1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION '1 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Administrative License of ) ORDER OF REPRIMAND AND 5 ANGELA REGINA CANTWELL ) PROBATION 6 On January 31, 2005, the Teacher Standards and Practices Commission (Commission) 7 received a report from Robert McKean, Superintendent, Centennial School District indicating 8 that Regina Cantwell (Cantwell) appeared on duty under the influence of alcohol, was convicted 9 for Reckless Endangering and was recently arrested for Driving Under the Influence. 1O After review of the matters alleged, Ms. Cantwell and the Commission agree that their 11 respective interests, together with the public interest, are best served by a stipulation t0 certain 12 facts and a four (4) year probation. This Order sets forth the facts upon which the parties have 13 agreed and the sanction to be imposed. Ms. Cantwell stipulates that there are sufficient facts 14 contained in the Commission's files and records to support the findings of fact and conclusions ‘5 of law set forth below. In entering into this stipulation, Ms. Cantwell waives the right to a hearing 16 to contest the findings of fact, conclusion of law and order set forth below. Ms. Cantwell 17 understands that the probation will be subject to specific terms and conditions. 18 STIPULATION OF FACTS 19 1. The Commission has licensed Angela Regina Cantwell since April 14, 1986. Ms. 20 Cantwell currently holds a Basic Teaching License valid November 6, 2002, through September 21 27, 2005, with an endorsement in Basic Elementary. 22 2. Ms. Cantwell began her employment with the Centennial School District in 1990 as a 23 Kindergarten Teacher at Harold Oliver Elementary School. 24 3. On November 8, 2003, Ms. Cantwell was arrested in Clackamas County Oregon for 25 Driving Under the influence of Alcohol (DUII), Reckless Endangering and Criminal Mischief. On 26 February 6, 2004, Ms. Canwell pled guilty to DUll and Reckless Endangering. The Clackamas . County Circuit Court granted Ms. Cantwell Diversion for DUll and dismissed the Criminal Page 1 — STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - CANTWELL 1 Mischief charge. On March 28, 2004, the Court extended Ms. Cantwell‘s Diversion to ‘ September 28, 2005. 3 4. On November 22, 2004, prior to a Parent-Teacher Conference, Ms. Cantwell 4 consumed vodka in her vehicle while it was parked on school property. 5 5. On January 14, 2005, Ms. Cantwell was arrested for Driving Under the Influence in 6 Cowlitz County Washington. 7 6. On February 3, 2005, Ms. Cantwell voluntarily entered Serenity Lane for in-patient 8 alcohol treatment. Prior to February 3, 2005, the District granted Ms. Cantwell‘s request for 9 medical leave for the remainder of the 2004-2005 school year. On May 5, 2005, Ms. Cantwell 1O entered into a Last Chance Agreement with the Centennial School District placing her on 11 probation and requiring her to successfully complete treatment. 12 7. Ms. Cantwell recognizes that she has an alcohol dependency problem and has 13 agreed to a plan of treatment and aftercare as prescribed by her treatment provider. ‘t Ms. Cantwell enters into this Stipulation of Facts with the knowledge that the 15 Commission shall place her on probation for a period of four (4) years. This Stipulation is 16 contingent upon approval and adoption of the Order by the full Commission. If the Commission 17 does not adopt this Order, neither Ms. Cantwell nor the Commission are bound by these 18 stipulations and Ms. Cantwell retains the right to a hearing on the allegations. 19 IT IS SO STIPULATED: 20 'lIIuJ . "a; . 10 ‘IMSIII w 21 A g ‘gina . it} ell Date 2 2,254,... MW) m 23 Victoria ber . n, Executiv Director Date 24 Teacher Standards and Practices Commission 25 / / / 26 27 / / / O Page 2 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - CANTWELL 1 CONCLUSIONS OF LAW .2 Angela Regina Cantwel|’s alcohol related criminal conviction and criminal conduct 3 constitute Gross Unfitness as defined in OAR 584-020-0040(5)(c) and OAR 584-020— 4 0040(5)(e). By appearing on duty under the influence of alcohol on November 22, 2004, Ms. 5 Cantwell violated OAR 584-020-0040(4)(g). This misconduct constitutes Gross Neglect of Duty. 6 The Commissions authority to impose discipline in this matter is based upon ORS 342.175. 7 ORDER 8 The Commission imposes a Public Reprimand upon Ms. Cantwell. The Stipulation of 9 Facts, Order and subsequent Probation constitutes the Reprimand. 1O Furthermore, the Commission imposes a four (4) year probation upon Ms. Cantwell t0 11 commence the date of adoption of this order and subject to the following terms and conditions of 12 probation: 13 1. Ms. Cantwell shall, at her own initiative and expense, continue to obtain treatment for ' her alcohol dependency as recommended by her alcohol treatment provider and abstain from 15 the consumption of alcohol; 16 2. During the period of this probation, Ms. Cantwell shall submit to the Executive 17 Director of the Commission reports of her compliance with the aftercare treatment plan. Ms. 18 Cantwell shall provide these reports every six (6) months during her probation, on or before: 19 February 5, 2006; August 5, 2006; February 5, 2007; August 5, 2007; February 5, 2008; August 20 5, 2008; February 5, 2009; and August 5, 2009; 21 3. Ms. Cantwell shall report in writing within ten days to the Executive Director ofthe 22 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or 23 violation of criminal probation; and 24 4. Ms. Cantwell shall comply with the Standards for Competent and Ethical Performance 25 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. O Page 3 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - CANTWELL 1 Violation of any term or condition of probation shall constitute an independent basis for ‘g the Commission to revoke Ms. Cantweli’s teaching license or otherwise impose discipline, after 3 first providing Ms. Cantwell with notice and opportunity for hearing. 4 IT IS SO ORDERED this l day 0f August 2005. 5 TEACHER STANDARDS AND PRACTICES COMMISSION r t q \_ t7; By 1 é/fzzé [215‘ é 21%],74’ [Mg ZZZ 141/ 8 rra Cham in,/Executive Director 9 1O Appro to form: 11 é Z if‘ -— 12 Elizabeth A. Joffe OSB# 94024 13 Attorney for Angela Regina Cantwell [071005] O O Page 4 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - CANTWELL