1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION OF 6 ) RIGHT TO APPLY 7 SUZANNE VICTORIA MILANO ) FOR LICENSURE 8 9 10 On December 29, 2015, the Teacher Standards and Practices Commission 11 (Commission) issued a Notice of Opportunity for Hearing t0 Suzanne Victoria Milano 12 (Milano) in which the Commission charged her with Gross Neglect 0f Duty. The Notice was 13 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 0640 0004 7539 6755 to 14 the address on file with the Commission. The Notice designated the Commission file as the 15 record for purposes of proving a prima facie case. The Certified Mail receipt was returned 16 signed to the Commission dated January 11, 2016. The first class mail was not returned t0 17 the Commission. The Notice 0f Opportunity of Hearing, dated December 29, 2015, and 18 signed by Victoria Chamberlain, then Executive Director, stated: l9 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 20 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 21 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 22 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 23 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 24 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 25 YOUR LICENSE OR OTHER DISCIPLINE.” 26 27 On January 25, 2016, Milano requested a hearing. After engaging in discussion about the 28 possible resolution options, on February 14, 2017, Milano, through her attorney, withdrew 29 her request for a hearing resulting in a default order. The Commission, therefore, finds 30 Milano to be in default and enters the following findings of fact, conclusions 0f law, and final 31 order, based on the files and records of the Commission concerning this matter. 32 FINDINGS OF FACT 33 1. Milano has been licensed by the Commission since September 11, 2012. Milano 34 previously held a Transitional Administrator License, with an endorsement in 35 Administrator (ALL LVL), valid from September 11, 2012, through March 11, 2014. 36 PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPY FOR LICENSURE- SUZANNE VICTORIA MILANO 1 2. On September 24, 2012, the Commission received a report from the Portland 2 Public Schools (PPS) advising that Milano may have violated professional 3 standards by providing false information on employment and licensure 4 application paperwork. Subsequent investigation determined Milano made 5 application for employment with PPS on June 26, 2012. Milano answered “No” to 6 the application background questions, including the question “Have you ever 7 been investigated for misconduct related to your employment?” On or about July 8 26, 2012, Milano had been officially advised that she was under investigation by 9 the State of Florida Education Practices Commission regarding allegations of 10 professional misconduct. l l 12 On August 8, 2012, Milano updated her application with PPS, failing to advise 13 PPS that she was under investigation in Florida. On August 30, 2012, Milano was 14 offered employment with PPS, which Milano accepted on August 31, 2012. On 15 September 6, 2012, the Commission received Milano’s application for licensure, 16 which was signed by Milano on August 3, 2012. Milano answered “N0” to 17 character question number two (#2) “Are you currently the subject of an inquiry, 18 review or investigation for alleged misconduct or alleged violation of professional 19 standards of conduct by either an employer or licensure agency?” On September 20 18, 2012, PPS learned Milano was under investigation in Florida, determined that 21 Milano had provided false information on her application for employment, and 22 rescinded their offer of employment to Milano. Milano was terminated from her 23 employment in Florida on January 7, 2013. 24 CONCLUSIONS OF LAW 25 Suzanne Victoria Milano engaged in unprofessional conduct as described in 26 section two (2) above. Milano’s conduct constitutes gross neglect 0f duty in violation 27 of ORS 342.175(1)(b); OAR 584-020—oo4o(4)(n) as it incorporates OAR 584-020- 28 0010(5) (Use professional judgment), OAR 584-020-0040(4)(c)( Falsification of 29 any document or knowing misrepresentation directly related to licensure, 30 employment, 0r professional duties). 31 hPflASiZQ-DEFAULT ORDER 0F REVOCATION OF RIGHT TO APPY FOR LlCENSURE- SUZANNE VICTORIA ;_————————_ l 2 The C0mmission’s authority to impose discipline in this matter is based 3 upon ORS 342.175. 4 FINAL ORDER 5 The Commission hereby revokes Suzanne Victoria Milano’s right to apply for 6 an Oregon educator license. 7 IT 1s so ORDERED THIS 427% day of February, 2017. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 By: i i I i ‘L A 10 Dr. Monica Beane, Executive Director ll 12 NOTICE OF APPEAL OR RIGHTS l3 l4 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 15 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM l6 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 17 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT To APPY FOR LlCENSURE- SUZANNE VICTORIA MlLANO CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed t0: Suzanne Victoria Milano 14831 Palmetto Palm Ave Hialeah, FL 33014-2648 Dated this ,Z 2% day of February, 2017. By: W Patty eldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— SUZANNE VICTORIA MILANO 4——-—-———_#