1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the ) DEFAULT ORDER OF

5 Teaching License of ) REVOCATION OF RIGHT TO

6 LINDSAY GAYLE BROWN ) APPLY FOR TEACHING LICENSE

7

8 On March 31, 2011, the Teacher Standards and Practices Commission (Commission)

9 issued a Notice of Opportunity for Hearing to Lindsay Gayle Brown (Brown) in which the
10 Commission charged her with Gross Neglect of Duty pursuant to OAR 584-020-0040(5)(c),
ll OAR 584-o2o-oo4o(5)(e), and OAR 584-020-0040(4)(k). The Notice was sent via U.S. First
12 Class Mail and U.S. Certified Mail Receipt 7010 0290 0001 6831 4053 to the address on file with
13 the Commission. The Certified Mail signed for 0n April 8, 2011. The Notice 0f Opportunity of
14 Hearing, dated March 31, 2011, and signed by Victoria Chamberlain, Executive Director, stated:
15 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
l6 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
17 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL.
18 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR ATA
l9 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY
20 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER
21 DISCIPLINE.”
22
23 Brown did not request a hearing. The Commission, therefore, finds Brown to be in default and
24 enters the following findings 0f fact, conclusions of law and order, based 0n the files and records
25 of the Commission concerning this matter.
26 FINDINGS OF FACT
27 1. On August 25, 2009, the Commission issued Brown an Initial Teaching License with
28 endorsements in Language Arts and Multiple Subjects, valid through February 25, 2011.
29 2. During the background check associated with the issuance of the license, the Commission
3O discovered that Brown was arrested on December 14, 2006, for possession of a controlled
31 substance (marijuana) under Georgia law. Brown subsequently pled guilty under the terms
32 0f the Georgia conditional discharge statute. Brown successfully completed 6 months of
33 probation thereby avoiding a conviction in this matter,
34 3i On February 23, 2009, the Commission adopted a Stipulated Order suspending Brown’s
35 right to apply for an educator license for a period of three months and placing her 0n
36 probation for 4 years. The terms of the probation required that Brown “shall report in
37 writing within ten days t0 the Executive Director of the Commission any arrest 0r citation for

PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION — BROWN, LINDSAY GAYLE

l any felony, misdemeanor, or major traffic violation.” Furthermore, Brown was required to

2 “comply with the Standards for Competent and Ethical Performance of Oregon Educators

3 under Oregon Administrative Rules, Chapter 584, and Division 020.”

4 4. On August 16, 2010, Brown was convicted of Careless Driving (ORS 811.135(2)). This

5 conviction stemmed from a June 18, 2010, auto accident.

6 5. On September 20, 2010, Brown was convicted of Careless Driving (ORS 811.135(2)), and

7 Inhalant Use/ Possession (ORS 167.808(5)(B) Amyl acetate. These convictions stemmed

8 from an accident on September 17, 2010, in which Brown crossed the center lane and

9 collided with two vehicles. Brown was then under the influence of inhalants and the
10 arresting officer witnessed Brown using inhalants following the accident.
ll 6. On September 24, 2010, Brown was arrested for Careless Driving (ORS 811.135), Driving
12 Under the Influence of Intoxicants (ORS 813.010(4)), and Inhalant Use/Possession (ORS
13 167.808(5)(B) Amyl acetate). This incident stemmed from a September 24, 2010, incident
14 in which Brown drove her vehicle while using inhalants. Brown was observed passed out at
15 the wheel of her vehicle blocking traffic.
16 CONCLUSIONS OF LAW
l7 Lindsay Gayle Brown’s above arrests and convictions constitute gross unfitness in
18 violation of OAR 584-020-0040(5)(c) (Conviction 0f violating any federal, state, or local law.
19 A conviction includes any final judgment of conviction by a court whether as the result of
20 guilty plea, no contest plea or any other means) and OAR 584-020-0040(5)(e) (Admission of
21 or engaging in acts constituting criminal conduct, even in the absence 0f a conviction).
22 Brown did not report any of the above arrests or convictions to the Executive Director of
23 the Commission as she agreed to do in the February 23, 2009, Stipulated Order. This conduct
24 constitutes gross neglect of duty in violation 0f ORS 342.175(1)(b); OAR 584-020—004o(4)(k)
25 (Violation of any order or rule of the Commission).
26 The Commission’s authority to impose discipline in this matter is based upon ORS
27 342.175.
28 / / /
29 / / /

PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION —- BROWN, LINDSAY GAYLE

1 FINAL ORDER
2 The Commission hereby revokes Lindsay Gayle Brown’s right to apply for an educator
3 license.
4 IT IS SO ORDERED THIS /é % day of May, 2011.
I 5 TEACHER STANDARDS AND PRACTICES COMMISSION v
6 .
7
8 By; M
9 1ctoria Chamberl , Executive Director
10
1 1
12
13
14 NOTICE OF APPEAL OR RIGHTS
15
16 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
17 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
18 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
19 THE OREGON COURT OF APPEALS.
20
PAGE 3-DEFAULT ORDER 0F LICENSE REVOCATION - BROWN, LINDSAY GAYLE

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice 0f final order, certified by me as such, by mailing
U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed t0:
Lindsay Gayle Brown
1061 Spring Station Rd.
Greensboro, GA 30642-3270
Dated this Zgfl day of July, 2011.
K
By= w
Cristina E ar
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING—BROWN, LINDSAY GAYLE