l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
431 In the Matter of the Educator License of ) DEFAULT ORDER OF
5 KIMBERLY DAWN DURHAM ) REVOCATION OF RIGHT TO APPLY FORAN
6 ) EDUCATOR LICENSE
Z
9 On December 20, 2012, the Teacher Standards and Practices Commission (Commission)
10 issued a Notice 0f Opportunity for Hearing to Kimberly Dawn Durham (Durham) in which the
l l Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class Mail
12 and U.S. Certified Mail Receipt 7011 2000 0001 1292 0042 to the address on file with the
13 Commission. The Notice designated the Commission file as the record for purposes 0f proving a
14 prima facie case. The Certified Mail receipt was returned, signed t0 the Commission on December
15 24, 2012. The regular mail was not returned to the Commission. The Notice 0f Opportunity of
16 Hearing, dated December 20, 2012, and signed by Victoria Chamberlain, Executive Director, stated:
l7 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIV ED UNLESS YOUR
19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF
20 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE
21 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE
22 REVOCATION OR SUSPENSION 0F YOUR LICENSE OR OTHER DISCIPLINE.”
‘ 2;; Durham did not request a hearing. The Commission, therefore, finds Durham to be in default and
i 25 enters the following findings of fact, conclusions of law, and final order, based on the files and
‘ 26 records of the Commission concerning this matter.
‘ 27 FINDINGS OF FACT
i 28 1. Kimberly Dawn Durham has never been licensed by the Commission. On June 16, 2012, the
29 Commission received Durham’s application for her Student Teaching / Practicum. Durham’s
30 application was referred to investigations based on information disclosed during the application
3 1 process.
32 2. The investigation determined that on August 17, 2011, Durham was convicted of “Maintenance 0f
33 Location for Unlawful Activities” in the Superior Court of Riverside California. Durham
34 explained, as part of her application, that this conviction was due to Durham’s husband
i 35 operating a meth lab out of their home. Durham stated she was not involved, but due to living in
36 the house, Durham was convicted of a lesser crime. As a result of Durham’s conviction, she was
37 sentenced to 36o hours of community service and formal probation for 36 months. Durham’s
38 statements t0 the Commission investigator were determined to be inconsistent with statements
39 Durham had previously provided police, and official police reports regarding the incident.
BQSVE|1—DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- DURHAM, KIMBERLY

l CONCLUSIONS OF LAW
2 Durham's conduct and convictions constitutes gross neglect of duty in violation of ORS
3 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional
4 judgment); OAR 584-020-0040(4)(0) as it incorporates OAR 584-020-0035(3)(a) (Maintain the
5 dignity of the profession by respecting and obeying the law, exemplifying personal integrity and
6 honesty); and OAR 584-020-0040(3)(a) (The Commission may initiate proceedings to suspend or
7 revoke the license or registration of an educator under ORS 342.175 or deny a license or
8 registration to an applicant under 342.143 who: Has been convicted of a crime not listed in section
9 (1) of this rule, if the Commission finds that the nature of the actor acts constituting the crime for
10 which the educator was convicted render the educator unfit to hold a license). This conduct also
11 establishes that you do not possess good moral character required to hold a license under ORS
12 342.143(2).
l3
14 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
l 5 FINAL ORDER
16 The Commission hereby revokes Kimberly Dawn Durham’s Right to Apply for an Educator
17 license. 4/
18 IT IS so ORDERED THIS Q/ day of June, 2013.
19 TEACHER STANDARDS AND PRACTICES COMMISSION
20 By: _—________—
21 Victoria Chamberlain, Executive Director
22
23 NOTICE OF APPEAL OR RIGHTS
24
25 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
26 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF
27 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
28 THE OREGON COURT OF APPEALS.
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- DURHAM, KIMBERLY
DAWN

CERTIFICATE OF MAILING
l hereby certify that | served the foregoing notice of final order, certified by me as such, by mailing U.S.
First Class Mail and U.S. Certified Mai|—Return Receipt Requested, addressed to:
Kimberly Dawn Durham
4306 NE 41st Ave
Portland, Oregon 97211-8246
Dated this Q Vu day of June, 2013.
By: D ld/ZlL/g Oilcc'tg' All i (i
Patty iddell
Investigative Assistant
PAGE 1- CERTIFICATE OF MAILING- DURHAM, KIMBERLY DAWN