1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' . OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF SUSPENSION 5 ELISABET FLORES ) AND PROBATION 6 On or about January 26, 2006, the Teacher Standards and Practices Commission 7 (Commission) received a report from Mark Burrows, Superintendent, Morrow County School 8 District indicating that Elisabet Flores (Flores) was arrested while attempting to cross the United 9 States/Mexican border at Hidalgo port of entry attempting to smuggle three Mexican Nationals, 10 who were her relatives, into the United States from Mexico. 1 1 Elisabet Flores fully cooperated with the Commission's investigation. After review of the 12 matters alleged, Ms. Flores and the Commission agree that their respective interests, together 13 with the public interest, are best served by a stipulation to certain facts and the imposition of a 14 ninety (90) day suspension of licensure followed by a three (3) year period of probation upon . reinstatement of licensure. 16 This Order sets forth the facts upon which the parties have agreed and the sanction to 17 be imposed. Ms. Flores stipulates that there are sufficient facts contained in the Commission’s 18 files and records to support the findings of fact and conclusions of law set forth below. ln 19 entering into this stipulation, Ms. Flores waives the right to a hearing to contest the findings of 20 fact, conclusions of law and order set forth below. Ms. Flores understands that the probation 21 will be subject to specific conditions. 22 This stipulation is contingent upon approval and adoption of the Order by the 23 Commission. If the Commission does not adopt this Order, neither Ms. Flores nor the 24 Commission are bound by these Stipulations and Ms. Flores retains all rights to a hearing on 25 the allegations. I Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — FLORES 1 STIPULATION OF FACTS '. 1. Ms. Flores holds a Restricted Transitional Teaching License with a Multiple Subjects 3 Self-Contained ECE, ELE Endorsement issued August 25, 2005, valid through August 25, 2008. 4 2. Ms. Flores began teaching for Morrow County School District on August 25, 2005. 5 3. During the 2005 Christmas break Ms. Flores was arrested on felony charges by 6 United States Border Protection Officers while attempting to cross the United States/Mexican 7 border at Hidalgo port of entry attempting to smuggle three Mexican Nationals into the United 8 States from Mexico. 9 4. The three Mexican Nationals were relatives of Ms. Flores. They were children of 1O Ms. Flores‘ cousin. While Ms. Flores was in Mexico to visit relations, Ms. Flores’ cousin's wife 11 pleaded with Ms. Flores to bring the children to the United States to visit their father for the 12 holidays. Ms. Flores agreed to do so on the spur of the moment; the transportation of the 13 children was not premeditated or planned ahead of time. During the stop at the border and . during court proceedings, Ms. Flores fully cooperated with the authorities and accepted 15 responsibility for her actions. 16 5. On January 20, 2006, Ms. Flores was arraigned and the charges were reduced to 17 misdemeanor charges of Aiding and Abetting and Alien Smuggling in the Federal District Court 18 where she received bench probation to the Federal Magistrate. 19 IT IS SO STIPULATED: 20 E A W 5’ l , O (0 21 Elis t Flores < Date 22 MM 572w 23 ictoria berlain, Executive Director Date 24 Teacher Standards and Practices Commission 25 CONCLUSION OF LAW 26 Elisabet Flores’ criminal conviction and criminal conduct constitute Gross Unfitness as 27 defined in OAR 584-020-0040(5)(c) and OAR 584-020-0040(5)(e). Criminal convictions and ' criminal conduct, even in the absence of conviction, may be used as evidence to establish an Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - FLORES 1 applicant's lack of fitness to serve as an educator pursuant to OAR 584-050-0006. The ' Commission’s authority to impose discipline in this matter is based upon ORS 342.143 and 3 ORS 342.175. 4 ORDER 5 Elisabet Flores’ Restricted Transitional Teaching License is suspended for a period of 6 ninety (90) days effective on May 12, 2006. At the end of this suspension period, Ms. Flores’ 7 Restricted Transitional Teaching License may be reinstated upon submission of a complete 8 application and fees pursuant to OAR 584-050-0015(3). 9 Upon the reinstatement of licensure, Ms. Flores shall be placed on probation by the 10 Commission for a period of three (3) years, subject to the following conditions: 11 1. Ms. Flores shall comply with all Standards for Competent and Ethical Performance of 12 Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020; and 13 2. Ms. Flores shall provide information as requested by the Commission to verify that ‘ she has complied with the conditions of probation, including a statement from a future 15 employing district that she has complied with the Standards for Competent and Ethical 16 Performance of Oregon Educators. 17 Violation of the terms of this probation may constitute an independent basis for the 18 Commission to impose discipline, up to and including revocation of Ms. Flores’ teaching license 19 subject to Ms. Flores‘ right to a hearing on the issue of whether she violated probation. 20 IT is so ORDERED this is’ day of May, 2006. 21 TEAC ANDARD A D PRACTICES COMMISSION 22 Byzt 2% é [2%,ij ZM/ 23 Victoria Cham ' ,‘Executive Director / 25 26 27 Adam S. Arms, OSB#01018 . Attorney for Elisabet Flores [042606] Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - FLORES