1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
V 2 OF THE STATE OF OREGON

3

4 In the Matter of the Educator ) DEFAULT ORDER OF

5 License of ) REPRIMAN D

6 KEVIN DON MAK ) AND PROBATION

7

8

9 On December 27, 2017, the Teacher Standards and Practices Commission
10 (Commission) issued a Notice of Opportunity for Hearing to Kevin Don Mak (Mak) in which
11 the Commission charged him with Gross Neglect of Duty. The Notice was sent via U.S. First
12 Class Mail and U.S. Certified Mail Receipt 7016 3010 0000 5718 8957 to the address on file
13 with the Commission. The Notice designated the Commission file as the record for purposes
14 of proving a prima facie case. The Certified Mail receipt was returned to the Commission as
15 “signed” on December 30, 2017. The first class mail was not returned to the Commission.
16 The Notice of Opportunity of Hearing, dated December 27, 2017, and signed by Trent
17 Danowski, Co-Interim Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
19 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 Mak did not request a hearing. The Commission, therefore, finds Mak to be in default and
27 enters the following findings of fact, conclusions of law, and final order, based on the files
28 and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Mak has been licensed by the Commission since September 28, 2016. Mak holds
31 a Preliminary Teaching License, with an endorsement in Foundational
32 Mathematics (PK-12), valid from September 28, 2016, through July 12, 2020.
33 During all relevant times, Mak was an applicant of the Salem-Keizer School
34 District (SKSD).
35 2. On May 9, 2017, the Commission was notified by the Salem-Keizer School
36 District that Mak may have violated professional standards by falsifying an
37 employment application, omitting past employment that could be viewed as

PAGE 1-DEFAULT ORDER OF REPRIMAND AND PROBATION - KEVIN DON MAK

1 unfavorable. Subsequent investigation determined the following:
2 a. On April 19, 2017, Mak submitted an application for employment with the
3 SKSD. On this application, Mak listed past employment as a substitute
4 teacher with Victor Valley Union High School District (VVUHSD) in
5 California. On May 3, 2017, Mak submitted another application for
6 employment with SKSD, where Mak omitted his employment with
7 VVUHSD. SKSD’s application states an applicant’s complete employment
8 history is required. On the “District Background Questions” portion of
9 Mak’s May 3, 2017, application Mak falsely answered “Yes” to the
10 question, “Oregon law requires you to list ALL current and former
11 employers who are education providers. Have you listed ALL current
12 and former employers who are education providers in the experience
13 section of this application?”
14 b. During subsequent review of Mak’s past employment with VVUHSD, it
15 was learned that Mak had been removed from the substitute teacher list
16 for conduct related to possible boundary issues with a student. When
l7 questioned about why Mak left this employment off of his application,
18 Mak stated he was afraid it would look bad on his application, and Mak
19 wanted to scratch off that experience, telling himself that he never worked
20 there.
21 CONCLUSIONS OF LAW
22 Kevin Don Mak engaged in unprofessional conduct as described above. This conduct
23 constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-
24 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment), OAR
25 584-020-0025(2)(e) (Using district lawfill and reasonable rules and regulations); OAR
26 584-020-0040(4)(c) (Falsification of any document or knowing misrepresentation directly
27 related to licensure, employment, or professional duties); and OAR 584-020-0040(o) as it
28 incorporates OAR 584-020-0035(3)(a) (Maintain the dignity of the profession by
29 respecting and obeying the law, exemplifying personal integrity and honesty).
30
31
PAGE 2-DEFAULT ORDER OF REPRIMAND AND PROBATION - KEVIN DON MAK

1 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
2 FINAL ORDER
3 The Commission hereby issues a Public Reprimand upon Kevin Don Mak’s Oregon
4 educator license.
5 In addition, the Commission places Mak on probation for a period of one year to
6 commence upon execution of this order. This probation period is subject to the
7 following terms and conditions:
8
9 1. Mak shall comply with the Standards for Competent and Ethical Performance of
10 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
11
12 Violation of any term or condition of probation shall constitute an independent basis
13 for the Commission to revoke Mak’s Oregon educator license or otherwise impose
l4 discipline, after first providing Mak with notice and opportunity for hearing.
15
16 11d
l7 IT IS SO ORDERED THIS g2 ’ day 0f March, 2018.
18
l9 TEACHER STANDARDS AND PRACTICES COMMISSION
20
21 By: z ‘ l%
22 Dr. Anthony Rosilez, Executive Director
23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
27 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
28 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
29 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REPRIMAND AND PROBATION - KEVIN DON MAK