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 SUSPENSION 5 RYAN M KINNE'IT ) AND PROBATION 6 On or about February 12, 2016, the Teacher Standards and Practices Commission 7 (Commission) received a report from the Salem-Keizer School District (SKSD) advising that Ryan M. 8 Kinnett (Kinnett) had violated Professional Standards and Practices. SKSD’s report alleged Kinnett 9 displayed inappropriate teacher / student boundaries. 1O After review of the matters alleged, Kinnett 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 imposition of a three (3) month suspension 0f Kinnett’s Oregon educator license, and a three (3) year 13 period of probation upon reinstatement of licensure. 14 This document sets forth the facts upon which the parties have agreed and the stipulated 15 sanction to be imposed. Kinnett stipulates that there is sufficient evidence in the Commissions files 16 and records to support the findings of fact, conclusions of law, and order set forth below. 17 By signing below, Kinnett acknowledges, understands, stipulates, and agrees to the following: 18 (i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact, 19 conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights 2O t0 appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and 21 Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and 22 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is 23 contingent upon and subject t0 approval and adoption by the Commission. If the Commission does 24 not approve and adopt this Stipulation and Final Order, then neither Kinnett nor the Commission are 25 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it 26 completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Order 27 and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises 28 or representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he ElafifigTiTIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- RYAN M 1 has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised 2 with regard to his rights thereto, or waives any and all rights t0 consult with an attorney prior t0 3 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order 4 below. 5 STIPULATION OF FACTS 6 1) Kinnett has been licensed as an educator in Oregon since July 1, 2002. Kinnett holds an Initial II 7 Teaching License, with an endorsement in Integrated Science (HS), valid from March 26, 2015, 8 through March 29, 2018. During all relevant times, Kinnett was employed by the Salem-Keizer 9 School District. 1O 2) On February 12, 2016, the Commission received a report from SKSD advising that Kinnett had 1 1 been investigated for conduct that may be considered gross neglect of duty or gross unfitness. The 12 report alleges Kinnett engaged in grooming behaviors and displayed inappropriate teacher / 1 3 student boundaries. 14 3) Subsequent investigation concluded that Kinnett displayed inappropriate teacher/ student 15 boundaries, including non-school related texting with many students and having multiple 16 students over the years as “friends” on Facebook. 17 In addition, investigation concluded that when Kinnett served as a chaperone on a non-school 18 sponsored trip to an environmental youth conference in Portugal, Kinnett patted student LA on 19 the thigh to reassure her during airplane take-off. Kinnett posed uncomfortably close to LA in 20 selfie photographs she initiated, and placed his hand on LA’s back. 21 Investigation also determined that during school, Kinnett committed other boundary violations 22 involving LA, such as informal texting and conversations, giving her hugs, and buying her special 23 vegan gum as a way to help her with her research as part of a class assignment. Another student, 24 AS, reported Kinnett exchanged non-school related text messages with her regularly. Kinnett gave 25 AS a birthday card on her birthday but did not give other students birthday cards. ETISSEZTS-TIPULATION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- RYAN M 1 Investigation further determined that less formal relationships between teachers and students 2 were generally accepted at this small, alternative high school, that Kinnett was forthright about 3 his conduct, and that Kinnett took responsibility for crossing teacher / student boundaries in a 4 manner that made any students feel uncomfortable. 5 The district’s investigation concluded that Kinnett’s conduct was inappropriate and violated local 6 policies. In February 2016, the district advised they would be seeking Kinnett’s termination, and 7 on February 11, 2016, Kinnett resigned his employment with SKSD. 8 9 IT IS SO STIPULATED: 1o %JL.$» fill/[2017 1 1 Ry n . Kinnett Date 12 Q 2 (2m 2511112.»!2 13 Trent Danowski, Co-Interim Executive Director Date 14 Teacher Standards and Practices Commission 15 CONCLUSIONS OF LAW 16 Ryan M. Kinnett’s conduct described in section three (3) above constitutes gross neglect of 17 duty in violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584-020- 18 0010(5) (Use professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and 19 reasonable rules and regulations), OAR 584-020-0030(2)(b) (Skill in communicating with 20 administrators, students, stafi‘, parents, and other patrons); and OAR 584-020-0040(4)(o) as it 21 incorporates, OAR 584-020-0035(1)(c)(A) (Not demonstrating or expressing professionally 22 inappropriate interest in a student's personal life), OAR 584-020~0035(1)(c)(B) (Not accepting or 23 giving or exchanging romantic or overly personal gifts or notes with a student), and OAR 584-020- 24 oo35(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and conversations 25 at all times). 26 27 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 28 EffgfiéngPUL/XTION OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- RYAN M 1 ORDER 2 The Commission hereby adopts and incorporates herein the above stipulation of facts, 3 conclusions 0f law, and based thereon hereby imposes a three (3) month suspension upon Kinnett’s 4 Oregon educator license as follows: 5 Ryan M. Kinnett’s Oregon educator license is hereby suspended for three (3) months following 6 the adoption of this order. Kinnett will successfully complete a Commission approved training on 7 teacher / student boundaries and submit proof of same prior to any reinstatement of his licensure. 8 Furthermore, the Commission imposes a period of three (3) y ears of probation upon Kinnett to 9 commence upon reinstatement of his license and subject to the following terms and conditions of 1 O probation: 1 1 1. Kinnett shall comply with the Standards for Competent and Ethical Performance of Oregon 12 Educators under Oregon Administrative Rules Chapter 584, Division 020. 1 3 Violation of any tenn or condition of probation shall constitute an independent basis for the 14 Commission to revoke Kinnett’s educator license or otherwise impose discipline, after first providing 1 5 Kinnett with notice and opportunity for hearing. 1 6 1 7 1 8 IT IS SO ORDERED this m day of November, 2017. t 1 9 TEACHER STANDARDS AND PRACTICES COMMISSION 20 21 By: {33% L @E% L 22 Trent Da wski, Co-Interim Executive Director Elabg'eléngPULATlON OF FACTS AND FINAL ORDER OF SUSPENSION AND PROBATION- RYAN M