1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) REVOCATION 6 MICHELE KAY SALUSKIN ) 7 8 9 On January 28, 2015, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Michele Kay Saluskin ll (Saluskin) in which the Commission charged her with Gross Neglect of Duty. The Notice was 12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7014 0150 0000 1046 5413 t0 l3 the address on file with the Commission. The Notice designated the Commission file as the l4 record for purposes of proving a prima facie case. The Certified Mail receipt was returned 15 signed to the Commission on February 3, 2015. The first class mail was not returned and 16 assumed delivered. The Notice of Opportunity of Hearing, dated January 28, 2015, and l7 signed by Victoria Chamberlain, Executive Director, stated: l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Saluskin did not request a hearing. The Commission, therefore, finds Saluskin to be in 27 default and enters the following findings of fact, conclusions of law, and final order, based 28 on the files and records of the Commission concerning this matter. 29 FINDINGS OF FACT 30 1. Saluskin has been a licensed educator in Oregon since August 2, 2011. Saluskin’s Initial I 31 Teaching License, with endorsements in English for Speakers of Other Languages (ECE, 32 ELE L) and Multiple Subjects Self-contained (ECE, ELE), is valid from August 2, 2011, 33 through June 6, 2015. Saluskin previously held a conditional permit adding the 34 endorsements of Basic Mathematics (HS) and Integrated Science (HS), which was valid 35 August 26, 2011, through October 26, 2014. During all relevant times, Saluskin was 36 employed by the Klamath Falls County School District. PAGE 1-DEFAULT ORDER OF REVOCATION - MICHELE KAY SALUSKIN l 2. On August 30, 2012, the Commission received a report from the Klamath County 2 School District alleging Saluskin violated professional standards and practices. 3 Specifically, the report alleged Saluskin may have been providing a place where 4 minor aged students could consume alcohol and smoke marijuana, and that this 5 information had been investigated by law enforcement. Subsequent investigation 6 determined the following: 7 a. On May 29, 2012, Saluskin was issued a written reprimand following a school 8 district investigation into allegations Saluskin was sharing overly personal 9 information with students. In the course of this investigation, Saluskin admitted 10 sharing personal information with students, which included her use of alcohol, i 1 1 personal information about her marriage, husband and personal life. It was also i 12 determined that Saluskin allowed students to frequent her residence. This 13 reprimand provided Saluskin with specific guidelines and directives for her future 14 behavior and boundaries. 15 b. On August 14, 2012, a patron and employee of the Klamath County School District 16 reported discovering her son and another student at Saluskin’s residence. The 17 students were observed consuming alcohol and smoking marijuana in Saluskin’s 18 home. Police later investigated, and while they were unable to determine who 19 supplied the alcohol or the marijuana to the students, they did confirm that the 20 students were smoking marijuana and drinking alcohol in Saluskin’s home. For 21 unknown reasons, the county decided not to prosecute Saluskin for frequenting or 22 providing a place where controlled substances are used. Klamath County School 23 District declined to renew Saluskin’s contract, and her employment was 24 terminated. 25 3. On September 25, 2014, the Commission learned Saluskin’s employment at the 26 Eugene School District as an Educational Assistant had been terminated. The 27 reasons for Saluskin’s termination included that her conduct described in section (b) 28 above, could constitute child neglect, and Saluskin failed to disclose required 29 background information and made false statements during her pre-employment 30 background process with Eugene. 31 1 32 3 PAGE 2-DEFAULT ORDER OF REVOCATION - MICHELE KAY SALUSKIN 1 CONCLUSIONS OF LAW 2 Saluskin’s conduct described in section two above constitutes gross neglect 0f duty in 3 violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020- 4 0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and 5 reasonable rules and regulations), OAR 584-020-0030(2)(b) (Skill in communicating with 6 administrators, students, stafl, parents, and other patrons); OAR 584-020-0040(4)(0) as 7 it incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with 8 students in conduct and conversations at all times), and OAR 584-020-0035(3)(a) 9 (Maintain the dignity of the profession by respecting and obeying the law, exemplifying 10 personal integrity and honesty). 11 Saluskin’s conduct described in section three above constitutes gross neglect of duty 12 in violation of ORS 342.175(1)(b); OAR 584-020-0o4o(4)(c)(Falsification of any document 13 or knowing misrepresentation directly related to licensure, employment, or professional 14 duties). 15 l6 The Commission’s authority to impose discipline in this matter is based upon ORS 17 342.175. l8 FINAL ORDER 19 The Commission hereby revokes Michele Kay Saluskin’s Educator license. 20 IT IS SO ORDERED THIS {(5 (iiiay of March, 2015. 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 By: —_— 23 Victoria Chamberlain, Executive Director 24 25 NOTICE OF APPEAL OR RIGHTS 26 27 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 28 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 6O DAYS FROM 29 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 30 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REVOCATION - MICHELE KAY SALUSKIN CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: Michele Kay Saluskin 1326 Oak Patch RD Apt 46 Eugene, OR 97402-3257 Dated this 0'25 ' day of March, 2015. . ; ’ . ,7 By: @114 f Pa, ddell In ' stigative Assistant PAGE 1- CERTIFICATE OF MAILING- MICHELE KAY SALUSKIN