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 Educator License of ) FINAL ORDER OF SURRENDER AND 5 KARLI C. KYLE ) REVOCATION OF LICENSURE 6 On or about December 7, 2016, the Teacher Standards and Practices Commission 7 (Commission) received a report from the Gresham-Barlow School District indicating Karli C. 8 Kyle (Kyle) was the subject of a law enforcement investigation regarding allegations of 9 inappropriate sexual contact with a former student. 1O After review of the matters alleged, Kyle and the Commission agree that their respective 1 1 interests, together with the public interest, are best served by a stipulation to certain facts, the 12 acceptance of Kyle’s voluntary surrender of her Oregon educator license, and the revocation of 13 Kyle’s Oregon educator license. 14 This document sets forth the facts upon which the parties have agreed and the stipulated 15 sanction to be imposed. Kyle stipulates that there is sufficient evidence in the Commission’s 16 files and records to support the findings of fact, conclusions of law, and order set forth below. 17 By signing below, Kyle acknowledges, understands, stipulates, and agrees to the 18 following: (i) she has been fully advised of her rights to notice and a hearing t0 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 to 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 Kyle nor the Commission are bound by the terms 26 herein; (iv) she has fully read this Stipulation and Final Order, and understands it completely; 27 (v) She voluntarily, without any force 0r duress, enters into this Stipulation and Final Order and Page1 STIPULATION OF FACTS AND FINAL ORDER OF SURRENDER AND REVOCATION OF LICENSURE — KARLI C. KYLE 1 consents to issuance and entry of the Stipulated Final Order below; (vi) she states that n0 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, Kyle waives the right 7 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 Kyle since November 27, 2012. Kyle holds a Preliminary 1O Teaching License, with an endorsement in Advanced Mathematics (PK-12), valid from 1 1 April 9, 2016, through April 8, 2019. During all relevant times, Kyle was employed by the 1 2 Gresham-Barlow School District. 13 2. On December 7, 2016, the Commission received a report from the Gresham-Barlow 14 School District indicating that Kyle was subject to a law enforcement investigation 15 related to allegations 0f sexual contact with a student. 16 Subsequent investigation determined that beginning in June, 2016, Kyle, and then 17— 17 year-old student, FG began to meet socially. Kyle and FG would meet at local parks, go 18 on hikes, play soccer, go to movies, and meet for meals. Kyle and FG began to 19 communicate electronically, including using Facebook Messenger. Review of the 20 messages exchanged between Kyle and FG indicated extensive communications totaling 21 approximately 2000 pages, including some of a sexual nature. 22 3. On March 31, 2017, Kyle was charged with one count 0f Harassment (Class A 23 Misdemeanor) for on or between July 1, 2016 and September 6, 2016, did unlawfully and 24 intentionally harass and annoy FG, by subjecting FG t0 offensive physical contact by 25 touching his neck, a sexual or intimate part of FG, contrary to ORS 166.065(1). On April 26 5, 2017, Kyle plead guilty to that one count of Harassment, ORS 166.065(4) (a)(C). Kyle Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SURRENDER AND REVOCATION OF LICENSURE — KARLI C. KYLE 1 was sentenced in part, to a total of 2 days in jail, 3 years of supervised probation, 2 required to participate in a sex offender evaluation and any recommended treatment, 3 and ordered t0 have no contact with minors; and n0 educational employment in the K-12 4 range (can teach age over 18 years) while on probation. 5 6 IT IS SO STIPULATED: / 7 - ’1 7 if 59717;? 8 Karli C. Kyle” H.‘ ' Date ' 9 ‘2225!me ‘164,444.11 {2"[301/ Z 10 Dr. Monica Beane, Executive Director Date 1 1 Teacher Standards and Practices Commission 12 CONCLUSION OF LAW 13 Karli C. Kyle’s criminal conviction, and her conduct described above constitutes Gross 14 Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates 15 OAR 584-020-0010(5) (Use professional judgment); OAR 584-020-004o(4)(f) (Any sexual 16 conduct with a student) as defined by OAR 584-020-0005(5); OAR 584-02o-oo4o(4)(0) as it 17 incorporates OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with 18 students in conduct and conversations at all times); and OAR 584-020-0035(3)(a)(Maintain 19 the dignity of the profession by respecting and obeying the law, exemplifying personal 2O integrity and honesty). Kyle’s conduct also constitutes gross unfitness in violation of ORS 21 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or local 22 law. A conviction includes any final judgment of conviction by a court whether as the result 0f 23 guilty plea, no contest plea or any other means); OAR 584-020-004o(5)(e) (Admission ofor 24 engaging in acts constituting criminal conduct, even in the absence of a conviction); and OAR 25 584-020-oo4o(3)(c) and (d) as defined by OAR 584-020-0040 (5) (Gross unfitness is any 26 conduct which renders an educator unqualified to perform his or her professional 27 responsibilities) . Page 3 STIPULATION OF FACTS AND FINAL ORDER OF SURRENDER AND REVOCATION OF LICENSURE — KARLI C. KYLE 1 The Commission’s authority to impose discipline in this matter is based upon ORS 2 342.175. 3 ORDER 4 The Commission adopts the above Stipulation of Facts, and hereby accepts the 5 surrender of Karli C. Kyle’s Oregon educator license and revokes Karli C. Kyle’s Oregon educator 6 license. . Z {5+ 7 IT IS SO ORDERED thls day of June, 2017. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 r 1O By: 12 22% @Z& 1 1 Dr. Monica Beane, Executive Director Page 4 STIPULATION OF FACTS AND FINAL ORDER OF SURRENDER AND REVOCATION OF LICENSURE — KARLI C. KYLE