,,. .
1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS
4 Educator License of ) AND FINAL ORDER OF
5 KIMBERLY OLAN KAYLOR ) REVOCATION OF LICENSE
(75
8 On or about February 2, 2012, the Teacher Standards and Practices Commission
9 (Commission) received a report from the Culver School District, indicating that licensed
1O educator Kimberly Olan Kaylor (Kaylor) had allegedly violated professional standards when
1 1 Kaylor engaged in aggressive physical contact with a student that prompted a criminal
12 investigation. On June 27, 2012, the Commission received a second report from the Culver
13 School District alleging that during the course of the investigation into the February 2012
14 incident, they learned of other, additional professional standards violations.
15 After review 0f the matters alleged, Kaylor and the Commission agree that their
16 respective interests, together with the public interest, are best served by a stipulation to certain
17 facts and revocation of Kaylor’s Oregon teaching license. i
' 18 This document sets forth the facts upon which the parties have agreed and the stipulated
19 sanction to be imposed. Kaylor stipulates that there is sufficient evidence in the Commission's
20 files and records to support the findings of fact, conclusions of law, and order set forth below.
21 By signing below, Kaylor acknowledges, understands, stipulates, and agrees to the
22 following: (i) she has been fully advised of her rights to notice and a hearing to contest the
23 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
24 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
25 Order of Revocation of License (Stipulation and Final Order); (ii) this Stipulation and Final
26 Order is a public document and disclosed to the public upon request by the Commission; (iii)
27 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the
28 Commission. If the Commission does not approve and adopt this Stipulation and Final Order,
Page 1 STIPULATION OF FACTS, ORDER OF REVOCATION —KAYLOR, KIMBERLY OLAN
#—_———_—_——

1 then neither Kaylor nor the Commission are bound by the terms herein; (iv) she has fully read

2 this Stipulation and Final Order, and understands it completely; (v) she voluntarily, without any
3 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry
4 of the Stipulated Final Order below; (vi) she states that no promises or representation has been
5 made to induce her to sign this Stipulation and Final Order; and (vii) she has consulted with an
6 attorney regarding this Stipulation and Final Order and has been fully advised with regard t0
7 her rights thereto, or waives any and all rights to consult with an attorney prior to entering into
8 this Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. In
9 entering into this stipulation, Kaylor waives the right to a hearing to contest the findings of fact,

1O conclusions of law and order set forth below.

1 1 STIPULATION OF FACTS

12 1. Kimberly Olan Kaylor has been licensed by the Commission since July 22, 1996. Kaylor’s

13 Standard Teaching License, with an endorsement in Basic Elementary (016), was issued June
14 1, 2011, and expires on May 31, 2016. During all relevant times, Kaylor was employed by the
1 5 Culver School District.

16 2. On January 25, 2012, while Kaylor was employed as a teacher at the Culver Middle School,
17 Kaylor placed her hands on the head of a seventh grade student (TB) without TB’s consent.
18 According to some students, Kaylor usually asks a student for permission before she touches
19 them. Kaylor explained that she was pretending to open TB’s head and place information

20 inside to emphasize a point to the students in the classroom. Witnesses reported that Kaylor
21 immediately apologized to TB. TB later reported, while being interviewed, that Kaylor’s
22 conduct caused her pain, left red marks on her forehead, and TB complained of a headache.
23 TB did not seek or appear to require any medical attention. TB and some of the other
24 students in the classroom reported they were surprised by Kaylor’s behavior, and several
25 students reported they were uncomfortable returning to Kaylor’s classroom. Both the school

Page 2 STIPULATION OF FACTS, ORDER OF REVOCATION —KAYLOR, KIMBERLY OLAN

i
1 district’s and the Commission’s investigations determined Kaylor’s use of force on the
2 involved student to be excessive, inappropriate, and in violation of local policy.
3 3. In 2009, the Commission received a prior report of Kaylor using unreasonable force against
4 students. In April, 2009, Kaylor tapped student AA’s face with her hand because AA was
5 being disrespectful to her father. This incident occurred while Kaylor discussed a missing
6 assignment with AA and her father was present. AA’s father witnessed the event and choose
7 not to press charges. AA reported being shocked but uninjured, and AA did not seek or
8 appear to require any medical attention. The Commission took no action on the report at the
9 time, but now considers this incident to be a matter of concern in light of the second (2012)
1O report of physical contact with a student.
1 1 4. As the result of Kaylor’s conduct in section two above, Kaylor was charged with one count of
12 Harassment, a class B misdemeanor. On October 22, 2012, the charge was dismissed as a
13 result of a civil compromise that required Kaylor to attend a mental health evaluation
14 followed by any recommended counseling regarding impulse control and sensitivity issues.
15 Kaylor successfully completed the required evaluation and the evaluator did not recommend
16 that Kaylor need attend any additional counseling regarding impulse control or sensitivity
1 7 issues.
1 8
19 I SO STIPU : T D: I
20 i 1.. 61101. ii‘ .Wnlx ' WM
21 Kimo-Orly 'IJQW‘ .' D
22 i fiféw / 1" (‘W // Awfufi'I' 22 @[i
23 Victoria Chamberlain, Executive Director Date
24 Teacher Standards and Practices Commission
25 CONCLUSION OF LAW
26 Kimberly Kaylor’s conduct described in sections two, three, and four above constitutes
27 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it
Page 3 STIPULATION OF FACTS, ORDER OF REVOCATION —KAYLOR, KIMBERLY OLAN
.

1 incorporates OAR 584-020-001o(1) (Recognize the worth and dignity of all persons and
2 respect for each individual), OAR 584-020-001o(5) (Use professional judgment), OAR 584-
3 020-0025(2)(a) (Establishing and maintaining classroom management that is conductive to
4 learning), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and
5 regulations); and OAR 584-020-0040(4)(d) (Unreasonable physical force against students,
6 fellow employees, or visitors to the school, except as permitted under ORS 339.250). This
7 conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); OAR 584-020-
8 0040(5)(e) (Admission of, or engaging in acts constituting criminal conduct, even in the
9 absence of a criminal conviction). Specifically, Kaylor’s conduct constituted Harassment as
1O defined in ORS 166.065(1)(a).
1 1
12 The Commission’s authority to impose discipline in this matter is based upon ORS
1 3 342.175.
1 4 ORDER
15 The Commission adopts the above Stipulation of Facts, and revokes Kimberly Kaylor’s
16 Teaching License.
17 IT rs so ORDERED this it day ofAugust, 2014.
1 8 TEACHER STAN DS AN CTICES COMMISSION
1 9 By: QM 2% M l
20 Victoria Chamberlain, Executive Director
Page 4 STIPULATION OF FACTS, ORDER OF REVOCATION —KAYLOR, KIMBERLY OLAN

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Revocation of
License, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return 3
Receipt Requested, addressed to: I
Kimberly Olan Kaylor i
1140 Carlson Drive
Klamath Falls, OR 97603-4101
‘ DATED this 8H: day of September, 2014.
By:
P Liddell
Investigative Assistant
CERTIFICATE OF MAILING — KAYLOR, KIMBERLY OLAN