1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION , STATE OF OREGON 3 In the Matter of the Teaching License of > 4 l STIPULATION AND ORDER OF SUSPENSION JANE MERIDETH McCLELLAN 5 I Case No. 107941 6 7 The Teacher Standards and Practices Commission (Commission) issued a Notice of 8 Opportunity for Hearing on January 16, 2003, to Jane Merideth, proposing to impose discipline 9 under ORS 342.177. Ms. McClellan requested a hearing to contest the allegations in the Notice. 10 The Commission subsequently amended the Notice on April 28, 2003 and assigned the case to 11 the Office of Administrative Hearings for scheduling a hearing. The parties have since reviewed 12 the matter alleged and have agreed that their respective interests, together with the public interest, are best served by a stipulation to certain facts and an order suspending Ms. McClellan’s 14 license for 30 days, followed by a period of probation. 15 In entering into this stipulation, Ms. McClellan waives her right to a hearing and 16 understands that the Commission will impose discipline as set forth in this order. This 17 Stipulation and Proposed Order are contingent on approval by the full Commission. If the 18 Commission does not approve this Stipulation and Proposed Oder, it is understood that any 19 waiver of rights is therefore revoked. It is further understood that the statements contained in 20 this stipulation may not be used by either the Commission or Ms. McClellan for any reason if the 21 Commission fails to approve the stipulation and proposed order. 22 STIPULATED FACTS 23 Ms. McClellan and the Commission stipulate as follows: {ige 1 - STIPULATION AND ORDER OF SUSPENSION/McClellan JGM:1jh\GENG3734 1 1. Ms. McClellan currently holds a Standard Personnel Service License which is ' effective until July 6, 2007. She was initially issued an Emergency Personnel Service License in 3 1987, and she then held a Basic Personnel Service License from 1990 to 1996. In 1996, she was 4 issued a Standard Personnel Service License which she continues to hold. 5 2. In the fall of 1998, Ms. McClellan accepted the position of Vice- 6 Principal/Athletic Director for the Veronia High School in the Veronia School District. Her 7 employment assignment was as an administrator as that term is defined under OAR 584-005- 8 0005(2). She continued to hold this position from the fall of 1998 until the spring of 2002. 9 3. Ms. McClellan was not qualified to accept and hold the position of Vice- 10 Principal/Athletic Director because she did not hold an administrative license. 11 Wang/Amado w ~0 > Jane Merideth McClellan Date 14 W $42,035 15 ictoria Ch rlain xecutive Director Date 16 CONCLUSION OF LAW l7 Ms. McClellan held an educational position for which she was not qualified under an 18 appropriate administrative license. This conduct constitutes gross neglect of duty under OAR 19 584-020-0040(o) as it incorporates OAR 584-020-0035(2)(a). 20 ELDER 21 The Oregon teaching license of Jane Merideth McClellan is suspended for a period of 30 22 days from the date of this order. 23 1 'ge 2 - STIPULATION AND ORDER OF SUSPENSION/McClellan I JGM:rjh\GENG3734 1 Upon expiration of the period of suspension or timely application for reinstatement under ' OAR 584-050-0015(3), Ms. McClellan's shall be reinstated, and she shall be placed on probation 3 for a period of one year subject to the conditions that she hold no educational position for which 4 she is not appropriately licensed and that she comply with all requirements for competent and 5 ethical performance of Oregon educators under OAR 584 division 020. 6 Violation of any condition of probation may constitute an independent basis for the 7 Commission to impose discipline, up to and including revocation of Ms. McClellan’s Oregon 8 Teaching License, subject to her right to a hearing on the issue of whether she violated probation. 9 IT IS SO ORDERED this ézday of August 2003. 10 11 TEACHER STANDARDS AND PRACTICES COMMISSION 12 . Bzrflzg %% fizz é Victoria Ch berlain, Executive irector l4 15 16 17 18 19 20 21 22 23 ‘age 3 - STIPULATION AND ORDER OF SUSPENSION/McClellan JGM:Ijh\GENG3734