. l 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 ) AND ORDER OF PROBATION
5 EMILY LYNN KAPSCH )
6 )
7 On August 21, 1997, the Teacher Standards and Practices Commission received an application
8 for a Basic Teaching License from Emily Lynn Kapsch. The application was jointly
9 submitted with request for expedited service ﬁom Portland Public Schools. _Ms. Kapsch
10 revealed that she had been convicted in March 1997 for Driving Under the Inﬂuence of
ll Intoxicants and for Possession of Less Than One Ounce of Marijuana. The Executive
12 Secretary concluded that there was sufﬁcient evidence to deny licensure to Ms. Kapsch and to
13 inform her of her opportunity for hearing. Ms. Kapsch was notiﬁed by telephone of these
14 ﬁndings and offered an opportunity to stipulate to the facts with an Order of Probation. In
15 entering into this Stipulation, Ms. Kapsch waives her right to a hearing to contest any of the
16 ﬁndings set forth below. ~
17 Emily Lynn Kapsch agrees and stipulates that substantial evidence exists in the record to
18 support the following ﬁndings of fact by the Commission:
( l9 FINDINGS OF FACT
20 1. Emily Kapsch completed a teacher education program at Portland State University in
21 July 1997 and has met all academic requirements for a Basic Teaching License
22 endorsed in Elementary.
23 2. On February 23, 1997, Ms. Kapsch was driving a vehicle that was involved in a
24 collision at the intersection of NE Sandy Boulevard and Burnside Avenue in Portland,
25 Oregon, at approximately 1:55 am.
26 3. The incident was observed by Portland police officer T. Wyatt who reported that
27 Kapsch continued East on Burnside for approximately eight blocks before responding
28 to his overhead lights signaling her to pull to the curb.
29 4. Ms. Kapsch was cited for driving under the inﬂuence of intoxicants and for possession
30 of two buds of marijuana (less than one ounce). Kapsch had a small pipe with burned
31 marijuana in it in the pocket of her jacket.
32 5. On March 27, 1997, Kapsch was pem'iitted to enter a diversion program on the
33 misdemeanor charge of driving under the inﬂuence of intoxicants. She was also
34 convicted of possession of less than one ounce of marijuana and ﬁned $400 which was
35 suspended for attending a drug treatment program called "Dope Talk."
‘ PAGE l~-PROPOSED STIPULATION AND ORDER-EMILY LYNN KAPSCH

1 6. Kapsch has complied with all conditions imposed by the court, has paid all of the
. assessments and ﬁnes involved with the diversion and has attended "Dope Talk." She
3 is scheduled to complete the remaining group counseling requirements of the diversion
4 program on or before December 31, 1997.
5 7. Kapsch reported the convictions on Application Form C-l and provided the required
6 explanation and copies of the court documents.
7 This Stipulation and the Proposed Order of Probation are contingent upon approval by the full
8 Commission at the Commission’s next meeting. If the Commission does not approve this
9 Stipulation, the matter will be returned for a hearing and neither Kapsch nor the Commission
10 shall be bound by any matters in this Stipulation. The parties acknowledge that upon
11 execution of this Stipulation, the Commission will enter into an Order placing Emily Lynn
12 Kapsch on Probation for a period of two years from the date of this Stipulation and with the
l3 conditions of probation set forth in the order below.
14 IT IS SO STIPULATED:
15 MM M5
l6 Emily Lynn. apsch D te
r [/r
.7 A741“. Z. @ng @a mgegw
18 David V. Myton, Exec ve Secretary Date
19 Teacher Standards and Practices Commission
20 ULTIMATE FINDINGS OF FACT
21 On March 27, I997, Emily Lynn Kapsch was convicted of the misdemeanor crimes of
22 Driving Under the Inﬂuence of Intoxicants and Possession of Less Than One Ounce of
23 Marijuana in Multnomah County District Court. She was provided a diversion program for
24 the DUII and permitted to attend Dope Talk in lieu of a ﬁne for possession of less than one
25 ounce of marijuana.
26 CONCLUSIONS OF LAW
27 Emily Lynn Kapsch’s conviction for Driving Under the Inﬂuence of Intoxicants and
28 Possession of Marijuana constitute grounds for denial of licensure under ORS 342.143 and
29 OAR 584-20-040 (5).
. PAGE 2--PROPOSED STIPULATION AND ORDER--EMILY LYNN KAPSCH

1 ORDER
2 The Corrrmission imposes a period of probation on the Basic Teaching License of Emily Lynn
3 Kapsch from the date of this Stipulation and for two years thereafter.
4 The probationary status is subject to the following conditions:
5 a) Kapsch shall conduct herself as a law abiding citizen.
6 b) Kapsch shall report in writing within 10 days to the Executive Secretary of the
7 Commission any arrests or citations she receives for any felony, misdemeanor, or major trafﬁc
8 violation.
9 c) Kapsch shall comply with the Standards for Competent and Ethical Performance of
10 Oregon Educators under OAR 584, Division 20.
11 Violation of any of the terms of probation shall constitute an independent basis for the
12 Commission to review Kapsch’s ﬁtness to serve as an educator and may constitute grounds to
13 impose other discipline aﬂer ﬁrst providing Kapsch with notice and an opportunity for
l4 hearing.
. Dated this é’?! day of {26M , 1997.
16 TEACHER STANDARDS AND PRACTICES COMMISSION
.7 Mame %/7¢@) 4a)
18 David V. Myton, Executi Secretary
19 DVM/cs
‘ PAGE 3--PROPOSED STIPULATION AND ORDER-EMILY LYNN KAPSCH

1 CERTIFICATE OF MAILING
.2 I hereby certify that I served the foregoing order by mailing a true copy thereof certiﬁed by
3 me as such by U. S. First Class Mail and U.S. Certiﬁed Mail with Return Receipt Requested
4 l0!
5 EMILY LYNN KAPSCH
6 616 NE FARGO #303
7 PORTLAND OR 97212
, rd
8 Dated thisé J day of W , 1997.
/
9 B . 02/0
10 harlene A. Smith
11 ecretary to the Commission
PAGE 5--PROPOSED STIPULATION AND ORDER--EMILY LYNN KAPSCH