' BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
OF THE STATE OF OREGON
In the Matter of the )
Charter School Registration of ) FINAL ORDER
J
DEBORAH YVONNE WALDEN ) Office of Administrative
) Hearings Case No. 116191
On September 2, 2004, Administrative Law Judge Catherine P. Coburn issued a
Proposed Order in this case.
The Teacher Standards and Practices Commission adopts the Findings of Fact,
Conclusions of Law and sanction contained in the attached Proposed Order.
ORDER
The Commission adopts the Proposed Order and denies Deborah Walden’s
. application for Charter School registration.
Dated this E day of October 2004.
TEACHER STANDARDS AND PRACTICES COMMISSION
By: Manda/Qt
Victoria Cham ain, Executive Director
NOTICE: If you are dissatisfied with this Order you may not appeal it until you
have asked the agency to rehear the case or to reconsider the Orderv T0 obtain agency
rehearing or reconsideration you must file a petition for rehearing or reconsideration
pursuant to OAR 584-019-0045 within 6O days from the day this Order was served on
you. If this Order was personally delivered to you, the date of service is the day you
received the Order. If this Order was mailed to you, the date of service was the day it
was mailed, not the day you received it. If you do not file a petition for rehearing or
. reconsideration within the time limits provided, you will lose your opportunity for
Page 1 — FINAL ORDER-Deborah Yvonne Walden — GENK3514.doc

rehearing or reconsideration and you will lose your right to appeal to the Oregon Court of
‘ Appeals.
If, after you have filed a petition for rehearing or reconsideration, the agency
issues an Order that you are dissatisfied with. you have a right to appeal that Order to the
Oregon Court of Appeals pursuant to ORS 183.482.
If, 6O days after you have filed a petition for rehearing or reconsideration, the
agency has not issued an Order, your petition will be considered denied and at that time
you will have the right to appeal the original Order t0 the Oregon Court of Appeals
pursuant to ORS 183.480 and ORS 183.482. To appeal you must file a petition for
judicial review with the Court of Appeals within 60 days from the day that your petition
for rehearing or reconsideration is deemed denied. Il‘ you do not file a petition for
judicial review within the 60—day time period, you will lose your right to appeal. ‘
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Page 2 — FINAL ORDER-Deborah Yvonne Walden — GENK3514doc

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
. STATE OF OREGON
for the
TEACHER STANDARD AND PRACTICES COMMISSION
In the Matter of the Charter School ) OAH Case N0.: 116191
Registration of ) DOJ File N0.: 58400l-GE0088-04
Deborah Yvonne Walden )
)
TEACHER STANDARDS )
AND PRACTICES COMMISSION ) PROPOSED ORDER
)
V- )
)
DEBORAH YVONNE WALDEN )

On June 18, 2004, the Teacher Standards and Practices Commission 1
(Commission) filed a Motion for Ruling on Legal Issues (Summary Judgment) moving
for a proposed order denying the Charter School Registration Application of Deborah
Yvonne Walden (Applicant) on grounds that there is no genuine issue as to any material
fact, and the Commission is entitled to a ruling to this effect as a matter of law. The
motion is based 0n OAR 137-003-0580 and supported by an affidavit and exhibits.

' On May 21, 2004, the Commission referred the matter to the Office of Administrative
Hearings. On August 25, 2004, Administrative Law Judge Catherine P. Coburn
conducted a pre-hearing telephone conference to give Applicant an opportunity to be
heard on the motion. Assistant Attorney General Joe Gordon MeKeever represented the
Commission. Applicant appeared without benefit of counsel and does not contest the
facts asserted in the motion and supporting documents.

ISSUES

(1) Whether Applicant was convicted of a crime that requires the Commission to
deny her application for Charter School Registration under ORS 342.175.

(2) Whether there is an issue of material fact that is relevant to the resolution of
the legal issues in this case.

(3) Whether the Commission is required to deny Applicant’s application for
Charter School Registration.

EVIDENTIARY RULINGS

The evidentiary record consists of the Commission’s Exhibits A through E and

' the affidavit of Joe Gordon McKeever, Assistant Attorney General.

In the Matter of Deborah Yvonne Walden
OAH Case N0‘: 116191
Page 1 of 5

. FINDINGS OF FACT

(l) Applicant has applied for Charter School Registration. (Affidavit of
McKeever.)

(2) Applicant, Deborah Yvonne Walden, and Brenda Meyers are the same
person. (Exhibit C.)

(3) In 1975, 1976 and 1978, Brenda Meyers was convicted of the crime of
prostitution in violation of Hawaii Revised Statute 712.1200(1). (Exs. A, B and C.)

CONCLUSIONS OF LAW

(1) Applicant was convicted of a crime that requires the Commission to deny her
application for Charter School Registration under ORS 342.175.

(2) There is no issue of material fact that is relevant to the resolution of the legal
issues in this case.

(3) The Commission is required to deny Applicant’s application for Charter
School Registration.

' OPINION
Grounds for Denial of Application
ORS 342.175(2) provides:
Notwithstanding ORS 670.280,l the Commission shall

‘ 670.280 Denial, suspension or revocation of license based on criminal conviction; denial of
license or imposition of discipline for conduct substantially related to fitness and ability of
applicant or licensee. (1) As used in this section:

(a) “License” includes a registration, certification or permit.

(b) “Licensee” includes a registrant or a holder of a certification or permit.

(2) Except as provided in ORS 342.143 or 342.175, a licensing board, commission or agency
may not deny, suspend or revoke an occupational or professional license solely for the reason that
the applicant or licensee has been convicted of a crime, but it may consider the relationship of the
facts which support the conviction and all intervening circumstances to the specific occupational
or professional standards in determining the fitness of the person to receive or hold the license.

(3) A licensing board, commission or agency may deny an occupational or professional
license or impose discipline on a licensee based on conduct that is not undertaken directly in the
course of the licensed activity, but that is substantially related to the fitness and ability of the
applicant or licensee to engage in the activity for which the license is required. In determining
whether the conduct is substantially related to the fitness and ability of the applicant or licensee to
engage in the activity for which the license is required, the licensing board, commission or

. agency shall consider the relationship of the facts with respect to the conduct and all intervening
circumstances to the specific occupational or professional standards.
In the Matter 0f Deborah Yvonne Walden
OAH Case N0.: 116191
Page 2 of 5

revoke any license or registration and shall revoke the right

. of any person to apply for a license or registration if the
person has held a license or registration at any time within
five years prior to issuance of the notice or charges under
ORS 342.143(3).

ORS 167.700 (prostitution) is one of the crimes described in ORS
342.143(3)(a)(A). ORS 342.143(3)(a)(C) further includes conviction of a crime that is
substantially equivalent to any of the crimes listed in subparagraph ORS
342.143(1)(a)(A).

Applicant’s Conviction

The record establishes that Brenda Myers, who is the same person as Applicant,
was convicted of the crime of prostitution in violation of Hawaii Revised Statute
712. 1200(1) which provides:

A person commits the offense of prostitution if the person
engages in, or agrees or offers to engage in, sexual conduct
with another person for a fee.

ORS 167.007 provides:

. (1) A person commits the crime of prostitution if:
(a) The person engages in or offers or agrees to engage
in sexual conduct or sexual contact in return for a fee;

Hawaii Revised Statute 712.1200(l) is substantially similar to ORS 167.007. The
wording of the statutes is such that the Oregon statute would cover any situation that is
covered by Hawaii Revised Statute 712.1200(1). Therefore, I find that Applicant was
convicted in the State of Hawaii of a crime that is substantially equivalent to ORS
167.007.

Legal Standard for Motions for Ruling on Legal Issues

OAR 137-003-0580 provides in pertinent part:

(6) The hearing officer shall grant the motion for a legal
ruling if:
(a) The pleadings, affidavits, supporting documents
(including any interrogatories or admissions) and the record
in the contested case show that there is no genuine issue as
to any material fact that is relevant to resolution of the legal
. issue as to which a decision is sought; and

In the Matter 0f Deborah Yvonne Walden

OAH Case N0.: 116191

Page 3 of 5

‘ , —_— is i
(b) The agency or party filing the motion is entitled to a
. favorable ruling as a matter of law.
ORS 342.175(2) is mandatory; the agency is required to deny Applicant’s
application for Charter School Registration based on her convictions for prostitution.2
Applicant does not deny that she is the same person as Brenda Myers who was convicted
of prostitution. Thus, there is no issue as to any material fact that is relevant to the
resolution of the legal issue in this case. Therefore, the Commission is entitled to a
favorable ruling as a matter of law.
RULING
The Commission’s Motion for Ruling on Legal Issues (Summary Judgment) is
granted.
PROPOSED ORDER
I propose that the Teachers Standards and Practices Commission issue the
following order:
Applicant’s application for Charter School registration is denied.
o ‘I
. Dated this :2 '7 day of September 2004.
f" r y: ,
(11M ‘- I > l "pr
Catherine P, Coburrr"
Administrative Law Judge
Office of Administrative Hearings
. Z The five-year provision does not apply because Applicant was not licensed or registered within
five years before the convictions.
In the Matter of Deborah Yvonne Walden
OAH Case N0.: 11619]
Page 4 of 5

O O
' EXCEPTIONS
The proposed order is the Administrative Law Judge’s recommendation to the
Teacher Standards and Practices Commission. If you disagree with any part of this
proposed order, you may file written objections, called “exceptions,” to the proposed
order and present written argument in support of your exceptions. Written argument and
exceptions must be filed within fourteen (l4) days after mailing of the proposed order
with the:
Teacher Standard and Practices Commission
465 Commercial Street, NE
Salem, Oregon 97301
The Commission need not allow oral argument. The Executive Director may
permit oral argument in those cases in which the Director believes oral argument may be
appropriate or helpful to the Commissioners in making a final determination. If oral
argument is allowed, the Commission will inform you of the time and place for
presenting oral argument.
In the Matter 0f Deborah Yvonne Walden
OAH Case N0.: 116191
Page 5 of 5

. CERTIFICATE OF SERVICE
I certify that on September 2, 2004, I served the attached Proposed Order by mailing in a sealed
envelope, with first class certified postage prepaid, a copy thereof addressed as follows:
DEBORAH YVONNE WALDEN
9111 NE 73RD ST
VANCOUVER WA 98662
EXECUTIVE DIRECTOR
TEACHERS STANDARDS AND PRACTICES
465 COMMERCIAL ST NE
SALEM OR 97301
JOE GORDON McKEEVER
ASSISTANT ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
‘ 1162 COURT sr NE
SALEM OR 97301-4096
u t t7 ‘lam
Ann Redding, Administrativ Specialist
Office 0f Administrative 'ngs
Transportation Hearings Division