1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION . OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND g LORI ANN CLIFFORD ) ORDER OF PROBATION 7 On September 2, 2003, Lori Ann Clifford (Clifford) submitted an application for an Initial 8 Counseling License to the Teacher Standards and Practices Commission (Commission). 9 Ms. Clifford responded affirmatively to character questions 8 and 10. Ms. Clifford previously provided 10 documents and an explanation regarding her criminal convictions on two separate Student Teaching 11 Or Practicum Report — Form PA-1’s dated September 5, 2001 and July 7, 2002. David Myton, 12 Executive Director, acknowledged receipt of said documents by letter dated December 10, 2001. 13 After review of the facts in this matter, Ms. Clifford and the Executive Director agree that their 14 respective interests, together with the public interests, are best served by a stipulation to certain facts 15 and a four (4) year probation upon issuance of licensure. ‘ This Order sets forth the facts upon which the parties have agreed and the sanction to be 17 imposed. Ms. Clifford stipulates that there are sufficient facts contained in the Commission’s files and 18 records to support the findings of fact and conclusions of law set forth below. In entering into this 19 stipulation, Ms. Clifford waives the right to a hearing to contest the findings of fact, conclusions of law 20 and order set forth below. Ms. Clifford enters into this agreement with the knowledge that the 21 Commission will impose a four (4) year probation with specific conditions. I 22 This stipulation is contingent upon approval and adoption of the Order by the Commission. If 23 the Commission does not adopt this Order, neither Ms. Clifford nor the Commission are bound by 24 these Stipulations and Ms. Clifford retains all rights to a hearing on the allegations. 25 STIPULATION OF FACTS 26 1. On September 2, 2003, Ms. Clifford submitted an Application For Educator License Form 27 C-1 to the Commission. She responded affirmatively to character questions 8 and 10. O Page 1 STIPULATION OF FACTS AND ORDER OF PROBATION - CLIFFORD 1 2. On August 29, 2003, the Commission received an Application for Expedited Service from Beaverton School District. On September 4, 2003, the Commission issued a letter of conditional 9 authorization for public school service. 4 3. On October 30, 1995, Ms. Clifford was convicted of Theft in the Third Degree, in Municipal 5 Court City of Beaverton of the State of Oregon. Ms. Clifford obtained an Order Setting Aside 6 Conviction from Beaverton Municipal Court in this matter on March 21, 2003. 7 4. On November 20, 1996, Ms. Clifford was convicted of Driving Under the Influence of 8 lntoxicants (DUII) in Beaverton Municipal Court. 9 5. On January 31, 1997, Ms. Clifford was convicted of DUII in Multnomah County District Cour-t. 1O 6. On November 26, 1996, Ms. Clifford completed an alcohol treatment program at the Oregon 11 Institute for Relapse Prevention Therapy. 12 7. Ms. Clifford recognizes that she has an alcohol dependency problem and has agreed to a 13 plan of treatment and aftercare as prescribed by her treatment provider. 1 IT IS SO STIPULATED: 1b ‘it ,-’ . 1 gag-0;; 16 Lo ' “QW/ . t Date 1 ictona Cha berlamLExecutlve lrector Date 19 CONCLUSION OF LAW 20 Ms. Clifford's alcohol related criminal convictions and criminal conduct constitute Gross 21 Unfitness as defined in OAR 584-020-0040(5)(c) and OAR 584-020-0040(5)(e). Criminal convictions 22 and criminal conduct, even in the absence of conviction, may be used as evidence to establish an 23 applicant's lack of fitness to serve as an educator pursuant to OAR 584-050-0006. The Commission's 24 authority to impose discipline in this matter is based upon ORS 342.143 and ORS 342.175. 25 // / 26 / / / 27 l/ l O Page 2 STIPULATION OF FACTS AND ORDER OF PROBATION - CLIFFORD 1 ORDER ' The Commission adopts the above Stipulation of Facts and authorizes the issuance of a Initial 3 Counseling License to Ms. Clifford subject to all standard terms and conditions. 4 Furthermore, the Commission imposes a four (4) year probation upon Ms. Clifford to 5 commence the date of issuance of said license and subject to the following terms and conditions of 6 probation: 7 1. Ms. Clifford shall, at her own initiative and expense, continue to obtain treatment for her 8 alcohol dependency as recommended by her alcohol treatment provider and abstain from the 9 consumption of alcohol; 10 2. During the period of her probation, Ms. Clifford shall submit to the Executive Director of the 11 Commission reports of her compliance with the aftercare treatment plan. Ms. Clifford shall provide 12 these reports every six (6) months during her probation, on or before: April 10, 2004; October 10, 13 2004; April 10, 2005; October 10, 2005; April 10, 2006; October 10, 2006; April 10, 2007; and October 10, 2007; 9 3. Ms. Clifford shall conduct herself as a law-abiding citizen; 16 4. Ms. Clifford shall report in writing within ten days to the Executive Director of the 17 Commission any arrest or citation for any felony, misdemeanor, major traffic violation or violation of 18 criminal probation; and 19 5. Ms. Clifford shall comply with the Standards for Competent and Ethical Performance of 20 Oregon Educators under Oregon Administrative Rules, Chapter 584, Division 020. 21 Violation of any term or condition of probation shall constitute an independent basis for the 22 Commission to revoke Ms. Clifford's Iicensure or otherwise impose discipline, after first providing Ms. 23 Clifford with notice and opportunity for hearing. 24 |T IS SO ORDERED this %ay of October 2003. 25 TEACHER STANDARDS AND PRACTICES COMMISSION 2 Victoria Chamber ain, Executive Director [0909031 Page 3 STIPULATION OF FACTS AND ORDER OF PROBATION - CLIFFORD