1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON Z In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) REVOCATION OF RIGHT 6 ANDREA LYN DAVIS ) TO APPLY FOR LICENSURE Z On April 2, 2008, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Andrea Lyn Davis (Davis) in which the 10 Commission charged her with misconduct under ORS 342.177. The Notice was sent via U.S. 11 First Class Mail and U.S. Certified Mail Receipt 7006 0810 0001 4602 2449 to the address Ms. 12 Davis provided to the Commission. The certified mail receipt was returned to the Commission 13 on April 03, 2008, signed by Timothy Davis. The Notice of Opportunity of Hearing, dated April 2, i4 2008, and signed by Victoria Chamberlain, Executive Director, stated: 15 "You, Andrea Lyn Davis, are entitled to a hearing on the proposed action of the 16 Commission. If you want a hearing, you must file a written request for a hearing 17 with the Commission within 21 days of the date of this notice. Attached to this 18 notice is a copy of the procedures, right of representation and other rights of i: parties relating to the conduct of a hearing as required under ORS 183.413(2)" 21 Ms. Davis did not request a hearing. The Commission, therefore, finds 22 Ms. Davis to be in default and enters the following findings of fact, conclusions of law 23 and order, based on the files and records of the Commission concerning this matter. 24 FINDINGS OF FACT 25 1. The Commission issued an Initial I Teaching License to Ms. Davis on October 9, 2003 26 valid until September 12, 2007 with a French Endorsement. 27 2. During the 2004-2005 school year, Davis gave a student a short story she had written. 28 This story depicted Davis and this student in a romantic manner. This conduct 29 constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(o) as it 3O incorporates OAR 584-020-0035(1)(c)(B). (Exchanging romantic notes with a student.) 31 3. During the 2004-2005 school year Davis gave gifts of numerous CD'S of music to the 32 same student. The student reported that he through this behavior was flirtatious. This PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY ~ ANDREA LYN DAVIS 1 conduct constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(o) as if 2 incorporates OAR 584-020-0035(1)(c)(B). (Giving overly personal gifts). 3 4. During the 2004-2005 school year Davis discussed her drug use with a 7"‘ grade 4 student. This conduct constitutes gross neglect of duty in violation of OAR 584-020- 5 0040(4)(n) as it incorporates OAR 584-020-0010(5). (Use professional judgment). 6 CONCLUSIONS OF LAW t: 9 Davis’s exchange of romantic notes with a student constitutes gross neglect of duty in 10 violation of OAR 584-020-0040(4)(0) as it incorporates OAR 5B4»020-0035(1)(0)(B). Davis’ 11 personal gift giving to a student constitutes gross neglect of duty in violation of OAR 584-020- 12 0040(4)(0) as it incorporates OAR 584-020-0035(1)(c)(B). The Commission's authority to 13 impose discipline in this matter is based upon ORS 342.175. 14 FINAL ORDER 15 The Commission adopts and incorporates herein the above findings of facts and conclusions 16 of law, and based thereon revokes Davis’ right to apply for a license pursuant to ORS 11 342.1750). 18 Issued and dated this ZZ day of May, 2008. 19 TEACHER STANDARDS AND PRACTICES COMMISSION 20 7742 jag g g; 2 2 ‘ 21 : 22 lctoria Ch ai xecutive Director 23 NOTICE OF APPEAL OR RIGHTS i: YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 26 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 27 0F THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 28 183.482 TO THE OREGON COURT OF APPEALS. PAGE 2 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — ANDREA LYN DAVIS 1 CERTIFICATE OF MAILING 2 3 l hereby certify that l served the foregoing order by mailing a true copy thereof certified by me 4 as such by U.S. First Class Mail and U.S. Certified MaiI—Return Receipt Requested, addressed 5 to: 6 7 Andrea Lyn Davis 8 2549 Rosebay St 9 Eugene, OR 97402 10 ‘ M 11 Dated thisé day of June, 2008 12 \ 13 14 , 15 By: 16 Melo y Hanso ecutive Assistant PAGE 1 — CERTIFICATE OF MAILING — ANDREA LYN DAVIS