From:0amp Harlow 541 684 3402 07/15/201410110 #038 P.002/005 j 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 0F Ti-IE STATE OF OREGON 3 In the Matter of the ) STIPULATION 0F FACTS AND 4 Educator License of ) FINAL ORDER OF SUSPENSION 5 SEANA KAMIKO MCKIERNAN ) AND PROBATION 6 On or about August 7, 2012, the Teacher Standards and Practices Commission 7 (Commission) received information indicating Seana Kamiko McKiernan (McKiernan) had 8 violated professional standards. 9 After review of the matters alleged, McKiernan and the Commission agree that their 1 0 respective interests, together with the public interest, are best served by a stipulation to certain 1 1 facts, the imposition of a sixty (60) day suspension of McKiernan’s Oregon Teaching License 12 followed by four (4) years of probation. 13 This document sets forth the facts upon which the parties have agreed and the stipulated 14 sanction to be imposed. McKiernan stipulates that there is sufficient evidence in the 1 5 Commission’s files and records to support the findings of fact, conclusions of law, and order set 16 forth below, 17 By signing below, McKiernan acknowledges, understands, stipulates, and agrees to the 1 8 following: (i) she has been fully advised of her rights to notice and a hearing to contest the 19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 20 such rights and any rights t0 appeal or otherwise challenge this Stipulation of Facts and Final 21 Order of Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final 22 Order is a public document and disclosed to the public upon request by the Commission; (iii) 23 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the 24 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 25 then neither McKiernan nor the Commission are bound by the terms herein; (iv) she has fully 26 read this Stipulation and Final Order, and understands it completely; (V) she voluntarily, 27 without any force or duress, enters into this Stipulation and Final Order and consents to 28 issuance and entry of the Stipulated Final Order below; (vi) she states that no promises or 29 representation has been made to induce her to sign this Stipulation and Final Order; and (vii) 30 she has consulted with an attorney regarding this Stipulation and Final Order and has been fully 31 advised with regard to her rights thereto, or waives any and all rights to consult with an attorney 32 prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 33 Final Order belowi In entering into this stipulation, McKieman waives the right to a hearing to 34 contest the findings of fact, conclusions of law and order set forth below. Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION -MCKlERNAN, SEANA KAMIKO l From10amp Harlow 541 684 3402 07/15/2014 10:11 #038 P.003/005 1 STIPULATION OF FACT S 2 1. The Commission has licensed Seana Kamiko McKiernan since October 30, 2006. l 3 McKiernan currently holds an Initial I Teaching License issued December 31, 2009, with 4 endorsements in ESOL (ML, HS), Multiple Subjects (MIDLVL), and Language Arts 5 (HS,ML), which was due to expire on December 30, 2012. On December 12, 2012, 6 McKiernan made timely application for renewal, and her license was set to “Expiration 7 Pending" awaiting the completion of this investigation. During all relevant times, 8 McKiernan was employed by the Salem-Keiner School District. 9 10 2. On August 7, 2012, the Commission was notified by the Salem Keizer School District that 1 1 McKiernan may have violated professional standards in part, by the misuse of district 12 time and resources. 1 3 14 3. Commission investigation determined that on December 12, 2011, the Salem Keizer 15 School District issued McKiernan a “Letter of Warning”. The letter addressed 16 McKiernan‘s failing classroom management practices, her use of profanity in class, and 17 her excessive use of the classroom computer during instructional time. The letter 18 directed McKiernan to use good professional judgment when interacting with students, 19 refrain from using profanity at all times, use the district computer and internet only for 20 relevant school instructional reasons, and not to retaliate against any students who had 21 complained. The letter also recommended McKiernan participate in the ENVoY 22 classroom management training, which she later completed. ' 23 24 4. Commission investigation further determined that during the spring of 2012, the Salem 25 Keizer School District learned that McKiernan had continued to violate the directives in 26 her December 12, 2011, “Letter of Warning". Specifically, McKiernan continued to use 27 the district computer and internet for her personal use during instructional time. The 28 district drafted a statement of facts supporting McKiernan’s dismissal, and she 29 subsequently resigned her employment on July 27, 2012. 30 31 32 33 34 35 :igaelKZO STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATlON —MCKIERNAN, SEANA From:Camp Harlow 541 684 3402 07/15/2014 10:11 #038 P.004/005 ‘ 1 I IS so STIPULATE r: 2 1.0.12.1‘ LA.- Ol' Ol'lEl 3 e- > - = )t. Date .2 / _ V _ 4 Mia/{ll 44/1 / /é /§/ 5 t 1ctoria Cha I ‘ ain Executive Director Date , 6 Teacher Standards and Practices Commission 7 CONCLUSION OF LAW B Seana Kamiko McKiernan’s conduct described in section three (3) above constitutes 9 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it 10 incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 584-020-0025(2)(b) 1 1 (Using and maintaining district property, equipment, and materials appropriately), OAR 584- 12 020-0025(2)(e) (Using district lawful and reasonable rules and regulations); OAR 584-020- 13 oo40(4)(b) (Knowing and substantial unauthorized use of employment time or school 14 resources for private purposes); and OAR 584-020-0040(4)(o) as it incorporates OAR 584- 15 020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 16 conversations at all times). 17 Seana Kamiko McKiernan’s conduct described in section four (4) above constitutes gross 18 neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates 19 OAR 584-020-001o(5) (Use professional judgment), OAR 584-020-0025(2)(b) (Using and 20 maintaining district property, equipment, and materials appropriately), OAR 584-020— 21 0025(2)(e) (Using district lawful and reasonable rules and regulations); OAR 584-020- 22 0040(4)(a) (Knowing and substantial unauthorized use of: school name or financial credit,- 23 school materials or equipment for personal purposes ; 0r school personnel to provide personal 24 services unrelated to school business); and OAR 584-020-004o(4)(b) (Knowing and 25 substantial unauthorized use of employment time or school resources for private purposes). 26 The Commission’s authority to impose discipline in this matter is based upon ORS 27 342.175. 28 ORDER 29 The Commission hereby adopts and incorporates herein the above stipulation of facts, 3D conclusions of law, and based thereon hereby imposes a sixty (60) day suspension upon 31 McKiernan’s Educator License as follows: Page 3 STIPULATION OF FACTS, ORDER 0F SUSPENSION AND PROBATION —MCK|ERNAN, SEANA KAMIKO ————-——-—_ #————— , FromICamp Harlow 541 684 3402 07/15/2014 10112 #038 P.005/005 1 Seana Kamiko McKiernan’s Educator License is hereby suspended for sixty (60) days 2 following the adoption of this order. ' _ 3 Furthermore, the Commission imposes four (4) years of probation upon McKiernan to 4 commence upon reinstatement of her license and subject to the following terms and conditions 5 of probation: 6 7 1. McKiernan shall comply with the Standards for Competent and Ethical Performance 8 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020. 9 10 Violation of any term or condition of probation shall constitute an independent basis for the 1 1 Commission to revoke McKiernan’s educator license or otherwise impose discipline, after first 12 providing McKiernan with notice and opportunity for hearing. 13 g 7% 14 IT IS SO ORDERED this day of August, 2014i 15 TEACHER STANDARDS AND PRACTICES COMMISSlON 16 M) 1 7 By: 18 Victoria Cliam a‘ ecutive Director Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION ~MCKIERNAN, SEANA KAMIKO CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Seana Kamiko McKiernan 1445 Neahkahnie Street SE Salem, OR 97306-1457 DATED this [M day of August, 2014. By: W P Li dell Investigative Assistant CERTIFICATE OF MAILING — MCKIERNAN, SENA KAMIKO