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i
l 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
‘ 2 OF THE STATE OF OREGON
3 In the Matter 0f the ) STIPULATION OF FACTS AND
4 Teaching License of ) FINAL ORDER OF SUSPENSION
5 KELLY RYAN MCLAIN ) AND PROBATION
6 On or about March 6, 2010, the Teacher Standards and Practices Commission
' 7 (Commission) received information relating to Kelly Ryan McLain (McLain).
8 After review of the matters alleged, McLain and the Commission agree that their
9 respective interests, together with the public interest, are best served by a stipulation to certain
10 facts, the imposition of a six (6) month suspension of McLain’s Oregon Teaching License
1 1 followed by a four (4) year probation and monitoring period.
12 This document sets forth the facts upon which the parties have agreed and the stipulated
13 sanction to be imposed. McLain stipulates that there is sufficient evidence in the Commission’s
14 files and records to support the findings of fact, conclusions of law, and order set forth below.
1 5 By signing below, McLain acknowledges, understands, stipulates, and agrees to the
16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
17 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
18 such lights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final
19 Order of Suspension and Probation (Stipulation and Final Order); (ii) this Stipulation and Final
20 Order is a public document and disclosed t0 the public upon request by the Commission; (iii)
21 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the
22 Commission, If the Commission does not approve and adopt this Stipulation and Final Order,
23 then neither McLain nor the Commission are bound by the terms herein; (iv) he has fully read
24 this Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any
25 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry
26 of the Stipulated Final Order below; (vi) he states that no promises or representation has been
27 made to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
Page 1 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — MCLAIN, KELLY

1 attorney regarding this Stipulation and Final Order and has been fully advised with regard to his
2 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this
3 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This
4 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed.
5 McLain stipulates that there are sufficient facts contained in the Commission’s files and records
6 to support the findings of fact and conclusions 0f law set forth below. In entering into this
7 stipulation, McLain waives the right to a hearing to contest the findings of fact, conclusions of
8 law and order set forth below.
9 STIPULATION OF FACTS
1O 1. The Commission has licensed Kelly McLain since December 23, 1998. McLain currently
1 1 holds a Standard Teaching License issued May 2, 2006, with a Standard Advanced
12 Mathematics endorsement, which expired on May 1, 2011. McLain made timely
13 application for renewal and his expiration date was extended. During all relevant times,
14 McLain was employed by the Hillsboro School District.
1 5 2. During the 2009-2010 school year McLain suggested to a female student that she
16 reminded him of his wife. The student interpreted McLain’s actions as an inappropriate
I 17 expression of romantic feelings toward her. Sometime later, McLain sent various text
18 messages to the female student’s phone regarding the initial verbal conversation, which
19 made the student more uncomfortable. On at least one occasion, McLain commented
20 about this student’s cleavage while in the classroom, which was witnessed by other
2 1 students.
22 3. Students reported that McLain would sometimes inquire about their personal lives
23 during class. McLain would ask students about such things as, out of school parties, the
24 student’s dating/ sex lives, sexual behavior, and sexual gossip. This behavior was largely
25 limited to female students in McLain’s classes.
Page 2 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — MCLAIN, KELLY

1 4. School District Officials recommended McLain for dismissal for boundary issues and
2 related policy violations. McLain resigned employment prior to completion of the
3 dismissal process.
4 / / /
5 IT IS SO STIPULATED:
. r ,
6 % Z /0 - k) 4 L
7 Kell ,1 - McLain Date
/ .
8 km? V /1' 1141-11 ‘1%
9 '1ctoria Cham r. ecutive Director Date
1O Teacher Standards and Practices Commission
1 1 CONCLUSION OF LAW
12 Kelly Ryan McLain expressed what were interpreted as romantic feelings to a female
1 3 student, reinforced these conversations with inappropriate text messages and follow up
14 conversations. McLain made inappropriate comments in the classroom related to the same
15 student’s cleavage. McLain’s conduct was witnessed by other students. McLain became overly
16 involved in students personal lives, asking questions involving sexual activities, gossip, rumors
17 and student's private dating and relationship issues. McLain’s behavior created an
18 uncomfortable educational environment that intimidated students and made students feel
1 9 embarrassed. This conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b);
20 OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional
21 judgment), OAR 584-020-0025(2)(a) (Establishing and maintaining classroom management
22 that is conducive to learning), OAR 584-020-0030(2)(b) (Skill in communicating with
23 administrators, students, stafl, parents, and other patrons); and OAR5&1-020—0040(4)(o) as
24 is incorporates OAR 584-020-0035(1)(b) (Refiain from exploiting professional relationships
25 with any student for personal gain, or in support of persons or issues), OAR 584-020-
26 0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate interest in a
27 student's personal life), OAR 584-020-0035(1)(c)(B) (Not accepting or giving or exchanging
28 romantic or overly personal gifts or notes with a student), OAR 584-020-0035(1)(c)(D)
29 (Honoring appropriate adult boundaries with students in conduct and conversation at all
3O times).
Page 3 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION — MCLAIN, KELLY

1 The Commission’s authority to impose discipline in this matter is based upon ORS
2 342.175.
3 ORDER
4 Thc Commission hereby adopts and incorporates herein the above stipulation of facts,
5 conclusions of law, and based thereon hereby imposes a six (6) month suspension upon
6 McLain’s Initial I Teaching License as follows:
7 Kelly Ryan McLain’s Standard Teaching License is hereby suspended for six (6) months
8 following the adoption of this order. Prior to reinstatement, McLain must submit to a psycho-
9 sexual evaluation by a Commission approved evaluator. Results of such an evaluation will be
1O reviewed prior t0 any reinstatement decision.
1 1 Furthermore, the Commission imposes a four (4) year probation period upon McLain to
12 commence upon reinstatement of his license and subject to the following terms and conditions
1 3 of probation:
14 1. McLain shall comply with the Standards for Competent and Ethical Performance of
15 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
16 2. McLain will comply with any treatment recommendations resulting from required
1 7 evaluation(s).
18 / / /
19 Violation of any term or condition of probation shall constitute an independent basis for the
20 Commission to revoke McLain’s teaching license or otherwise impose discipline, after first
21 providing McLain with notice and opportunity for hearing. Q/
22 //./ 5g, %W,QD/a> -
23 IT IS SO ORDERED this day 0f?ebm8ry,-SQL3.
24 TEACHER STANDARDS AND PRACTICES COMMISSION
25 t
27 1ctoria Chamber ‘ , xecutive Director
Page 4 STIPULATION OF FACTS, ORDER OF SUSPENSION AND PROBATION - MCLAIN, KELLY