(, 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' 2 STATE or OREGON 3 In the Matter» of the ) Teaching license of ) STIPULATION AND ORDER OF 4 ) PROBATION DONNA JEAN KALIK ) 5 ) 6 On July 17, 2000, the Oregon Teacher Standards and Practices Commission 7 (“Commission”) issued a Notice of Opportunity for Hearing to Donna Jean Kalik. Ms. Kalik, 8 through her attorney, requested a hearing to contest the allegations in the Notice. Afier a review 9 of the matters alleged, the Commission and Ms. Kalik agreed that their respective interests, 10 together with the pubic interest, are best served by a stipulation to certain facts and an order 1 1 imposing a term of probation. r 12 This Order sets forth the facts upon which the Commission and Ms. Kalik have agreed E l 13 and the sanction to be imposed. In entering into this stipulation, Ms. Kalik waives her right to a 14 hearing to contest the matters contained in this Order. She further understands that the 15 Commission will impose a four-year period of probation with specific conditions. 16 This stipulation is contingent upon approval and adoption of the Order by the full 17 Commission. If the Commission does not adopt this Order, neither Ms. Kalik nor the 18 Commission are bound by the contents of this stipulation, and Ms. Kalik retains all rights to a 19 hearing on the allegations in the notice. 20 STIPULATION OF FACTS 21 The Commission and Ms. Kalik stipulate as follows: _ 22 1. Ms. Kalik holds a Basic Teaching License with a Handicapped Learner 2 23 endorsement. The license is effective through September 23, 2002. Page 1 - STIPULATION AND ORDER (Kalik v. TSPC) JGszaMGEN93696 Department oflusrice 1 162 Court sum NE Salem. 0R 913014096 ($03) 37mm l 2. During the fall of 1998, Ms. Kalik was assigned as a special education teacher at . 2 Chapman Elementary School in the Sheridan School District. 3 3. One of the students in Ms. Kalik’s classroom was a 13-year old male student who 4 had behavior problems and who had been subjected to severe physical and sexual abuse as a 5 young child. One of the behavioral issues for this student was the maintenance of appropriate 6 sexual boundaries. Ms. Kalik was aware of this student’s problems and his troubled background. 7 4. Ms. Kalik took an interest in this student and focused a great deal of her attention 8 on the student’s behavioral issues and his progress in school. 9 5. In some of her interactions with this student, Ms. Kalik did not maintain an 10 appropriate student-teacher relationship, especially in light of the student’s problems and ll background. These inappropriate interactions included hugging the student, being concerned 12 about the student’s personal issues and interactions with girls, and spending too much time alone . l3 with the student. l4 6. These interactions, while well intentioned, went beyond an appropriate teacher- 15 student relationship and did not maintain an appropriate boundary between teacher and student. 16 /// l7 /// 18 /// l9 /// 20 /// 21 /// 22 /// 23 /// . Page 2 - STIPULATION AND ORDER (Kalik v. TSPC) JGM:jaW\GEN93696 Departmentoflustice 1162 Court smt NE S“‘°}2"£{'§?Zi%t§‘°” ' 1 CONCLUSION OF LAW 2 Ms. Kalik’s conduct in relation to this student constituted a substantial deviation from 3 professional standards and a failure to use sound professional judgment in violation of OAR 584- 4 020-0040(n) and 584-020-0010(5). 5 . W? figblé Ltynrtoy 6 Donna Jean Kalik Date 7 s lib/v Y! 9:] I D I David V. Myton, Executi e Director Date 9 Teacher Standards and Practices Commission 10 1 1 ORDER 12 Based on the foregoing stipulated facts, the Commission places Ms‘ Kalik on probation ' l3 for a period of four-years subject to the following conditions: l4 ll Ms. Kalik shall comply with all Standards for Competent and Ethical 15 Performance of Oregon Educators under OAR 584 Division 020. 16 2. Ms. Kalik shall not accept employment as a teacher in any public or private l7 school in Oregon until she undergoes an evaluation at her own expense by a psychotherapist or 18 medical professional who is acceptable to the Commission, and the evaluator submits a written 19 report as described in this paragraph. Ms. Kalik shall provide a copy of this Order and a copy of 20 the Commission’s investigation report to the evaluator. Ms. Kalik shall also cooperate in the 21 evaluation which shall include testing, interviews and any other activity the evaluator deems 22 necessary to complete the evaluation. The evaluator shall submit his or her report to the 23 Commission. The report shall contain findings that, in the professional opinion of the evaluator, Page 3 - STIPULATION AND ORDER (Kalik v. TSPC) JGszaW\GEN93696 Depannrenroflusliw 1162 Court saw NE satin, 0R 913014096 (503) 378-6003 . 1 (a) Ms. Kalik is fit to work with children and teenagers, and (b) there is a high probability that 2 Ms. Kalik will interact appropriately with students in the future and will maintain appropriate 3 student-teacher boundaries. The report shall also contain an explanation for the evaluator’s 4 findings and the evaluator’s recommendations as to whether Ms. Kalik should participate in 5 continuing counseling or treatment. 6 3. Ms. Kalik shall participate in follow-up counseling or other treatment as 7 recommended by the evaluator. . / 1°‘ 8 DATED this L/_ day of September 2001. 9 TEACHER STANDARDS AND PRACTICES COMMISSION 10 ii . M ll David V. Myton Executive Director 12 O 13 l4 l 5 l 6 1 7 l 8 l 9 20 2 1 22 23 Page 4 - STIPULATION AND ORDER (Kalik v. TSPC) JGM;jaw\GEN93696 We“, muslin 1 162 Court. Street NE Salem, OR 97301-4096 (503)3784003