill/1A day of April, 2015. By: O /// r . .' j Pa‘ 1ddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING—— RAHIM, JAMILAH AMEERAH