.1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF DENIAL 5 Teaching License of ) OF TEACHING LICENSE AND 6 AMY McDONALD VALDEZ ) SUSPENSION OF RIGHT TO APPLY 7 On May 21, 2004, the Teacher Standards and Practices Commission (Commission) 8 issued a Notice of Opportunity for Hearing to Amy McDonald Valdez (Valdez) in which the 9 Commission charged herwith misconduct under ORS 342.175. The Notice was sent via U.S. 10 First Class Mail and U.S. Certified Mail Receipt 7003 2260 0000 8804 6525 to the address 1 1 Ms. Valdez provided to the Commission on her application for licensure. The certified mail 12 receipt was signed and dated May 22, 2004. The Notice of Opportunity of Hearing, dated 13 May 21, 2004, and signed by Victoria Chamberlain, Executive Director, stated: 14 "You, Amy McDonald Valdez, are entitled to a hearing on the proposed action of 15 the Commission. If you want a hearing, you must file a written request for a 6 hearing with the Commission within 21 days of the date of this notice. Attached ‘ to this notice is a copy of the procedures, right of representation and other rights 8 of parties relating to the conduct of a hearing as required under ORS , 19 183.413(2)." I 20 2l Ms. Valdez did not request a hearing. The Commission, therefore, finds 22 Ms. Valdez to be in default and enters the following findings of fact, conclusions of law 23 and order, based on the files and records of the Commission concerning this matter. 24 FINDINGS 0F FACT 25 1. On January 27, 2004, Ms. Valdez signed and submitted an Application for Educator 26 License Form C-1 requesting a Restricted Substitute Teaching License. The application was 27 sponsored by the Clackamas Education Service District. 28 2. On the character question section of the application, Ms. Valdez responded 29 affirmatively to question 8, “Have you ever been convicted or been granted conditional 3O discharge by any court for: (a) any felony; (b) misdemeanor...?" and question 10, “Have you . PAGE 1 - DEFAULT ORDER OF DENIAL OF TEACHING LICENSE AND SUSPENSION or= RIGHT TO APPLY - VALDEZ 1 ever entered a plea of guilty or No Contest relative to any charge for an offense listed in .2 question 8'?" Ms. Valdez disclosed a single felony conviction for Identity Theft ll, ORS 165.800, 3 in Clackamas County Circuit Court. 4 3. Ms. Valdez failed to disclose and provide court documents for additional criminal 5 convictions. FBI and the Oregon court records indicate that: i . 6 a. On March 23, 1993, Ms. Valdez was convicted of Fraud-llleg use Credit Cards, 7 a felony, in Houston, Texas; 8 b. On October 30, 2000, Ms. Valdez was convicted of Theft Ill, a misdemeanor, 9 and Tampering with Drug Records, a felony, in the Circuit Court of the State of Oregon for the IO County of Washington; and 11 c. On August 13, 2001, Ms Valdez was convicted of Theft ll, a misdemeanor, in 12 Beaverton Municipal Court, Beaverton, Oregon. 3 CONCLUSIONS OF LAW ‘I Ms. Valdez’ knowing misrepresentation directly related to licensure constitutes Gross 15 Neglect of Duty in violation of OAR 584-020-0040(4)(c). These convictions, in addition to failure . _ 16 to disclose them, are basis for denial of licensure pursuant to OAR 584-050-0006(1), (3) and 17 (5). The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 18 /// 19 /// 20 /// ' PAGE 2 - DEFAULT ORDER OF DENIAL OF TEACHING LICENSE AND susPENsION OF RIGHT TO APPLY - VALDEZ ‘I ORDER 2 The Commission hereby denies Amy McDonald Valdez‘ application for a teaching 3 license and suspends her right to apply for licensure. 4 IT IS SO ORDERED this é 9&day of July, 2004. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 f 7 By: 8 Victoria Chambe Iai xecutive Director 9 10 NOTICE OF APPEAL OR RIGHTS 11 12 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 13 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 14 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 15 183.482 TO THE OREGON COURT OF APPEALS. ' PAGE a - DEFAULT ORDER OF DENIAL OF TEACHING LIcENsE AND SUSPENSION OF RIGHT TO APPLY _ VALDEZ .1 CERTIFICATE OF MAILING 3 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular U.S. mail and by U.S. Certified Mail-Return Receipt Requested, addressed 5 to: > , 6 . 7 Amy McDonald Valdez 8 13500 SW Pacific Hwy 9 Portland OR 97223 1o // %’ 11 Dated this day of August 2004. 12 A 13 / 14 / 15 By: / . @V 16 a on‘ xecutive Assistant . PAGE 1 — CERTIFICATE OF MAILING - VALDEZ