1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
. 2 OF THE STATE OF OREGON
1

3

4 In the Matter of the Educator License of ) DEFAULT ORDER OF

5 ) REVOCATION OF RIGHT TO

6 BRANDY ANNE KANE ) APPLY FOR AN EDUCATOR LICENSE

7

8

9 On June 28, 2013, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice of Opportunity for Hearing to Brandy Anne Kane (Kane) in which the
1 1 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 3770 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 July 12, 2013. The regular mail was not returned to the Commission. The
16 Notice of Opportunity of Hearing, dated June 28, 2013, and signed by Victon'a Chamberlain,
17 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 WAIVED
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 Kane did not request a hearing. The Commission, therefore, finds Kane to be in default and
27 enters the following findings of fact, conclusions 0f law, and final order, based on the files
28 and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Brandy Anne Kane has been licensed as a teacher in Oregon since July 10, 2007. Kane's
31 Initial I Teaching License, with an endorsement in Multiple Subjects Self-Contained
32 (ECE, ELE), was issued August 12, 2010, expired on August 11, 2013. During all relevant
33 times, Davis was employed by the Tigard-Tualatin School District.
34 2. On January 8, 2013, the Commission received information from the Tigard-Tualatin
35 School District indicating Kane may have committed acts which constitute gross
36 neglect of duty. Subsequent investigation determined on December 18, 2012, staff of
37 the Bridgeport Elementary School reported “erratic behavior” and the concern that
38 Kane was under the influence of alcohol while teaching. When questioned, Kane
39 stated she had consumed alcohol heavily the night before, stopping around

PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- KANE, BRANDY ANNE

1 midnight. Kane was removed from the classroom and requested to submit to a drug
2 and alcohol test. Kane’s breath was professionally tested at both 11:58 am and again
3 at 12:15 pm; Kane’s test results were a Blood Alcohol Content (BAC) of .225 and .219
4 respectively. The results of Kane's drug screening indicated “Positive” for marijuana.
5 Despite two prior DUII convictions and having a BAC level of nearly three times the
6 presumptive level of intoxication in DUII cases, Kane told investigators that she does
7 not believe she has an alcohol dependency problem.
8 CONCLUSIONS OF LAW
9 Kane’s conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b);
‘ 10 OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-oo1o(5) (Use professional
11 judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and
12 regulations); and OAR 584-020-0040(4)(g) (Appearing on duty or at any district-
13 sponsored activity while under the influence 0f alcohol or any controlled substance).
14
15 The Commission’s authority to impose discipline in this matter is based upon ORS
16 342.175.
17 FINAL ORDER
18 The Commission hereby revokes Brandy Anne Kane’s right to apply for an educator
19 license.
20 IT 1s so ORDERED THIS 22 "day of October, 2013.
21 TEACHER STANDARDS AND PRACTICES COMMISSION
22 By:
23 Victoria Chamberlain, Executive Director
24
25 NOTICE OF APPEAL OR RIGHTS
26
27 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
28 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
29 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
3O PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. ‘
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE— KANE, BRANDY ANNE

CERTIFICATE OF MAILING
1 hereby certify that I served the foregoing notice of final order, certified by me as such, by Y
mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: l
Brandy Anne Kane
1 Jefferson PKWY Apt 244
Lake Oswego, OR 97035-8817
Dated this QJZ Ml day of October, 2013.
‘ 7
By: § W
Pa iddell
Investigative Assistant
l
PAGE 1- CERTIFICATE OF MAILING— KANE, BRANDY ANNE