1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
¢ 2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS
4 Personnel Service License of ) AND ORDER OF PROBATION
5 MICKI J. FABIAN )
6 )
7 On August 20, 1997, the Teacher Standards and Practices Commission received an application
8 for a Basic Personnel Service License with counselor endorsement from Micki J. Fabian. The
9 application was submitted with request for expedited service from Morrow County School
10 District. Ms. Fabian revealed that she had been convicted in 1995 for False Certification and
ll Official Misconduct in Grant County (State of Washington) Superior Court. As a result of
12 that conviction, the Washington State Department of Health Counselors placed Fabian on
13 probation for two years beginning June 20, 1996, for unprofessional conduct. The Executive
14 Secretary concluded that there was sufficient evidence to deny licensure to Ms. Fabian and to
15 inform her of her opportunity for hearing. Ms. Fabian was notified by telephone of these
16 findings and offered an opportunity to stipulate to the facts with an Order of Probation. In
17 entering into this Stipulation, Ms. Fabian waives her right to a hearing to contest any of the
18 findings set forth below.
19 Micki J. Fabian agrees and stipulates that substantial evidence exists in the record to support
20 the following findings of fact by the Commission:
l ,
21 FINDINGS OF FACT
22 l. Micki J. Fabian holds a Washington Teaching Certificate valid for grades 4-12 and a
23 Washington Specialist Certificate valid for counselor graded K-12.
24 2. Fabian is a registered counselor with the Washington State Department of Health
25 Counselors and is eligible to provide professional counseling to the public.
26 3. In 1995, Fabian was employed by the Grant County (WA) Alcohol and Drug
27 Treatment Program. Fabian also was the leader of a private youth group. Fabian was
28 charged with False Certification and Official Misconduct as a result of initiating a
29 purchase order benefitting the youth group without an authorization signature required
30 by the Alcohol and Drug Treatment Program.
31 4. Fabian was convicted of False Certification and Official Misconduct in Grant County
32 Superior Court in I995.
‘ PAGE l--PROPOSED STIPULATION AND ORDER--MICKI J. FABIAN

1 5. Based upon conviction for False Certification and Official Misconduct, the Washington
2 State Department of Health Counselors imposed a two-year probation on Fabian’s
3 registration with the agency. Under terms of the probation Fabian was required to pay
4 a fine of $2,500 (with $2,000 suspended on condition of compliance with the
.3 probation). Fabian was also required to complete three quarter hours of credit in
6 college level courses on the subject of law and ethics within two years of the effective
7 date of the order. Fabian is required to submit semi-annual reports to the Washington
8 State Department of Health under oath verifying compliance with the terms of the
9 order and to file disclosure information to clients. While on probation, Fabian is
10 required to notify the Washington State Department of Health in writing of departure
I1 from and return to the State of Washington. Fabian is also required to obey all
12 Washington State laws and regulations governing or relating to the practice of
13 counseling or, hypnotherapy.
14 6. On behalf of her client, Barbara J. Black, Attorney at Law, has entered a certificate of
15 discharge on August 15, 1997 to vacate the judgment against Fabian on the conviction
16 for False Certification and Official Misconduct. This matter is on the docket for
17 September 5, 1997, and it is anticipated that the conviction will be set aside. If the
18 judgment is vacated, Fabian will be entitled to answer "no" as relates to this case on
19 employment questions relative to prior convictions for misdemeanors.
20 7. Fabian reported the convictions and the probation by the Washington State Department
21 of Health on TSPC’s Application Form C-l and provided the required explanation and
22 copies of the court documents.
d3 This Stipulation and the Proposed Order of Probation are contingent upon approval by the full
4 Commission at the Commission’s next meeting. If the Commission does not approve this
25 Stipulation, the matter will be returned for a hearing and neither Fabian nor the Commission
26 shall be bound by any matters in this Stipulation. The parties acknowledge that upon
27 execution of this Stipulation, the Commission will enter into an Order placing Micki J. Fabian
28 on Probation from the date of stipulation to June 28, 1998, (a period equal to the probation
29 imposed by the Washington State Department of Health) and with the conditions of probation
30 set forth in the order below.
31 IT IS SO STIPULATED:
\ r
32 ' i 4' >2; ' q’?
33 Micki J. Fabi Date
34 QM 7%ng
35 David V. Myton, Executi e Secretary Da e
36 Teacher Standards and Practices Commission
Q
PAGE 2--PROPOSED STIPULATION AND ORDER--MICKI J. FABIAN

1 ULTIMATE FINDINGS OF FACT
2 Micki J. Fabian was convicted for False Certification and Official Misconduct in Grant
County (WA) Superior Court in 1995. Based upon that conviction, the Washington State
. Department of Health Counselors placed Fabian on probation for two years effective June 20,
5 1996.
6 CONCLUSIONS OF LAW
7 Conviction for misdemeanors is a basis for denial of licensure under ORS 342.143 and OAR
8 584-20-040(5).
9 ORDER
10 The Commission imposes a period of probation on the Basic Personnel Service License with
11 counselor endorsement of Micki J. Fabian from the date of this Stipulation through June 28,
12 1998.
13 The probationary status is subject to the following conditions:
14 a) Micki J. Fabian shall comply with conditions of probation pertaining to the
15 conviction for False Certification and Official Misconduct imposed by the Washington State
16 Department of Health and dated June 20, 1996.
17 b) Micki J. Fabian shall conduct herself as a law abiding citizen.

.3 c) Micki J. Fabian shall report in writing within 10 days to the Executive Secretary of
19 the Commission any arrests or citations she receives for any felony, misdemeanor, or major
20 traffic violation.

21 d) Micki J. Fabian shall comply with the Standards for Competent and Ethical
22 Perfomiance of Oregon Educators under OAR 584, Division 20.
23 e) Micki J. Fabian shall report to TSPC upon termination of the probation by the
24 Washington State Department of Health dated June 20, 1996.
25 Violation of any of the terms of probation shall constitute an independent basis for the
26 Commission to review Fabian’s fitness to serve as an educator and may constitute grounds to
27 impose other discipline afler first providing Fabian with notice and an opportunity for hearing.
28 Dated thisé/g day of M, 1997.
29 TEACHER STANDARDS AND PRACTICES COMMISSION
30 By: [gtwéé Vii‘:
.1 David V. Myto Executive ecretary
PAGE 3--PROPOSED STIPULATION AND ORDER--MICKI J. FABIAN

.1 CERTIFICATE OF MAILING
2 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by
3 me as such by U. S. First Class Mail and U.S. Certified Mail with Return Receipt Requested
4 to:
5 MICKI J. FABIAN
6 P O BOX 335
7 IONE OR 97843
rd

s Dated thisé —/ day of Met] , 1997.
9 By: / ‘
10 Ch ene A. Smith
11 Se retary to the Commission

PAGE 4--PROPOSED STIPULATION AND ORDER--MICKI J. FABIAN