1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF RIGHT TO 6 KAREN MARIE YEOMAN S ) APPLY FOR AN EDUCATOR LICENSE 7 8 j 9 On May 3, 2013, the Teacher Standards and Practices Commission (Commission) i 10 issued a Notice of Opportunity for Hearing to Karen Marie Yeomans (Yeomans) in which 11 the 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 3404 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, “Undeliverable” to 15 the Commission May 13, 2013. The regular mail was not returned to the Commission. The 16 Notice of Opportunity of Hearing, dated May 3, 2013, and signed by Victoria 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 Yeomans did not request a hearing. The Commission, therefore, finds Yeomans to be in 27 default and enters the following findings of fact, conclusions of law, and final order, based 28 on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Karen Marie Yeomans has been licensed since November 14, 2007. Yeomans held an 31 Initial I Teaching License issued May 15, 2008, with an endorsement in Language Arts 32 (HS), which expired on December 9, 2011. Yeomans has not made application for 33 renewal. During all relevant times, Yeomans was not known to be employed by any 34 Oregon School District. 35 2. On September 13, 2011, the Commission received information from the NASDTEC 36 clearing house indicating that Yeomans’ teaching credentials in the State of 37 Tennessee had been suspended due to a positive test for drugs (amphetamine and PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- YEOMANS, KAREN MARIE i 1 methamphetamine), for a period of one year commencing on April 15, 2011. Your 2 reinstatement, according to the Tennessee Order, is contingent upon proof of 3 rehabilitation. 4 CONCLUSIONS OF LAW 5 Yeomans’s conduct constitutes gross neglect of duty in violation of ORS 6 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-001o(5) (Use 7 professional judgment), OAR 584-020-0040(4)((g) (Appearing on duty 0r at any district- 8 sponsored activity while under the influence of alcohol or any controlled substance); OAR 9 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(3)(a)(Maintain the dignity of 10 the profession by respecting and obeying the law, exemplifying personal integrity and 11 honesty). This conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); 12 OAR 584-020-004o(5)(a)(Rev0cation, suspension or denial of a license by another state 13 for reasons and through procedures that are the same as, or substantially equivalent to, 14 those permitting similar action in Oregon); and OAR 584-020-oo4o(5)(e) (Admission of or 15 engaging in acts constituting criminal conduct, even in the absence of a conviction). l6 17 The Commission’s authority to impose discipline in this matter is based upon ORS 18 342.175. l9 FINAL ORDER 20 The Commission hereby revokes Karen Marie Yeomans’ Right to Apply for an 21 Educator license. 22 IT IS SO ORDERED THIS 22 "Oi day of October, 2013. 23 TEACHER STANDARDS AND PRACTICES COMMISSION 24 By: ___—_ 25 Victoria Chamberlain, Executive Director 26 27 28 PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- YEOMANS, KAREN MARlE l NOTICE OF APPEAL OR RIGHTS 2 3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 4 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM 5 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 6 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- YEOMANS, KAREN MARIE CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by 1 mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: Karen Marie Yeomans 3430 Highway 231 N Lot 2 Shelbyville, TN 37160-7133 Dated this p92 (76/ day of October, 2013. By: _ Pat iddell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- YEOMANS, KAREN MARIE