1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION .7 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS, 4 Teaching License of ) ORDER OF REPRIMAND 5 NANCY CHRISTINE VAN ROOY ) AND PROBATION 6 On or about May 22, 2002, the Teacher Standards and Practices Commission 7 (Commission) received a report from Maureen R. Sloane, Human Resources Counsel of 8 Portland Public Schools indicating that Nancy Christine Van Rooy (Van Rooy) may have 9 violated Standards by appearing on duty under the influence of alcohol. 10 After review of the matters alleged, Ms. Van Rooy and the Commission agree that their 11 respective interests, together with the public interest, are best served by a stipulation to certain 12 facts, the imposition of a Public Reprimand and a four (4) year probation. This Order sets forth 13 the facts upon which the parties have agreed and the sanction to be imposed. Ms. Van Rooy 14 stipulates that there are sufficient facts contained in the Commission's files and records to support the findings of fact and conclusions of law set forth below. In entering into this ‘6 stipulation, Ms. Van Rooy waives the right to a hearing to contest the findings of fact, conclusion 17 of law and order set forth below. Ms. Van Rooy understands that the probation will be subject to 18 specific conditions. l 19 Ms. Van Rooy enters into this Stipulation of Facts with the knowledge that the 2O Commission shall place her on probation for a period of four (4) years. This Stipulation is 21 contingent upon approval and adoption of the Order by the full Commission. If the Commission 22 does not adopt this Order, neither Ms. Van Rooy nor the Commission are bound by these 23 stipulations and Ms. Van Rooy retains the right to a hearing on the allegations. 24 STIPULATION OF FACTS 25 1. The Commission has licensed Nancy Christine Van Rooy since October 20, 26 1975. Ms. Van Rooy currently holds a Standard Teaching License valid March 14, 2000, 7 through June 15, 2005, with Basic Physical Education, Standard Health Education and Q Standard Handicapped Learnerl Endorsements. Page 1 — STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - VAN ROOY 1 2. Ms. Van Rooy has served as a teacher for Portland Public Schools since August 27, ‘ 1992. 3 3. Ms. Van Rooy was arrested on October 7, 2000, in Portland, Oregon, for Driving 4 Under the Influence of lntoxicants. On November 9, 2000, Ms. Van Rooy was granted 5 Diversion in the Circuit Court of the State of Oregon for Multnomah County. She completed the 6 Diversion on December 17, 2001. 7 4. Ms. Van Rooy was convicted on March 15, 2002, for Driving Under the Influence of 8 lntoxicants in the Circuit Court of the State of Oregon for Multnomah County. 9 5. Ms. Van Rooy appeared on duty under the influence of alcohol on or about May 9, 10 2002, at Lincoln High School. 11 6. Ms. Van Rooy participated in an outpatient chemical dependency treatment program 12 at Providence Medical Center beginning May 13, 2002. She was discharged on March 7, 2003. 13 Ms Van Rooy is currently participating in aftercare. 7. Ms. Van Rooy recognizes that she has an alcohol dependency problem and has q agreed to a plan of treatment and aftercare as prescribed by her treatment provider. 16 IT IS SO STIPULATED: _ 17 /7’ ,1‘ fMW/Dr? lggt)&[fl,> 18 Na . C t’ ' — Van Rooy f; Date 19 ,WMJ/ M ' 64,2191 20 Victoria l a nerlain, Ex-cutive Director Date l 21 Teacher Standards and Practices Commission 3 22 CONCLUSIONS OF LAW 23 Nancy Van Rooy violated OAR 584-020-0040(4)(g) by appearing on duty while under 24 the influence of alcohol on or about May 9, 2002, at Lincoln High School. This misconduct 25 constitutes Gross Neglect of Duty. Ms. Van Rooy’s conviction for Driving Under the Influence 26 of lntoxicants constitutes Gross Unfitness as defined in OAR 584-020-0040(5)(c) and OAR 584- 27 020-0040(5)(e). The Commission's authority to impose discipline in this matter is based upon . ORS 342.175. Page 2 — STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - VAN ROOY .1 ORDER 2 The Commission imposes a Public Reprimand upon Ms. Van Rooy. The Stipulation of Q Facts, Order and subsequent Probation constitutes the Reprimand. Furthermore, the 4 Commission imposes a four (4) year probation upon Ms. Van Rooy subject to the following 5 terms and conditions: 6 1. Ms. Van Rooy shall, at her own initiative and expense, continue to obtain treatment 7 for her alcohol dependency as recommended by her alcohol treatment provider and shall 8 abstain from the consumption of alcohol. 9 2. During the period of her probation, Ms. Van Rooy shall submit to the Executive 1O Director of the Commission reports of her compliance with the treatment plan. Ms. Van Rooy 1 1 shall provide these reports every six (6) months during her probation, on or before: November 9, 12 2003; May 9, 2004; November 9, 2004; May 9, 2005; November 9, 2005; May 9, 2006; 13 November 9, 2006; and May 9, 2007. 14 3. Ms. Van Rooy shall report in writing within ten days, to the Executive Director of the Q Commission, any arrest (or citation) for any felony, misdemeanor or major traffic violation. 16 4. Ms. Van Rooy shall comply with all Standards for Competent and Ethical 17 Performance of Oregon Educators pursuant to Oregon Administrative Rules, Chapter 584, 18 Division 020. 19 If Ms. Van Rooy does not comply with her treatment plan based on the reports of her ‘ 20 treatment provider or as othen/vise determined by the Executive Director she shall be in violation 21 of the terms of this probation. Violation of the terms of this probation may constitute an 22 independent basis for the Commission to impose discipline, up to and including revocation of 23 Ms. Van Rooy’s teaching license subject to Ms. Van Rooy’s right to a hearing on the issue of 24 whether she violated probationywx) 25 IT IS SO ORDERED this i day of May, 2003 26 TEACHER STANDARDS AND PRACTICES COMMISSION O 1 /\ 28 ‘y %@"11m (Q 41,, 29 Victoria C ambrlain, Execu we Director [0401031 Page 3 - STIPULATION OF FACTS, ORDER OF REPRIMAND AND PROBATION - VAN ROOY