. “ O O
O I
1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATED FINAL ORDER ‘
4 Licensure of )
5 KYLE JOSEPH MALiSZEWSKl )
6
7 On January 23, 2004, the Commission issued a Notice of Opportunity for Hearing to Mr. ,
8 Maliszewski alleging misconduct under ORS 342.175. Mr. Maliszewski timely requested a ,
9 hearing in the matter. The Commission also issued an Amended Notice of Opportunity for '
10 Hearing on May 23, 2006, and a Second Amended Notice of Opportunity for Hearing on July 17,
11 2006 on the same allegations of misconduct.
V 12 After review of the matters alleged, Mr. Maliszewski and the Commission agree that their 1
13 respective interests, together with the public interest, are best served by entering into a ‘
.14 stipulated order whereby Mr. Maliszewski agrees not to apply for a teaching license for a period I
15 of 10 years. '
16 By entering into this stipulated order, Mr. Maliszewski neither admits nor denies the
17 allegations in the Commission’s notices, but acknowledges that there is sufficient evidence for
18 the Commission to impose a sanction.
19 By signing below, Mr. Maliszewski acknowledges, understands, stipulates, and agrees to _
20 the following: (i) he has been fully advised of his rights to notice and a hearing to contest the
21 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all
22 such ‘rights and any rights to appeal or otherwise challenge this Stipulated Final Order; (ii) this
23 Stipulation and Final Order is a public document and disclosed to the public upon request by the
24 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to approval and
25 adoption by the Commission. If the Commission does not approve and adopt this Stipulation
26 and Final Order, then neither Mr. Maliszewski nor the Commission are bound by the terms
.27 herein; (iv) he has fully read this Stipulation and Final Order, and understands it completely; (v)
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(Maliszewski) 1

1 ~ o o §
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1 he voluntarily, without any force or duress, enters into this Stipulation and Final Order and
2 consents to issuance and entry ofthe Stipulated Finai Order below; (vi) he states that no j
3 promises or representation has been made to induce him to sign this Stipulation and Final I
4 Order; and (vii) he has consulted with his attorney Karen Zorn (OSB# 85374) regarding this .
5 Stipulation and Final Order and has been fully advised with regard to his rights thereto prior to I
6 entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final 1
7 Order below. ‘
8 ;
9 STIPULATION OF FACTS ,
10 1. Mr. Maliszewski obtained a Transitional Teaching License on August 10, 2001. I
11 The license expired on August 10, 2004. I
12 2. On April 30, 2002, Mr. Maliszewski was indicted on 1 count of Sexual Penetration
.13 I; 1 count of Sexual Abuse l; 3 counts of Sexual Abuse ll; 1 count of Sexual Abuse lll; 1 count of
14 Rape 1; and 1 count of Sodomy 1.
15 3, Local newspapers published articles related to the charges against Mr,
16 Maliszewski.
17 4. On October 16, 2002, all charges were dismissed by the Linn County Circuit
18 Court. I
19 5. The conduct related to the indictment occurred while Mr. Maliszewski held a
20 TSPC license.
21
22 CONCLUSIONS OF LAW
23 - 1. Mr. Maliszewskis conduct as outlined above is morally incompatible with _
24 behavior expected of educators in the public school system and is subject to sanctions under ,
25 ORS chapter 342 and OAR 584-020-0040(4) and (5). .
026 ¢
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(Maliszewski) i

1 lT IS SO STIPULATED AND AGREED TO:
2 ' ‘ ~
3 t [2 '~ 1" 0 Q
4 e Joseph M iszewski Date
5
6 MM 1Q “$110.? ;
7 ictoria Ch in, Executive Director Date
8 Teacher Standards and Practices Commission
9 .
10 In,‘ /Q—fmfi¢
11 Approved as = - Date
12 Karen J. Um» for Mr. Maliszewski
1 3 .
14 STIPULATED FINAL ORDER
15 Now therefore, based on the preceding Findings of Fact and Conclusions of Law, the
16 parties hereby stipulate to entry of a Final Order as follows:
17 1. Mr. Maliszewski hereby surrenders his right to apply for any teaching license issues by
.18 the Commission for a period of ten years from the date of this order. _ '
19 2. The Commission hereby accepts Mr. Maliszewskis surrender of his right to apply for a
20 . teaching license pursuant to ORS 342.175(1)(b) and (c) and OAR 584-050-0027(2).
21
22 .
23 TEACHER STANDARDS AND PRACTICES COMMISSION
24 STATE OF OREGON
25 ¢ I
26 It is so .r. ~. ed this ,1’ day/1,111‘. .41‘. .20?’ I
27 B 1 ‘Ll/ll‘ .4 I/L/fl/h4 044 l
28 ictoria Ch -- 'rlai , Executive Director ‘
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(Maliszewski)