eWeelelilWIlllllllelllfllljllllll!lllllllflllll , l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION i 2 OF THE STATE OF OREGON 3 l 4 In the Matter of the Educator ) DEFAULT ORDER 0E 5 License of ) REVOCATION OF RIGHT TO 6 LINDA JO CAREW ) APPLY FOR LICENSURE 7 8 9 On March 18, 2015, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Linda J 0 Carew (Carew) in which the 11 Commission charged her with Gross Neglect of Duty and Gross Unfitness. The Notice was 12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7014 0150 0000 1046 5598 to 13 the address on file with the Commission. The Notice designated the Commission file as the 14 record for purposes 0f proving a prima facie case. The Certified Mail receipt was returned 15 unsigned to the Commission on April 1, 2015. The first class mail was not returned and 16 assumed delivered. The Notice 0f Opportunity for Hearing, dated March 18, 2015, and 17 signed by Victoria Chamberlain, Executive Director, stated: l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.“ 25 26 Carew did not request a hearing. The Commission, therefore, finds Carew to be in default 27 and enters the following findings of fact, conclusions 0f law, and final order, based on the 28 files and records of the Commission concerning this matter. 29 3O FINDINGS OF FACT 31 1. Carew had been licensed as a teacher in Oregon since December 22, 1977. Carew’s 32 Standard Teaching License, with endorsements in Basic Elementary (014) and Standard 33 Exceptional Learner I (018), was valid from March 20, 2009 through March 19, 2014. 34 Carew did not make application for renewal. During all relevant times, Carew was not 35 employed in a teaching position. 36 PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- LlNDA JO CAREW T 1 2. On February 22, 2014, the Commission conducted a routine background check in i 2 conjunction with Carew’s license coming up for renewal. The results of Carew’s 3 background check indicated a criminal conviction in September of 2013. According 4 to reports, on September 6, 2013, Carew was convicted of Possession 0f a Controlled 5 Substance II (C-felony), and Theft III (C misdemeanor). Carew was sentenced to 10 6 days in jail, 18 months’ probation and required to participate in a drug treatment 7 program. Carew’s conduct that lead to these charges and convictions included the 8 theft of prescription drugs from a client Carew served as a caretaker for. When 9 contacted by Commission investigators, Carew refused to conduct an interview. 10 Commission records indicate Carew did not make application for the renewal of her 11 license. 12 CONCLUSIONS OF LAW 13 The conduct described above establishes that Carew does not possess good moral 14 character 0r mental and physical fitness as required to hold a license under ORS 342,143(2). 15 Carew’s conduct also constitutes gross neglect of duty in violation of OAR 584-020- 16 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment); and 17 OAR 584-020-0040(4)(0) as it incorporates OAR 584-020-0035(3)(a) (Maintain the 18 dignity of the profession by respecting and obeying the law, exemplifying personal 19 integrity and honesty). Carew’s conduct also constitutes gross unfitness in violation of ORS 20 342.175(1)(c); OAR 584-020-0040(5)(e)( Conviction of violating any federal, state, 0r local 21 law. A conviction includes any final judgment of conviction by a court whether as the 22 result of guilty plea, no contest plea 0r any other means), and OAR 584-020-0040(5)(e) 23 (Admission of or engaging in acts constituting criminal conduct, even in the absence 0f a 24 conviction). 25 26 The Commission’s authority t0 impose discipline in this matter is based upon ORS 27 342.175. 28 //// 29 //// 30 //// PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LlCENSURE- LINDA JO CAREW l FINAL ORDER 2 The Commission hereby revokes Linda J O Carew’s right to apply for licensure. Mt 3 IT IS SO ORDERED THIS Q2 'day 0f May, 2015. 4 5 TEACHER STANDARDS AND PRACTICES COMMISSION I I 223W WW 6 By: ______— 7 Victoria Chamberlain, Executive Director 8 9 NOTICE OF APPEAL OR RIGHTS 10 ll YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 12 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM 13 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 14 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 i 35 . PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE- LINDA JO CAREW CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice 0f final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed t0: Linda J o Carew 61349 Fairfield Drive Bend, OR 97702-2738 II» Dated this Q O day of May, 2015. I By: I " *’ P id ell In stigative Assistant PAGE 1- CERTIFICATE OF MAILING— LINDA JO CAREW