1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

i In the Matter of the ) DEFAULT ORDER OF

5 Teaching License of ) LICENSE REVOCATION

6 LOURDES R. SYLVESTRE )

g

9 On July 1, 2009, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Lourdes R. Sylvestre (Sylvestre) in which the
11 Commission charged her with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(d), (n)
12 and (o). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7008
13 1140 0002 8580 9386 to the address on file with the Commission, The U.S. Postal Service had
14 not returned the certified mail receipt to the Commission as of July 24, 2009. The first class
15 mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated July 1,
16 2009, and signed by Victoria Chamberlain, Executive Director, stated:
17 “You, Lourdes R. Sylvestre, are entitled to a hearing on the proposed action of the
18 Commission. If you want a hearing, you must file a written request for a hearing with the
19 Commission within 21 days of the date of this notice."
2(1) Ms. Sylvestre did not request a hearing. The Commission, therefore, finds Ms. Sylvestre to be
22 in default and enters the following findings of fact, conclusions of law and order, based on the
23 files and records of the Commission concerning this matter.
24 FINDINGS OF FACT
25 1. Ms. Sylvestre was first licensed by the Commission on March 8, 2004. She currently
26 holds an Initial I Teaching License, with an endorsement in Spanish, effective from
27 October 18, 2006 to October 4, 2010.
28 2. On April 18, 2007, in a conversation with another teacher at South Albany High School,
29 Ms. Sylvestre threatened to shoot the school principal.
30 3. On April 10, 2007, Ms. Sylvestre slapped a female student on the buttocks.
31 l l /
32 ///

PAGE 1—DEFAULT ORDER OF LICENSE REVOCATION — LOURDEs R. SYLVESTRE

I
I
1 CONCLUSIONS OF LAW
2 Threatening the school principal constitutes gross neglect of duty under ORS
3 342.175(1)(b) in violation of OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-
4 0010(5) (Use professional judgment).
5 Slapping a student on the buttocks constitutes gross neglect of duty under ORS ‘
6 342.175(1)(b) in violation of OAR 584-020-0040(4)(d) (Unreasonable physical force against I
7 students, fellow employees, or visitors to the school, except as permitted under ORS I
8 339.250). This conduct also violates OAR 584-020-0040(4)(o) as it incorporates OAR 584-
9 020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and I
10 conversations at all times).
11 FINAL ORDER
12 The Commission hereby revokes Lourdes R. Sylvestre’s Initial Teaching License.
l3 IT IS SO ORDERED THIS [QWL day of August, 2009.
14 TEACHER STANDARDS AND PRACTICES COMMISSION ,
15 , t
16 7
17 B :
18 Victoria Ch , Executive Director
19
20
21
22
ii NOTICE OF APPEAL OR RIGHTS
25 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
26 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
27 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT T0 THE PROVISIONS OF
28 ORS 183.482 TO THE OREGON COURT OF APPEALS.
29
PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION - LOURDES R. SYLVESTRE

CERTIFICATE OF MAILING
l 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:
Lourdes R. Sylvestre
2685 Ruthe Duarte Avenue
Ji/ Las Vegas NV 89121
Dated this Q0 day of May, 2010.
By: WWW)
Mel dy Hans
Exe utive As ant
PAGE 1- CERTIFICATE OF MAILING~ LOURDES R. SYLVESTRE