.2 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 3 OF THE STATE OF OREGON 4 5 6 7 In the Matter of the ) 8 Teaching License of: ) ORDER SUSPENDING 9 ) LICENSE 10 HEIDE HAUSKEN, ) ll Licensee ) 12 l3 14 This matter came before the Commission on March 16, 2007 to consider whether to 15 suspend Licensee’s teaching license for the remainder of the school year pursuant t0 ORS l6 342.553 and OAR 584-050-0020. Licensee appeared in person representing herself. The 17 Commission was represented by Raul Ramirez, Assistant Attorney General. The following 18 witnesses testified: Hank Harris, Director of Human Resources for Canby School District l9 (CSD), Justin Potts, Teacher at CSD. The Commission also received swom testimony in writing 20 from Sondra Strong, Director of Special Programs, CSD. Licensee testified on her behalf. 21 22 Exhibits l to 6 were offered and admitted into evidence without objection. Based on the 23 foregoing, the Commission now makes the following: Q; FINDINGS OF FACT 26 ‘ 27 28 l. On November 22, 2006, the Teacher Standards and Practices Commission 29 received a report from the Canby School District (CSD), alleging that Licensee had resigned her i 30 teaching position without providing 60 days’ written notice prior to resignation. The 31 Commission informed Licensee of the Commission’s intent to suspend her teaching license 0n 32 the basis of CSD’s report, The Executive Director notified Licensee by certified mail of the 33 Commission’s proposed action on December l, 2006. Licensee requested a hearing. (EX 1 to 3) 34 35 2. Licensee was employed as a teacher for the Canby School District (District) 36 during the 2005-2006 school year. On March 6, 2006, the District Board of Directors notified 37 Licensee that the Canby School Board voted to renew Licensee’s probationary teacher’s contract 38 for the 2006-2007 school year. (Test. of Harris, Hausken; Ex 5) 39 40 3. The Notice of contract renewal provided a space for Licensee to accept or reject 41 the offer. Licensee did not return the form to the District. Licensee’s collective bargaining 42 agreement requires a 60-day notice of resignation. Licensee appeared for work on or about 43 September 8, 2006. When a teacher does not return a signed acceptance or rejection of the 44 contract renewal offer, the district treats the situation as an acceptance of the offer. In Licensee’s .45 case, the District did so. When Licensee showed up for work at the beginning of the school year, PAGE 1 — ORDER SUSPENDING LICENSE — Heide Hausken 1 the District additionally relied on her appearance as acceptance of the contract and its terms. '2 (Test. of Harris, Ex 5) 3 4 4. Licensee was incorrectly informed by a union representative that she was not 5 subject to the requirement that she give at least 60-days notice before resigning. On September 6 l9, 2006, Licensee submitted a letter of resignation to Harris stating she was resigning her 7 position effective October 20, 2006. Licensee did not provide a specific reason for her 8 resignation. She stated “ I have enjoyed working with the Canby School District’s fine staff of 9 professionals, and I will miss my associations here.” (Test. of Harris, Hausken, Ex l, p 9; Ex 3). 10 11 5. Harris discussed with Licensee the requirement that she was obligated to provide 12 a 60-day notice of resignation. Harris conferred with Licensee’s supervisor, Sondra Strong, 13 about alternate ways that Licensee could fulfill her obligation to the District. Harris wrote to 14 Licensee on September 20, 2006 regarding a proposal for Licensee to fulfill the 60-day notice 15 requirement. Licensee responded to Harris by email, confirming that Licensee’s last day would 16 be October 20, 2006. (Test. of Harris, Hausken, Ex 1) 17 18 19 CONCLUSIONS OF LAW 20 21 1. By failing to give the required 60 days notice before resigning her position as a 22 teacher, Licensee violated ORS 342.553. 23 .4 2. Hausken’s teaching license is subject to suspension for the remainder of the 25 school year. 26 27 28 ORDER 29 30 Based on the Findings of Fact and Conclusions of Law, it is hereby ordered as follows: 31 32 The Transitional School Psychologist License of Heide Hausken is suspended for the 33 remainder of the 2006-2007 school year. 34 35 36 37 1r 1s so ORDERED this /0 day of May 2007. 38 39 TEACHER STANDARDS AND PRACTICES COMMISSION 40 41 % 42 g i 2 égé é z ‘ 43 B M) 44 Victoria Chamber ain, Executive Director 45 .6 PAGE 2 — ORDER SUSPENDING LICENSE — Heide Hausken 1 Q. 3 4 NOTICE OF APPEAL RIGHTS 5 6 You are entitled to judicial review of this Order in accordance with ORS 183.480 to 7 183.482. You may request judicial review by filing a petition for review with the Oregon Court 8 of Appeals within sixty (60) days from the date of this Order. l PAGE 3 - ORDER SUSPENDING LICENSE - Heide Hausken '1 CERTIFICATE OF MAILING . 2 i 3 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me j 4 as such by regular U.S. mail and by U.S. Certified Mail—Return Receipt Requested, addressed l 5 to: 6 7 Heide Hausken 8 2506 North Cheyenne Street 9 Tacoma WA 98406 10 11 M, 12 Dated this [Q / day ofMay 2007. l3 14 . , 15 .n ) 16 By: , 10115 _/ I M 17 Meldy H a’, xecutive Assistant . § PAGE 4 — ORDER SUSPENDING LICENSE — Heide Hausken