1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 ln the Matter 0f the ) STIPULATION OF FACTS, 4 Teaching License of ) FINAL ORDER OF SUSPENSION 5 NANCY CHRISTINE VAN ROOY ) AND PROBATION 6 On or about October 11, 2007, the Teacher Standards and Practices Commission 7 (Commission) received a report from Dr. Dennis Carter, Superintendent, Ontario School District, 8 indicating that Nancy Christine Van Rooy (Van Rooy) appeared on duty under the influence of 9 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 and the imposition of a one (1) year suspension of licensure followed by a four (4) year 13 period of probation upon reinstatement of Licensure. Ms. Van Rooy understands that the 14 probation will be subject to specific conditions. 15 This document sets forth the facts upon which the parties have agreed and the 16 stipulated sanction to be imposed. Ms. Van Rooy stipulates that there is sufficient evidence in 17 the Commission’s files and records to support the findings of fact, conclusions of law, and order 18 set forth below. 19 By signing below, Ms. Van Rooy acknowledges, understands, stipulates, and agrees to 20 the following: (i) she has been fully advised of her rights to notice and a hearing to contest the 21 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 22 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts, Order of 23 Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a 24 public document and disclosed to the public upon request by the Commission; (iii) this 25 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 26 Commission. lf the Commission does not approve and adopt this Stipulation and Final Order, 27 then neither Ms. Van Rooy nor the Commission are bound by the terms herein; (iv) she has fully 28 read this Stipulation and Final Order, and understands it completely; (v) she voluntarily, without Page 1 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION —VAN ROOY 1 any force or duress, enters into this Stipulation and Final Order and consents to issuance and 2 entry of the Stipulated Final Order below; (vi) she states that no promises or representation has 3 been made to induce her to sign this Stipulation and Final Order; and (vii) she has consulted 4 with an attorney regarding this Stipulation and Final Order and has been fully advised with 5 regard to her rights thereto, or waives any and all rights to consult with an attorney prior to 6 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final 7 Order below. 8 STIPULATION OF FACTS 9 1. The Commission has licensed Ms. Van Rooy since August 24, 1995. Ms. Van Rooy 10 holds a Standard Teaching License issued March 27, 2006, valid through June 15, 2010, with 11 Endorsements in Basic Physical Education, Standard Handicapped Learning and Standard 12 Physical Education. 13 2. On May 9, 2003, the Commission adopted a Stipulation of Facts, Order of Reprimand 14 and Probation disciplining Ms. Van Rooy for an incident in which she appeared on duty under 15 the influence of alcohol at Portland Public Schools. On August 9, 2005 the Commission 16 adopted a Stipulation of Facts, Order of Suspension and Probation disciplining Ms. Van Rooy 17 for an incident in which she appeared on duty under the influence of alcohol at Portland Public 1 8 Schools. 19 3. Ms. Van Rooy was employed with Ontario School District during the 2007/2008 20 school year until her resignation effective the end of the 2008 school year. 21 4. On October 9, 2007, Ms. Van Rooy appeared on duty under the influence of alcohol. 22 Ms. Van Rooy continued to consume alcohol throughout the day until confronted about her 23 condition by school administration. 24 /// . 25 /// . ‘ 26 /// Page 2 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION —VAN ROOY 1 5. The District allowed Ms. Van Rooy to continue her employment for the remainder of 2 the 2007/2008 school year, during which there were no further incidents giving rise to discipline. 3 lT IS SO STIPULATED AND AGREED T0: 4 p ‘ . 5 4W”; [6124M >1 6 ancy istine Van Rooy . Date 7 / J \ 8 M 9 v ictoria Ch-“V Executive Director ’ Date i 10 Teacher Standards and Practices Commission 11 CONCLUSION OF LAW 12 Nancy Christine Van Rooy appeared on duty under the influence of alcohol on October 13 9, 2007. This conduct constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(g) I 14 and OAR 584-020-0040(4)(k). By engaging in this conduct Ms. Van Rooy also violated a term 15 of probation imposed by the Commission. The Commission has the authority to impose 16 discipline in this matter under ORS 342.120 through ORS 342.430 and OAR Chapter 584. 17 FINAL ORDER 18 The Commission adopts and incorporates herein the above findings of fact and 19 conclusion of law, and, based thereon, hereby suspends the Standard Teaching License of 20 Nancy Christine Van Rooy for a period of one (1) year. At the end of the suspension period, 21 Ms. Van Rooy may apply for reinstatement of her Standard Teaching License. 22 Furthermore, upon reinstatement of licensure, the Commission imposes a four (4) year 23 probation upon Ms. Van Rooy to commence the date of issuance of said license subject to the 24 following terms and conditions: 25 1. Ms. Van Rooy shall, at her own initiative and expense, continue her current treatment 26 plan for her alcohol dependency as recommended by her alcohol treatment provider and shall 27 abstain from the consumption of alcohol; 28 2. During the period of her probation, Ms. Van Rooy shall submit to the Executive 29 Director of the Commission reports of her compliance with the treatment plan. Ms. Van Rooy Page 3 STIPULATION OF FACTS, FiNAL ORDER OF SUSPENSION AND PROBATION —VAN ROOY 1 shall provide these reports every six (6) months during her probation. The first report is due no 2 later than six months from the date of this order; 3 3. As part of these probation reports, Ms. Van Rooy will submit proof of her compliance 4 with her attendance at her chosen sobriety program and grants the Commission permission to 5 verify her attendance. 6 4. Ms. Van Rooy shall report in writing within ten days to the Executive Director of the 7 Commission any arrest or citation for any felony, misdemeanor, major trafflc violation or 8 violation of criminal probation; and 9 5. Ms. Van Rooy shall comply with all Standards for Competent and Ethical 10 Performance of Oregon Educators pursuant to Oregon Administrative Rules, Chapter 584, 11 Division 020. 12 If Ms. Van Rooy does not comply with her treatment plan, she shall be in violation of 13 the terms of this probation. Violation of the terms of this probation may constitute an 14 independent basis for the Commission to impose discipline, up to and including revocation of 15 Ms. Van Rooy‘s teaching license subject to Ms. Van Rooy‘s right to a hearing on the issue of 16 whether she violated probation. . F \D Q 00‘? 17 Issued and dated this syéldday of 18 TEACHER STANDARDS AND PRACTICES COMMISSION 19 STATE OF OREGON . 20 i ( I 21 B 22 |ctoria Chamber a| , xecutive Director 23 Approved as to form: 24 ~ ‘ 25 ‘AI. .. l 26 Naomi Si SB# 081220 27 Attorney or Nancy Christine Van Rooy [0609081 Page 4 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION AND PROBATION —VAN ROOY