1 BEFORE TEACHER STANDARDS AND PRACTICES COMMISSION OF THE STATE OF 2 OREGON 3 In the Matter of the Teaching License of: DEFAULT ORDER OF REVOCATION ' 4 TONY JAMES RAMOS Case No. 100027 5 6 7 The Teacher Standards and Practices Commission (Commission) issued a Notice of 8 Opportunity of Hearing on October 5, 2001, proposing to suspend or revoke the teaching license 9 of Tony James Ramos. Mr_ Ramos wrote letters to the Commission in response to the Notice of 10 Opportunity for Hearing on October 25 and December 17, 2001 disputing the allegations in the ll Notice. The Commission treated Mr. Ramos’ correspondence as a request for hearing and 12 advised Mr. Ramos of this fact in a letter dated March 13, 2002. 13 On May 3, 2002, the Commission entered an Amended Notice of Hearing and assigned l4 the case to the Hearing Officer Panel. The Panel assigned the case to Administrative Law Judge 15 Ella Johnson and subsequently scheduled the case for hearing on September 27, 2002. The Panel 16 also sent notice of the time, date and place of the hearing to MI. Ramos at the mailing address 17 Mr. Ramos had provided to the Commission. 18 Mr. Ramos failed to appear at the September 27 hearing. The Hearing Notices contained l9 a statement that if Mr. Ramos failed to appear at the hearing, the Commission would adopt an 20 order by default. The Notices further provided that the files and records of the Commission 21 would automatically become part of the contested case record in the event of default. 22 The Commission finds Mr. Ramos to be in default and such default is hereby entered. 23 ' Page 1 — DEFAULT ORDER OF REVOCATION —- TONY J. RAMOS JGMzrjh/Ramos default order.doc Depammm anustice ll62 Court Street NE Salem, on 91310 (503) 373mm '1 Based on its file and records in this matter, the Commission makes the following findings of fact 2 and adopts the following order: 3 FINDINGS OF FACT 4 l. Mr. Ramos holds a Standard Administrator License valid from January 30, 2001 5 to December 26, 2005. He also holds a Basic Administrative License valid from 6 January 30, 2001 to December 26, 2002. 7 2. Mr. Ramos was employed as Superintendent of the Douglas County School 8 District #15 in Days Creek, Oregon, from July 1998 until May 2001 when he was 9 placed on administrative leave. The school district allowed his employment 10 contract to expire at the end of the 2000-2001 school year. ll 3. On January 12, 2001, Mr. Ramos entered into a Stipulation of Facts with the ‘2 Commission and agreed to a suspension of his administrative licenses for a period 13 of 60 days commencing on November 24, 2000, when he had entered into a 14 residential alcohol treatment program. The January 12, 2001 order contained 15 these findings: (a) Mr. Ramos completed a diversion program based on a charge 16 of driving under the influence of intoxicants in April 2000. (b) Shortly before l7 completion of diversion, Mr. Ramos was again arrested for driving under the 18 influence and recklessly endangering. At that time his blood-alcohol content, as l9 measured by an intoxilyzer, was 0.27 percent. He was subsequently convicted of 20 the crime of driving under the influence. (c) Mr. Ramos appeared on duty and 21 was visibly intoxicated in May 2000 and again in November 2000. 22 The Commission’s January 12, 2001 order further provided that upon ‘3 reinstatement of his suspended license, Mr. Ramos would be placed on probation Page 2 — DEFAULT ORDER OF REVOCATION — TONY J. RAMOS J GMzrjh/Ramos default orderrdoc Department of Justice 1162 Court sum NE $2322.33? . '1 to the Commission for a period of four years. Conditions of probation included: 2 (a) Obtain treatment for alcohol dependency, (b) provide the Commission with a 3 copy of the alcohol treatment plan, (c) comply with all terms of the treatment 4 plan, and (d) provide the Commission with a copy of the alcohol treatment plan 5 and monthly reports during the first six months of probation and quarterly reports 6 during the remainder of the probation. 7 4. Mr. Ramos has failed to provide periodic progress reports from his alcohol 8 treatment plan as required under the terms of his probation. 9 5. During the winter and spring of 2001, Mr. Ramos appeared on at least two 10 occasions at school functions after he had been consuming alcohol and while ll under the influence of alcohol. ‘2 6. During the 2000-2001 school year, Mr. Ramos’ employing school district had l3 placed him on a plan of assistance. The plan of assistance required Ramos to l4 comply with his alcohol treatment plan, to provide monthly reports of his 15 compliance with treatment and to submit to random urinalysis and breath testing. l6 On May 9, 2001, Mr. Ramos was requested by members of the Days Creek l7 School Board to submit to a random urinalysis and breath test. Mr. Ramos 18 refused to submit to the tests. Mr. Ramos failed to provide reports from his l9 treatment program to the district. 20 CONCLUSIONS OF LAW 21 l. Mr. Ramos violated the terms of probation as contained in the Commission’s 22 order dated January l2, 2001 by failing to comply with his alcohol treatment ‘3 Page 3 — DEFAULT ORDER OF REVOCATION — TONY J. RAMOS . J GM:rjh/Ramos default orderdoc Department of Justice 1162 Court Street NE $2153 §’7‘§.233§° .1 program, failing to abstain from consumption of alcohol and failing to provide 2 periodic reports of his progress in the alcohol treatment plan. 3 2. Mr. Ramos violated OAR 584-020-0040(4)(g) by appearing on duty on at least 4 two occasions while under the influence of alcohol. 5 3. Mr. Ramos violated OAR 584-020-0035(2)(a) and 584-020-0040(4)(o) by failing 6 to comply with a plan of assistance with his employing school district when he 7 did not provide the district with progress reports from his alcohol treatment plan, 8 when he appeared for duty while under the influence of alcohol and when he 9 refused to submit to urinalysis and breath tests. 10 DISCUSSION ORDER ll In its January 2001 order, the Commission provided Mr. Ramos with a last ‘2 opportunity to comply with Commission standards and to participate fully in alcohol l3 treatment. Mr. Ramos failed to meet this challenge. The administrative licenses of Tony l4 James Ramos are hereby revoked. 15 DATED this _,Zj_' day of October 2002. l 6 l7 TEACHER STANDARDS AND PRACTICES COMMISSION l 8 20 Victoria Chamberlai , Executive irector 21 Notice: You are entitled to Judicial Review of this order. Judicial Review may be obtained by filing a petition for review within 60 days from the service of this order. Judicial Review is 22 pursuant to the provision of ORS 183.482 to the Oregon Court of Appeals. 23 O Page 4 — DEFAULT ORDER OF REVOCATION — TONY J. RAMOS JGMzrjh/Ramos default order.doc Depanmmr of Justice 1162 Coun saw NE Stanza“