1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter ofthe ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF SUSPENSION 5 KATHLEEN ANN WALTON ) AND PROBATION f; ) 8 On or about February 5, 2002, the Teacher Standards and Practices 9 Commission (Commission) received a report from Jim Howard, Superintendent of North 10 Bend School District indicating that Kathleen Ann Walton (Walton) violated Standards 11 on January 30, 2002, by appearing on duty under the influence of alcohol. On May 9, 12 2002, Superintendent Howard reported a subsequent violation. ' 13 After review of the matters alleged, Ms. Walton and the Commission agree that 14 their respective interests, together with the public interest, are best served by a 15 stipulation to certain facts and the imposition of a sixty (60) day suspension of 16 Ms. Walton’s Teaching License. The Commission will impose a period of four (4) years 17 probation upon reinstatement of her teaching license. This Order sets forth the facts 18 upon which the parties have agreed and the sanction to be imposed. In entering into 19 this stipulation, Ms. Walton waives the right to a hearing to contest the findings of fact, 20 conclusion of law and order set forth below. Ms. Walton understands that the probation 21 and suspension will be subject to specific conditions. 22 STIPULATION OF FACTS 23 1. The Commission has licensed Kathleen Ann Walton since June 12, 1977. 24 Ms. Walton currently holds a Standard Teaching License valid July 30, 1999, through 25 August 8, 2004, with Standard Language Arts and Basic Journalism Endorsements. Page 1-STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WALTON ' 1 2. Ms. Walton began her employment with North Bend School District as an 2 English Teacher at North Bend High School in 1988. She has served on the Oregon 3 Council of Teachers of English for Southern Oregon. Ms. Walton coached an award 4 winning forensic team in 1991. She was nominated by district colleagues for Teacher of 5 the Year in the fall of 1996. 6 3. Ms. Walton has served as an Oregon Educator for 24 years. There are no 7 prior complaints regarding Ms. Walton on file with TSPC or a prior employer. 8 4. On January 30, 2002, Ms. Walton reported for duty while under the influence 9 of alcohol. Ms. Walton was placed on administrative leave beginning January 31, 2002. 10 The North Bend School District imposed discipline by suspending Ms. Walton from her 11 teaching assignment for 20 contract days (4 weeks) without pay. Ms. Walton entered ' 12 an agreement with the North Bend School District placing her on probation and . 13 requiring her to successfully complete treatment. 14 5. On February 2, 2002, Ms. Walton sought admission and was accepted into a 15 Serenity Lane residential alcohol treatment program. She successfully completed a 16 21-day in-patient program and is participating in aftercare. 17 6. On May 8, 2002, Ms. Walton reported for duty while under the influence of 18 alcohol in violation of her treatment plan. On that date she sought additional treatment 19 from her rehabilitation provider and began more frequent and intensive out-patient 20 treatment. Her treatment provider did not recommend that she re-enter residential 21 treatment. 22 7. Ms. Walton recognizes that she has an alcohol abuse problem and has . 23 agreed to a plan of treatment and aftercare as prescribed by her treatment provider. Page 2-STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WALTON ' 1 Kathleen Ann Walton enters into this Stipulation of Facts with the knowledge that 2 the Teacher Standards and Practices Commission will suspend her Oregon Teacher’s 3 License for a period of sixty (60) days and upon reinstatement of the license shall place 4 her on probation for a period of four (4) years. This Stipulation is contingent upon 5 approval and adoption of the Order by the full Commission. If the Commission does not 6 adopt this Order, neither Ms. Walton nor the Commission are bound by these 7 stipulations and Ms. Walton retains the right to a hearing on the allegations. 8 IT IS SO LAT . 9 ( é 11 leen n n Dat 12 13 - 14 Q 'QSFGQ 15 ictoria Cham rlain, Exec ive Director Date ' 16 Teacher Standards and Practices Commission 17 18 19 CONCLUSIONS 0F LAW 2O Kathleen Ann Walton violated OAR 584-020-0040(4)(g) by appearing on duty 21 while under the influence of alcohol on January 30, 2002, and May 8, 2002, at North 22 Bend High School. This misconduct constitutes Gross Neglect of Duty. The 23 Commission's authority to impose discipline in this matter is based upon ORS 24 342.175(1)(b) 25 ORDER 26 The Commission adopts the above Stipulation of Facts and suspends the 27 Oregon Teaching License of Kathleen Ann Walton for a period of sixty (60) days, ‘ 28 effective July 1, 2002, followed by a four (4) year probation upon reinstatement of her 29 teaching license. Ms. Walton's Teaching License shall be reinstated upon application Page 3-STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WALTON . 1 as provided by OAR 584-050-0015 and certification of her completion of residential 2 alcohol treatment and participation in aftercare as prescribed in the treatment plan. 3 The terms of probation are as follows: 4 1. Ms. Walton shall, at her own initiative and expense, continue to obtain 5 treatment for her alcohol dependency as recommended by her alcohol treatment 6 provider and the relapse prevention plan; 7 2. During the period of her probation, Ms. Walton shall submit to the Executive 8 Director of the Commission reports of her compliance with the treatment plan. Ms. 9 Walton shall provide these reports every six (6) months during her probation; 1O 3. Ms. Walton shall comply with all Standards for Competent and Ethical 11 Performance under Chapter 584, Division 020; . 12 If Ms. Walton does not comply with her treatment plan based on the reports of 13 her treatment provider or as othen/vise determined by the Executive Director she shall 14 be in violation of the terms of this probation. Violation of the terms of this probation may 15 constitute an independent basis for the Commission to impose discipline, up to and 16 including revocation of Ms. Walton's teaching license subject to Ms. Walton‘s right to a 17 hearing on thefiie of whether she violated probation. 18 Dated thisfi day of August, 2002 ‘ 19 TEACHER STANDARDS AND PRACTICES COMMISSION 20 21 W 22 23 Ictoria Cham erlain, Exec ive Director 24 Approved as to form: . 25 q lac: at, at?» \. L1‘? g 5:19 26 Elizabeth . Joffe OSB 4 4 27 Attorney for Kathleen Ann Walton [062502] Page 4-STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - WALTON