1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator License of ) DEFAULT ORDER OF 5 JAIME RAE JOHNSON ) SUSPENSION OF LICENSURE 6 ) AND PROBATION 7 8 9 On July 20, 2015, the Teacher Standards and Practices Commission (Commission) issued a 10 Notice of Opportunity for Hearing to Jaime Rae Johnson (Johnson) in which the Commission 1 1 charged her with Gross Neglect of Duty. The Notice was sent \ria U.S. First Class Mail and U.S. 12 Certified Mail Receipt 7015 0640 0007 1084 6052 to the address on file with the Commission. The 13 Notice designated the Commission file as the record for purposes of proving a prima facie case. The 14 Certified Mail receipt was returned “Signed” the Commission on July 27, 2015. The regular, first 15 class mail was not returned to the Commission, and is assumed to have been delivered. The Notice of l6 Opportunity of Hearing, dated July 20, 2015, and signed by Victoria Chamberlain, Executive 17 Director, stated: 18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 1 19 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 20 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. IF 21 YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, THE 22 COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE THE 23 REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.” 24 25 Johnson did not request a hearing. The Commission, therefore, finds Johnson to be in default and 26 enters the following findings of fact, conclusions of law, and final order, based 0n the files and 27 records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Jaime Rae Johnson has been licensed by the Commission since August 15, 2003. Johnson holds 3O an Initial II Teaching License with endorsements in Basie Mathematics (ELE, ML), Middle 31 School Science, Multiple Subjects (MIDLVL), Multiple Subjects Self-Contained (ECE, ELE)7 and 32 Physical Education (ELE/ ML), valid from August 1o, 2013, through August 9, 2016. 33 2. On August 20, 2014, the Commission opened an investigation based upon information received 34 from the National Association of State Directors of Teacher Education and Certification 35 (NASDTEC). NASDTEC reported an investigation and disciplinary action taken by the State of 36 Washington against J ohnson’s Washington teaching license. According to the Washington order, 37 Johnson’s license was suspended on July 16, 2014, for a period of 24 months for being under the 38 influence of alcohol on school grounds and related behaviors. Washington State has required PAGE 1-DEFAULT ORDER OF SUSPENSION OF LICENSURE AND PROBATION- JAIME RAE JOHNSON i 1 conditions for Johnson’s reinstatement that include successful completion of or continued l 2 compliance in a substance abuse treatment program. 3 4 3. Commission investigators reviewed Johnson’s Oregon application and noted Johnson signed her 5 application 0n August 3, 2013. Johnson’s application was received by the Commission 0n August 6 9, 2013. Investigation determined Johnson answered “No” to all the character questions on - 7 J ohnson’s application including, character question number two; “Are you currently the subject 8 0f an inquiry, review or investigation for alleged misconduct of alleged violation of 9 professional standards of conduct by either an employer 0r a licensure agency?". lO 11 4. Commission investigation determined the following timeline of events: 12 v May 29, 2013 - Date of Washington incident. 13 o May 30, 2013 — Johnson was sent a letter and email from the Seattle Public l4 Schools, providing notice of the allegations against Johnson, placing Johnson on 15 administrative leave, and notice of an investigation. 16 o July 15, 2013 — Johnson submitted a letter of resignation. 17 ~ July 16, 2013- Johnson was made aware of investigation by Washington Office of 18 Professional Practices. 19 o August 9, 2013 — TSPC received C-1 Application for lieensure. Johnson answered 20 “No” to all Character Questions. 21 0 September 16, 2013- J ohnson’s resignation was effective. 22 I July 16, 2014 — Johnson’s Washington Order of Suspension became effective 23 24 The Commission investigation concluded that at the time Johnson signed and submitted 25 her application to the Commission, Johnson was aware of and subject to the misconduct 26 investigation ongoing in Washington, and the proper answer for character question 27 number two, was “Yes”. 28 CONCLUSIONS OF LAW 29 J ohnson’s conduct described above7 constitutes gross neglect of duty in violation ORS 30 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional 31 judgment); and OAR 584-020-0040(4)(c)( Falsification ofany document or knowing ‘ 32 misrepresentation directly related to licensure, employment, or professional duties). PAGE 2-DEFAULT ORDER OF SUSPENSION OF LICENSURE AND PROBATION- JAIME RAE JOHNSON 1 2 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 3 4 FINAL ORDER 5 ' 6 The Commission hereby suspends Jaime Rae J ohnson’s licensure for a period of one year, to 7 begin upon the date this order is signed and in effect. In addition, the Commission places Johnson 8 0n probation for a period of four years t0 commence upon any reinstatement of her lieensure. This 9 probation period is subject t0 the following terms and conditions: 10 1. Johnson shall comply with all conditions of reinstatement as required by the State of 1 l Washington final order. Successful completion and/ or continued compliance in an 12 approved substance abuse program with full disclosure shared with Washington 13 Office of Professional Practices (OPP). 14 2. Johnson shall comply with the Standards for Competent and Ethical Performance of 15 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. 16 Violation of any term or condition of probation shall constitute an independent basis for the 17 Commission to revoke J ohnson‘s teaching license or otherwise impose discipline, after first 18 providing Johnson with notice and opportunity for hearing. 19 of. 20 IT IS SO ORDERED THIS Ql day of October, 2015. 21 TEACHER STANDARDS AND PRACTICES COMMISSION m WM 22 By: 313i Victoria Chamberlain, Executive Director is 26 27 NOTICE OF APPEAL OR RIGHTS 2g YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 30 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM THE SERVICE OF 31 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 32 THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER 0F SUSPENSION OF LICENSURE AND PROBATION- JAIME RAE JOHNSON CERTIFICATE OF MAILING I hereby certify that l served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mai|—Return Receipt Requested, addressed to: Jaime Rae Johnson i 4848 Elderberry Loop l Springfield, OR 97478-6796 Dated this .Ql' day ofOctober, 2015. By: (3/ P y iddell lnv‘ tigative Assistant PAGE 1- CERTIFICATE OF MAILING- JAIME RAE JOHNSON