[Flirt-e 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSIyiN ‘AYEJEFMZQ\N 2 OF THE STATE OF OREGON / JU/y 06, 2 “D / 3 In the Matter of the ) STIPULATION OF FACTS13§€¢IYQFS. 0/3 ,i 4 Educator License of ) SURRENDER AND REVOCATIéittgggjflfewe é, 5 KATIE LYNN HEILSBERG ) OF LICENSURE ~11?an \/ 6 On or about June 3, 2011, the Teacher Standards and Practices Commission 7 (Commission) received a report from Howard Fetz, Superintendent, Estacada School District, 8 indicating that Katie Lynn Heilsberg (Heilsberg) had violated professional standards regarding 9 student / teacher boundaries. 1G After review of the matters alleged, Heiisb-erg and the Commission agree that their 1 1 respective interests, together with the public interest, are best served by a stipulation to certain 12 facts, Surrender and Revocation of Heilsberg’s Oregon Teaching License. 13 This document sets forth the facts upon which the parties have agreed and the stipulated 14 sanction to be imposed. Heilsberg stipulates that there is sufticient evidence in the 15 Commission’s files and records to support the findings 0f fact, conclusions of law, and order set 1 6 forth below. 17 By signing below, Heilsberg acknowledges, understands, stipulates, and agrees to the 18 following: (i) she has been fully advised of her rights to notice and a hearing to contest the 1 9 findings of fact, conclusions of law, and order set forth below, and fully and‘ finally waives all 20 such rights and any rights t0 appeal or otherwise challenge this Stipulation of Facts and Final 21 Order of Surrender and Revocation of Licensure (Stipulation and Final Order); (ii) this 22 Stipulation and Final Order is a public document and disclosed to the public upon request by the 23 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval 24 and adoption by the Commission. If the Commission does not approve and adopt this ‘ 25 Stipulation and Final Order, then neither Heilsberg nor the Commission are bound by the terms i 26 herein; (iv) she has fully read this Stipulation and Final Order, and understands it completely; 27 (v) she voluntarily, without any force or duress, enters into this Stipulation and Final Order and Page 1 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION — HEILSBERG 1 consents to issuance and entry of the Stipulated Final Order below; (vi) she states that no 2 promises or representation has been made to induce her to sign this Stipulation and Final 3 Order; and (vii) she has consulted with an attorney regarding this Stipulation and Final Order 4 and has been fully advised with regard to her rights thereto, or waives any and all rights to 5 consult with an attorney prior to entering into this Stipulation and Final Order and issuance and 6 entry of the Stipulated Final Order below. In entering into this stipulation, Heilsberg waives the 7 right to a hearing to contest the findings of fact, conclusions of law and order set forth below. 8 STIPULATION OF FACTS 9 1. The Commission has licensed Iieiisberg since July 6, 2607. I'ieilsberg currently holds an 1O Initial II Teaching License with endorsements in Multiple Subjects (MDLVL), Multiple 1 1 Subjects Self-Contained (ECE, ELE), and Health Education (HS, ML), valid August 23, 12 2010 through August 23, 2013. 1 3 2. On June 3, 2011, the Commission received a report from the administration of the 14 Estacada School District indicating you may have committed acts which constitute gross 15 neglect of duty. An investigation determined that on May 19, 2011, you were dismissed 1 6 from employment by the Estacada School District for inappropriate behavior with 17 students. Specially, you crossed professional teacher / student boundaries by sharing 18 text messages with two male students. In the course of the investigation you admitted to 19 exchanging text messages with one student that contained sexual innuendo. 20 21 IT IS O SPPULATED: 22 'IQIJ 1 f 1:1in U242! 5 5 i ~ i i 23 Kat ,1 4 n Heisber; / Date 24 "1”1’”/I. 1 X * 11C - ML 1 25 Victoria Cha =7- 1.’ ‘, ecutive Director Date 26 Teacher Standar and Practices Commission 27 ' Page 2 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION - HEILSBERG . , _ 1 1 CONCLUSION OF LAW 2 Katie Lynn Heilsberg engaged in inappropriate communications with a student. This 3 conduct constitutes Gross Neglect of Duty in violation of OAR 584-02 0-0040(4)(n) as it 4 incorporates OAR 584-020-0010(5) (Use professional judgment); OAR 584-020-0040(4)(0) as 5 is incorporates OAR 584-020-0035(1)(c)(A) (Not demonstrating 0r expressing professionally 6 inappropriate interest in a student's personal life), OAR 584-020-0035(1)(c)(B) (Not accepting 7 0r giving or exchanging romantic or overly personal gifts or notes with a student), OAR 584- 8 020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and 9 conversation at all times). 'i'hc Commission relies on the definitions of sexual conduct in ORS 10 339.370(9) and OAR 584-o2o-ooo5(5). The Commission’s authority to impose discipline in 1 1 this matter is based upon ORS 342.175. 1 2 ORDER 13 The Commission adopts the above Stipulation of Facts, accepts the licensure surrender 14 and revokes the Initial II Teaching License of Katijynn Heilsberg. 15 IT IS s0 ORDERED this 122E‘ day 0%,‘2013. 16 TEACHER STANDARDS AND PRACTICES COMMISSION 1 7 / t 18 By: ”%% l/ [IL] 19 woria Cham ecutive Director l l Page 3 STIPULATION OF FACTS, ORDER OF SURENDER AND REVOCATION — HEILSBERG