BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION v‘ i or THE STATE OF OREGON In the Matter of the ) STIPULATION OF FACTS, Teaching License of ) ORDER OF SUSPENSION LORNA HAYDEN ) AND PROBATION ) On April l3, I999, the Commission received a report of misconduct regarding Hayden’s behavior from Brian Metke, Superintendent of Glendale School District. On 0r about May 20, I999, Hayden completed her application for license renewal On May 28, 1999, the Commission notified Hayden that based upon her recent work history, and reports of alleged inappropriate comments to students and staff of Glendale School Distn'ct that Hayden lacked fitness to serve as an educator ( V i and denied her application for lieensure. On May 28, 1999, by and through her i attorney, Barbara Diamond, Hayden requested a hearing on the denial of renewal. After review of the matters alleged, Hayden and the Commission agree that their respective interests, together with the public interest, are best served by a stipulation to certain facts and the imposition of a 5-month suspension of Hayden’s right to apply for a Teaching License. The Commission will impose a period of four (4) years probation upon reinstatement of her teaching license, This Order sets’ forth the facts upon which the parties have agreed and the sanction t0 be imposed. In entering into this stipulation, Hayden waives the right to a hearing to contest the findings of fact, conclusion of law and order set forth below, Hayden understands ' _ 2 that the probation and suspension will be subject t0 specific conditions‘ Page l - STIPULATION OP FACTS‘ ORDER OF SUSPENSION AND PROBATION — HAYDEN ‘ STIPULATION OF FACTS ' l, Hayden’s Standard Teaching License expired on January 22, I999. There are no previous complaints on file with the Commission for this educator. 2. The licensure file for Hayden indicates that on her I981 C-l Application for Renewal she reported a conviction for Driving Under the Influence of Intoxicants > (DUII) on May l3, 1981 in Josephine County District Court. The Commission took no disciplinary action. 3. On August 28, 1998 Hayden was convicted for Driving Under the Influence of Intoxicants (DUII) in Douglas County Circuit Court. The Court sentenced Hayden to serve one weekend in the county jail, required her to submit to an alcohol evaluation and complete an alcohol treatment program within one year at ' her one‘. expense. 4. Hayden completed the court ordered treatment program on or about Ianuary 26, 2000. 5. During the 1998-1999 school year, there were a number of complaints about Hayden's behavior as an educator both on school grounds and off school grounds wherein Hayden appeared to be under the influence of alcohol. These complaints were found to be true in Fair Dismissal case 99-4. There was no allegation that Hayden was under the influence of alcohol while in the classroom or supervising children. Hayden enters into this Stipulation 0f Facts with the knowledge that the ‘ Commission will suspend her right to apply for an Oregon Teaching License for a Page 2 - STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — HAYDEN period of 5 months and upon reinstatement of the license shall place her on ‘ probation for a period of four (4) vears. This Stipulation is contingent upon approval and adoption of the Order by the full Commission. If the Commission does not adopt this Order, neither Hayden nor the Commission are bound by these stipulations, and Hayden retains the right t0‘ a hearing on the allegations. ‘ IT IS SO STIPULATED: _ r Hayfle Da e QM @ih Mil/6 P’ David V. Myton, Exe utive Director Date Teacher Standards and Practices Commission CONCLUSIONS OF LAW Hayden’s actions, as described in paragraphs 2-5 above, are in violation of . ORS 342.175, OAR 584-020-0040(3)(a) and 584-020-0040(5)(c), Gross Unfitness, because her convictions for driving under the influence of alcohol and being on school grounds while under the influence of alcohol rendered Hayden unfit to hold a license. Hayden’s actions as described in paragraph 5 above are also in violation of OAR 584-020-0040(4)(d) and (0), Gross Neglect of Duty, and OAR 584-020- épwl/ 0040(5)(c), Gross Unfitness, because she was found to have engagedfi mafngi; . Glareaterri-ngbehavior and failed to respect and obey the law. {OJ/‘WM /// ' /// Page 3 — STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — HAYDEN ORDER . The Commission adopts the above finding of fact and suspends Hayden’s right to apply for an Oregon Teaching License for a period of 5 months commencing on August 2, 2002. At the end of the suspension period, Hayden’s teaching license shall be reinstated upon application as provided by OAR 584-050-0015. Hayden will be placed on four (4) years probation, commencing upon reinstatement of her license subject to the following specific conditions: a) Hayden will conduct herself as a law~abiding citizen; b) Hayden shall report in writing within ten Clays to the Executive Director of the Commission any arrest or citation for any felony, misdemeanor, major traffic violation; c) Hayden shall comply with the Standards for Competent and Ethical ' Performance of Oregon Educators under OAR 5 84, Division 20. Violation of the terms of this probation may constitute an independent basis for the Commission to impose discipline, up t0 and including revocation of Hayden’s teaching license subject to Hayden‘s right t0 a hearing on the issue of whether she Violated probation. (0wa Dated this _/L day 0f Aughst, 2002. TEACHER STANDARDS AND PRACTICES COMMISSION BM Executive Director Approved as t0 fonn: " , MAMV/ 1% J12? %\ [Lfia'l 6K . Barbara I. Di 0nd, OSB# 85039 Gauy Co dy, AAG OSB t I I8 Attorney for Lorna Hayden T Page 4 - STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — HAYDEN