1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
231 In the Matter of the )
5 Teaching License of ) DEFAULT ORDER OF
6 CAROLYN SUE BARNES ) LICENSE REVOCATION
7
8 On December 24, 2007, the Teacher Standards and Practices Commission
9 (Commission) issued a Notice of Opportunity for Hearing to Carolyn Sue Barnes (Barnes) in
10 which the Commission charged her with misconduct under ORS 342.175. The Notice was sent
Ii via U.S. First Class Mail and U.S. Certified Mail Receipt 7005 0810 0001 4602 4191 t0 the
12 address Ms. Barnes provided to the Commission. The certified mail receipt was signed by
13 Eleanor Barnes and returned to the Commission on December 28, 2007. The Notice of
14 Opportunity of Hearing, dated December 24, 2007, and signed by Victoria Chamberlain,
15 Executive Director, stated:
16 “You, Carolyn Sue Barnes, are entitled to a hearing on the proposed action of the
17 Commission. lf you want a hearing, you must file a written request for a hearing
18 with the Commission within 21 days of the date of this notice. Attached to this
19 notice is a copy of the procedures, right of representation and other rights of
20 parties relating to the conduct of a hearing as required under ORS 183.413(2)."
i2 Ms. Barnes did not request a hearing. The Commission, therefore, finds
23 Ms. Barnes to be in default and enters the following findings of fact, conclusions of law
24 and order, based on the files and records of the Commission concerning this matter.
25 FINDINGS OF FACT
26 1. The Commission issued a Basic Teaching License to Ms. Barnes on February 7,
27 2007, valid until March 15, 2010, with Administrative Services and Standard General Business
28 Endorsements and a Substitute Teaching License on March 15, 2006, valid until March 15,
29 2009, with a Substitute Any Specialty Endorsement.
30 2. On or about February 6, 2007, Ms. Barnes reported tor substitute teaching duty at
31 Foster Elementary School at approximately 10:45 a.m. While there, Ms. Barnes became
32 agitated when she learned the substitution assignment was for a cafeteria worker. Ms. Barnes
PAGE 1 — DEFAULT ORDER OF LICENSE REVOCATION — CAROLYN SUE BARNES

1 appeared to be incapacitated, unsteady on her feet, and slurred her speech. School staff
2 smelled alcohol on Ms. Barnes breath while she was at the school. As Ms. Barnes went to
3 leave the school, she bumped into a side mirror of a pick up in the parking lot and appeared
4 unsteady. The school principal reported Ms. Barnes conduct to the Sweet Home Police
5 department. By Ms. Barnes conduct described above, she appeared for duty while under the
6 influence of alcohol or a controlled substance, in violation of OAR 584-020-0040(4)(g).
7 3. On or about March 15, 2007, Ms. Barnes was convicted for Driving Under the
8 Influence of lntoxicants in the Municipal Court of Sweet Home. The conviction resulted from
9 Ms. Barnes conduct immediately after leaving Foster Elementary as described in paragraph 1.
10 A police officer responding to the school principal’s call witnessed Ms. Barnes driving erratically
11 from the Foster Elementary School parking lot for several blocks. After being arrested and
12 cited, Ms. Barnes registered a 0.12% blood alcohol content at approximately 12:20 p.m. Ms.
13 Barnes conviction under the specific circumstances constitutes gross unfitness in violation of
14 OAR 584-020-0040(5)(c). (Conviction of violating any federal, state, or local law. A conviction
15 includes any final judgment of conviction by a court whether as the result of guilty plea, no
16 contest plea or any other means).
17 4. During the course of the investigation Ms. Barnes was untruthful to TSPC
18 investigators in her responses to questions concerning these events. Ms. Barnes responses to
19 questions regarding the above incidents were contrary to what was contained in the police
20 reports and reports from school personnel. By misrepresenting the nature and extent of the
21 incidents above, Ms. Barnes engaged in gross neglect of duty in violation of OAR 584-020-
22 0040(4)(c).
23 CONCLUSIONS OF LAW
2: Carolyn Sue Barnes’ appearance for duty under the influence of alcohol constitutes
26 Gross Neglect of Duty in violation of OAR 584-020-0040(4)(g). Ms. Barnes’ conviction for DUII
PAGE 2 — DEFAULT ORDER OF LICENSE REVOCATION — CAROLYN SUE BARNES

1 constitutes Gross Unfitness in violation of OAR 584-020-0040(5)(c). Ms. Barnes’
2 misrepresentation of the nature and extent of the incidents above constitutes Gross Neglect of
3 Duty in violation of OAR 584-020-0040(4)(c). The Commission’s authority to impose discipline
4 in this matter is based on ORS 342.177.
5 FINAL ORDER
6 The Commission adopts and incorporates herein the above findings of facts and
7 conclusions of law, and based thereon, hereby revokes the Basic Teaching License and
8 Substitute Teaching License issued to Carolyn Sue Barnes.
9 Issued and dated this //—/ day of February, 2008.
10 TEACHER STANDARDS AND PRACTICES COMMISSION
:1 2 g .
13 By: W
14 ictoria Ch , Executive Director
15 NOTICE OF APPEAL OR RIGHTS
I: YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
18 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE
19 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS
20 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3 — DEFAULT ORDER OF LICENSE REVOCATION — CAROLYN SUE BARNES

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 Mail-Return Receipt Requested, addressed
5 to:

6

7 Carolyn Sue Barnes

8 810 Elm Street

9 4] Sweet Home OR 97386-3424
10 2. ‘)1
11 Dated this é 2 day of March, 2008.
12
13 t A A '
l4 7) 1/ / ‘Cg/2111a
15 By: / ‘ V , Cl
16 MeloKHansonstecutive Assistant

J
l
PAGE 1 — CERTIFICATE OF MAILING — CAROLYN SUE BARNES