1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION OF FACTS AND

4 Teaching License 0f ) FINAL ORDER OF SUSPENSION

5 JANEI'I'E KIM SI‘. CLAIR ) OF LICENSE

$ 0n or about July 7, 2010, the Teacher Standards and Practices Commission

8 (Commission) notified the Superintendent of the Philornath School District that Janette

9 Kim St. Clair (St. Clair) may have had an unauthorized conditional assignment or an
1 0 incident of teaching without a valid license.
1 1 After review of the matters alleged, St. Clair and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to
13 certain facts and the imposition of a 3o day suspension of St. Claifs Initial I Teaching
14 and Counselor licenses
1 5 By signing below, St. (lair acknowledges, undemtands, stipulates and agrees to
16 the following: (i) she has been fully advised of her rights to notice and a hearing to
17 contest the findings of fact, oondusions oflaw, and order set forth below, and fully and
18 finally waives all such rights and any rights to appeal or otherwise challenge this
19 Stipulation of Facts and Final Order of Suspension of license (Stipulation and Final
20 Order); (ii) this Stipulation and Final Order is a public document and disclosed to the
21 public upon request to the Commission; (iii) this Stipulation and Final Order is
22 contingent upon and subject to approval and adoption by the Commission. If the j
23 Oommi$iou doa not approve and adoptthis Stipulation and Final Order, then neither ‘
24 St. Clair nor the Commission are bound bythe terms herein; (iv) she has fully read this
25 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without
26 any force or dures, entms into th's Stipulation and Final Order and consents to issuance
27 and entry of the Stipulated Final Order below; (vi) shestates that no promise or
28 reprmeutationhasheenmademinduoehertosignthisSfipulationandFinaiOrder;and

Q Page 1 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION - s1. CLAIR, JANETTE KIM

1 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and

2 has been fully advised with regard to her rights thereto, or waives any and all rights to

3 consult with an attorney prior to entering into this Stipulation and Final Order and

4 issuance and entry of the Stipulated Final Order below.

5 STIPULA'I'ION OF FACTS

6 1. TheCcmmissionhaslicensedSt.Clairasateacherin0regonsinceJune22, 2006.

7 St. Clairs current Initial lTesching che' nse, with an endorsement in Language Arts,

8 issued on June 22, 2006, is pending renewal as ofJnne 22, 2009. St. 01an Initial I

9 Counselor license issued on March 18, 2009, is scheduled to expire on June 11, 2012.
10 During all relevant times, SL Clair was employed bythe Philomath School District.
1 1 2. St. Clair was hired by the Philomath School District to serve in a temporary 0.5 FTE
12 Counselor posrtron' ' for the 2008-2009 school year. In preparatro' n for St. Claifs
13 service in that position, the Superintendent of the Philomath School District wrote
14 TSPC on August 13, 2008 requesting a Restricted Transitional Counseling license for
15 St. Clair.
16 3. On or about August 15, 2008, TSPC e-rnailed St. Clair indicating that it had received
17 the correspondence from the Superintendent and a C-2 Program Completion Report
18 andwouldcontadherwithfurtherinfonnatro' norinsmumo' nsiftheabove
1 9 documents are incomplete or if she did not qualify for the requmted license.
20 4. On or about August 26, 2008, St. Clair began anployment for the District in the
21 temporary 0.5 FI'E Counselor positron‘ ' .
22 5. On or about October 6, 2008, TSPC sent St. Clair a letter confirming again that it had '
23 received the District's requ$t for a Restricted 'l‘ransrt10‘ ' nal School Counsdor License,
24 and aC-2 Formfrom OregonStateUnrversrty' ' recommending her-forthelicense and
25 requesting that she submit a completed C-r application form along with $100 for the
26 application fee.
27 6. 0n or about Odaober 15, 2008, St. Clair sent TSPC an e-mail explaining that she had
28 nearly completed her Master’s school counseling program and would soon be eligible
29 for the Initial I School Counselor License and inquiring whether she still needed to
30 submit a C-r Form and $100 fee for-the Rescued‘ ‘Ir-anemic‘ ' nal license, or if she
31 could wait and to apply until she had completed the initial license requirements
32 foregoing the Restricted Transitional School Counselor License.‘

Page 2 STIPULATlON OF FAcTS AND ORDER OF LICENSE SUSPENSION - ST. CLAIR, JANETI'E KIM

1 7. On or about anber 16, 2008, TSPC responded to St. Claifs e-mail request with the
2 HlowinngouwnunitandapplyfiwtheInifiallkmweifyoumeetall
3 requuemenlswrdyowrfistriztdoesmtneedyoumbefiwrsednyhtmuay. You
4 cannot work as a cormselor without a school coruwelor license.” St. Clair shared
5 TSPC's October 16th response with her District Superintendent.
6 8. 0n December 26, 2009, TSPC sent a letter to St. Clair reiterating the information in
7 its letter of October 6, 2008.
8 9. On January 14, 2009, 'ISPC received a C-2 form from Oregon State University
9 recommending St. Clair forthe Initial I School Counselor License.
. 1O 10. On February 18, 2009, TSPC received St. Claifs applization for the Initial I School
1 1 Counselor License.
12 11. On March 18, 2009, TSPC issued St. Clairthe Initial I School Counselor license.
13 12. St. Clair served without a valid license as a School Counselor for the period August 26, 2008
14 through March 18, 2009.
‘ 15 IT IS SO STIPULATED:
15 C ,1 I '7»/‘/'//
17.1.1; >1IISLC12 Date
1 8 /
20 ' rctoria I ‘91$? Executive Director Date
21 Teacher Standards and Practices Commission
22 (DNCLUSION OF LAW
23 St. Clair served as a school counselor from August 26, 2008 through March 18, 2009,
24 without a School Counselor License. This conduct constitut$ gross neglect of duty in violation
25 of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020—ooro(5) (Use
26 professional judgment), OAR 584-020-0040(4)(o) as it incorporats OAR 584-020-
27 0035(2X3XAPPlyflm'awept, qfier, or assign a position (y'mspmsibility only on on the basis of
~ 28 pmfessbrmlmmlfiimtions,mrdwrfladhmmMemndflM0facmbuctwfimmmofMe
29 appointment) and OAR 584-020-0040(4)(r) (Iatmuingly working without a license).
30 ORDER
Page s STIPULATION OF FACTS AND ORDER OF LIcENSE SUSPENSION - ST. CLAIR, JANETTE KIM

1 The Commission adopts and incorporates herein the above findings of fact and
2 conclusions of law, and based thereon, imposes a 3o day suspension of Janette Kim St.
3 Clair’s Initial I School Counselor License and suspends her right to apply fior her Initial I
4 Teaching License for 30 days.
5 Issued anddatedthis giféa/y ofJuly, 2011.
6 TEACHER STANDARDS AND PRACTICES COMMISSION
7 STATE 0F ORFBON
3 WW
1O WMriaChatn-fliflf‘ .1- tiveDirectot'
Page 4 sTIPULATION OF FAcTs AND ORDER OF LICENSE SUSPENSION - ST. CLAIR, .IANETTE KIM