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 Educator License 0f ) FINAL ORDER OF REPRIMAND 5 KATHRYN ELIZABETH DALTON ) AND PROBATION g On May 28, 2015, the Commission received a report from the Astoria School 8 District indicating that Kathryn Elizabeth Dalton (Dalton) may have violated t 9 professional standards and local policy, 10 After review of the matters alleged, Dalton and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to 12 certain facts, the imposition of a public reprimand, and a period of probation. 13 By signing below, Dalton acknowledges, understands, stipulates, and agrees to 14 the following: (i) she has been fully advised of her rights to’ notice and a hearing to 1 5 contest the findings of fact, conclusions of law, and order set forth below, and fully and 16 finally waives all such rights and any rights to appeal or otherwise challenge this 17 Stipulation of Facts and Final Order of Reprimand and Probation (Stipulation and Final 18 Order); (ii) this Stipulation and Final Order is a public document and disclosed to the 19 public upon request by the Commission; (iii) this Stipulation and Final Order is 20 contingent upon and subject to approval and adoption by the Commission. If the 21 Commission does not approve and adopt this Stipulation and Final Order, then neither 22 Dalton nor the Commission are bound by the terms herein; (iv) she has fully read this 23 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without 24 any force or duress, enters into this Stipulation and Final Order and consents to issuance 25 and entry of the Stipulated Final Order below; (vi) she states that no promise or 26 representation has been made to induce her to sign this Stipulation and Final Order; and 27 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and 28 has been fully advised with regard to her rights thereto, or waives any and all rights to 29 consult with an attorney prior to entering into this Stipulation and Final Order and 30 issuance and entry of the Stipulated Final Order below. 31 / / / 32 STIPULATION OF FACTS 33 1. Kathryn Dalton has been licensed by the Commission since February 17, 2005. Dalton’s 34 Professional Teaching License, with endorsements in Special Education Generalist (PK- Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- KATHRYN ELIZABETH DALTON ‘ 1 12) and Elementary Multiple Subjects (PK-12), is valid from July 9, 20l6, through July 2 8, 2021. During all relevant times, Dalton was employed by the Astoria School District. 3 2. On May 28, 2015, the Commission received a district report indicating Dalton I 4 may have committed acts which constitute gross neglect of duty. Investigation 5 determined that on or about April 2015, Dalton inappropriately assisted a student 6 by typing the students “Senior Project Paper” and related citations. This was 7 done outside of the student’s allowed IEP accommodations. The district 8 determined Dalton’s conduct was the equivalent of cheating for the student. 9 Investigation further determined that during me 2013-2014 and 2014-2015 1O school years, the district had been concerned about Dalton’s special education 1 1 paperwork and process. Dalton had been issued several formal reprimands, given 12 time off without pay, and provided direction and work plans. District 13 documentation indicates Dalton continued to fail to correct her conduct including 14 failing to process IEP evaluations and paperwork within the required timeframes, 1 5 forging signatures to official IEP paperwork, and working on IEP tasks during 16 class time instead of during prep time as directed. The district also documented 17 multiple occasions where Dalton repeatedly interacted and communicated 18 unprofessionally with other staff. Dalton’s continued communication issues and 19 Dalton’s IEP paperwork and process errors were determined by the school 20 district to be in violation of district policy and related law. 21 3. On January 30, 2015, Dalton entered into a Letter of Informal Reproval 22 agreement with the Commission. This agreement included a two year monitoring 23 period (01/30/15 thru 01/30/17) in which Dalton agreed to the following 24 conditions: 25 a. Dalton will complete re-training in the area of mandatory reporting and 26 will continue to complete any annual training in this area as required by 27 her employer. 28 b. Dalton will ensure her continued compliance in following the district’s 29 policies and procedures and obeying all laws. 3O c. Dalton will comply with the Standards for Competent and Ethical 31 Performance of Oregon Educators under Oregon Administrative Rules 32 Chapter 584, Division 020. 33 Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- KATHRYN ELIZABETH DALTON 1 2 3 IT IS SO STIPULATED: ‘é 111.11,. " lam 02111 l 11 6 thryn 12abeth Dalton Da e i Iliad... l ' [£192 Zé 0/1, 9 Dr. Monica Beane, Executive Director Date 1O Teacher Standards and Practices Commission 1 1 12 CONCLUSION OF LAW 13 Kathryn Elizabeth Dalton’s conduct described in section two (2) above 14 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 15 oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment), OAR 16 584-020-0025(2)(c) (Using and maintaining student records as required by federal 17 and state law and district policies and procedures), OAR 584-020—0025(2)(e) (Using 18 district lawful and reasonable rules and regulations), OAR 584-020-0030(2)(b) (Skill 19 in communicating with administrators, students, staff, parents, and other patrons); 20 and OAR 584-020-0040(4)(c) (Falsification 0f any document or knowing 21 misrepresentation directly related to licensure, employment, 0r professional duties). 22 The above conduct also constitutes gross unfitness in violation of ORS 342.175(1)(c); 23 OAR 584-020-0040(5)(b) (Fraud or misrepresentation). 24 Kathryn Elizabeth Dalton’s conduct as reported to the Commission on May 28, 25 2015, and described in section two (2) above, occurred during Dalton’s monitoring 26 period, and in violation of Dalton’s agreement, specifically conditions (b) and (c) as 27 described in section three (3) above. This conduct constitutes gross neglect of duty in 28 violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584- 29 020-0010(5) (Use professional judgment); and OAR 584-020-0060(5)(b) (If an Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- KATHRYN ELIZABETH DALTON 1 educator fails to comply with the terms of a letter of informal reproval, the Commission 2 may take disciplinary action against the educator based on failure to comply with the 3 terms 0f the letter of informal reproval). 4 The Commission’s authority to impose discipline in this matter is based upon 5 ORS 342.175. 6 7 ORDER 8 The Commission adopts and incorporates herein the above findings of fact and 9 conclusions of law, and based thereon, imposes a Public Reprimand on Kathryn 10 Elizabeth Dalton’s Oregon educator license. 1 1 Furthermore, the Commission imposes a period of two (2) years of probation 12 upon Dalton to commence from the date this order is signed by the Commission and 13 subject to the following conditions: 14 1. Dalton shall comply with the Standards for Competent and Ethical Performance 15 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 16 020. 17 1 8 Issued and dated this M day of Jamar; , 20 L 1 9 TEACHER STANDARDS AND PRACTICES COMMISSION 20 STATE OF OREGON 21 l 22; _ < E; 22 By 23 Dr. Monica Beane, Executive Director Page 4 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND AND PROBATION- KATHRYN . ELIZABETH DALTON 4_—___—___———_—_ CERTIFICATE OF MAILING I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Reprimand and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Kathryn Elizabeth Dalton 165 Kensington Ave Astoria, OR 97103 DATED this $22 fiday of February, 2017. By: ML y Sheldon Investigative Assistant Certificate of Mailing 4 Kathryn Elizabeth Dalton Data Classification Level: 1 - Published ‘ DO: Sheldon !-————_——