1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) SUSPENSION OF RIGHT TO APPLY 5 LINDSAY GAYLE BROWN ) AND ORDER OF PROBATION 6 On August 28, 2008 the Teacher Standards and Practices Commission (Commission) 7 received an application for Lindsay Brown (Brown) for an Initial I Teaching License. On her 8 application Brown indicated an arrest in Georgia for possession of less than one once of 9 marijuana. I 1O Ms. Brown fully cooperated with the Commission's investigation in this matter. After 11 review of the matters alleged, Ms. Brown and the Commission agree that their respective 12 interests, together with the public interest, are best served by a stipulation to certain facts and a 13 suspension of her right to apply for a license for a period of three (3) months, followed by a four 14 (4) year probation following successful application‘ 15 This document sets forth the facts upon which the parties have agreed and the 16 stipulated sanction to be imposed. Ms. Brown stipulates that there is sufficient evidence in the 17 Commission's files and records to support the findings of fact, conclusions of law, and order set ‘ 18 forth below. 19 By signing below, Ms‘ Brown acknowledges, understands, stipulates, and agrees to the I 20 following: (i) she has been fuIIy advised of her rights to notice and a hearing to contest the 21 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 22 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, Final Order 23 of Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is 24 a public document and disclosed to the public upon request by the Commission; (iii) this 25 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 26 Commission. Ifthe Commission does not approve and adopt this Stipulation and Final Order, 27 then neither Ms. Brown nor the Commission are bound by the terms herein; (iv) she has fully Page 1 - STIPULATION OF FACTS, suspensmn OF RIGHT TO APPLY AND ORDER OF PROBATION - BROWN 1 read this Stipulation and Final Order, and understands it completely; (v) she voluntarily, without 2 any force or duress, enters into this Stipulation and Final Order and consents to issuance and 3 entry of the Stipulated Final Order below; (vi) she states that no promises or representation has 4 been made to induce her to sign this Stipulation and Final Order; and (vii) she has consulted 5 with an attorney regarding this Stipulation and Final Order and has been fully advised with 6 regard to her rights thereto, or waives any and all rights to consult with an attorney prior to 7 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final 8 Order below. 9 STIPULATION OF FACTS ‘ 1O 1. On August 28, 2008 the Commission received an application for an Initial l Teaching I 11 license from Ms. Brown. 12 2. On December 14, 2006 Ms. Brown was arrested after police found a small amount of 13 marijuana in her car, which at the time was parked on school grounds. 14 3. Ms. Brown submitted information with her application indicating that on March 30, 15 2007 she plead guilty under terms of the Georgia conditional discharge statute. Under the 16 terms of the conditional discharge Ms. Brown was required to complete a six (6) month 17 probation. Ms. Brown successfully complied with all terms of the probation thereby avoiding a 18 conviction in this matter. 19 4. In Ms. Brown's letter to the Commission explaining this event she suggested that the 20 marijuana found in her car did not belong to her, the police report in this matter indicated 21 otherwise. 22 IT IS SO STIPULATED AND AGREED T0: 23 rid-’ . Q/tha 24 Lin- 1 ayl n ‘ Date 25 ,IJjZ/ A1444‘ ['sifligi 26 ictoria Cha ‘Fl , Executive Director Date 27 Teacher Standards and Practices Commission Page 2 - STIPULATION OF FACTS, SUSPENSION OF RIGHT r0 APPLY AND ORDER 0F PROBATION - BROWN 1 CONCLUSIONS OF LAW 2 Lindsay Brown had marijuana in her car on school grounds. Brown suggested that she was not t 3 fully responsible for her arrest for possession of marijuana. This conduct constitutes gross 4 neglect of duty in violation of OAR 584-020-0040(4)(o) as it incorporates OAR 584-020- 5 0035(3)(a) and OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5). 6 STIPULATED FINAL ORDER 7 The Commission adopts and incorporates herein the above findings of facts and 8 _ conclusions of law, and based thereon, suspends the right of Lindsay Brown to apply for a 9 license for a period of three (3) months following the date of this order. 1O Furthermore, the Commission hereby imposes a four (4) year probation on Ms. Brown, 11 following the successful application and issuance of her license, and subject to the following 12 special terms and conditions of probation: 13 1. Ms. Brown shall report in writing within ten days to the Executive Director of the 14 Commission any arrest or citation for any felony, misdemeanor, or major traffic violation. 15 2. Ms. Brown shall comply with the Standards for Competent and Ethical Performance of 16 Oregon Educators under Oregon Administrative Rules, Chapter 584, and Division 020. 17 Violation of any of the terms of probation shall constitute an independent basis for the 18 Commission to revoke Ms. Brown's teaching license or othenlvise imposediscipline, after first 19 providing Ms. Brown with notice and opportunity for hearing. 20 /// 21 Issued and dated thissgzgay of February, 2009. 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 STATE OF OREGON 25 B 26 ictoria Cha ' , Executive Director 27 Page 3 - STIPULATION OF FACTS, SUSPENSION OF RIGHT TO APPLY AND ORDER OF PROBATION - BROWN