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 5 DAN IELA CI IUHLANTSEFF ) SURRENDER AND REVOCATION g ) 8 On or about February 12, 2016, the Teacher Standards and Practices Commission 9 (Commission) received a report from the Salem-Keizer Public Schools, indicating that licensed _ 1O educator, Daniela Chuhlantseff (Chuhlantseff), had committed acts of unprofessional conduct. 1 1 After review of the matters alleged, Chuhlantseff and the Commission agree that their 12 respective interests, together with the public interest, are best served by a stipulation to certain 13 facts, Chuhlantseffs surrender of her Oregon educator license and the consequent revocation of 14 Chuhlantseff s Oregon educator license. 15 By signing below, Chuhlantseff acknowledges, understands, stipulates, and agrees to the 16 following: (i) she has been fully advised of her rights to notice and a hearing to contest the 17 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 18 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 19 Order of Surrender and Revocation (Stipulation and Final Order); (ii) this Stipulation and Final 20 Order is a public document and disclosed to the public upon request by the Commission; (iii) 21 this Stipulation and Final Order is contingent upon and subject to approval and adoption by the 22 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 23 then neither Chuhlantseff nor the Commission are bound by the terms herein; (iv) she has fully 24 read this Stipulation and Final Order, and understands it completely; (v) she voluntarily, 25 without any force or duress, enters into this Stipulation and Final Order and consents to 26 issuance and entry of the Stipulated Final Order below; (vi) she states that no promises or 27 representation has been made to induce her to sign this Stipulation and Final Order; and (vii) 28 she has consulted with an attorney regarding this Stipulation and Final Order and has been fully Page 1 STIPULATION OF FACTS AND FINAL ORDER OF SURENDER AND REVOCATION- DANIELA CHUHLANTSEFF l 1 advised with regard to her rights thereto, or waives any and all rights to consult with an attorney 2 prior to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 3 Final Order below. 4 This Order sets forth the facts upon which the parties have agreed and the sanction to be 5 imposed. Chuhlantseff stipulates that there are sufficient facts contained in the Commission's 6 files and records to support the findings of fact and conclusions of law set forth below. In 7 entering into this stipulation, Chuhlantseff waives the right to a hearing t0 contest the findings i 8 of fact, conclusions of law and order set forth below. i 9 STIPULATION OF FACTS i 10 1. The Commission has licensed Chuhlantseff since December 1, 1995. Chuhlantseff 1 1 currently holds a Basic Teaching License, with endorsements in Basic Elementary (016) 12 and Basic ESOL (017), valid February 16, 2014, through February 15, 2017. During all 13 relevant times, Chuhlantseff was employed by the Salem-Keizer Public Schools as an 14 elementary school teacher, 15 2. On February 12, 2016, the Commission received information from the Salem-Keizer 16 Public Schools indicating Chuhlantseff may have committed acts which constitute gross 17 neglect of duty. Investigation determined that beginning in July 2015, Chuhlantseff 18 established a personal relationship with a male high school student (ML) who was a 19 friend of Chuhlantseffs family and attended school in the Salem-Keizer Public Schools 20 District. In December 2015, after ML was 18 years old, Chuhlantseff and ML engaged in 21 intimate text message communications and other conduct of a sexual nature, which were 22 later confirmed by a law enforcement investigation. N o criminal charges were filed due 23 to ML being an adult and the conduct being consensual. Chuhlantseff later resigned her 24 teaching position. 25 / / / 26 / / / Page 2 STIPULATION OF FACTS AND FINAL ORDER OF SURENDER AND REVOCATION- DANIELA CHUHLANTSEFF 1 rr IS TIPU -, / ED: / 2 . DJ z A / ML 3 deChllhI T eff '7' - v v Date 4 420$“ (6Q 2'22 ZM/ Q 73 /é, 5 Monica Beane, Executive Director Date 6 Teacher Standards and Practices Commission 7 CONCLUSION OF LAW 8 Daniela Chuhlantseff engaged in unprofessional conduct as described in section two (2) 9 above. This conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 1O 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment), 1 1 OAR 584-020-0025(2)(e)( Using district lawful and reasonable rules and regulations); OAR 12 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(b)(Refiain from exploiting 13 relationships with any student for personal gain, or in support of persons or issues), OAR 584- 14 020-0035(1)(c)(A) (Not demonstrating or expressing professionally inappropriate interest in a 15 students personal life), OAR 584-020-0035(1)(c)(B) (Not accepting or giving or exchanging 16 romantic or overly personal gifts or notes with a student); OAR 584-020-0035(1)(c)(D) 17 (Honoring appropriate adult boundaries with students in conduct and conversations at all 18 times); and OAR 584-020-oo4o(4)(t) (Any sexual conduct with a student). The Commission 19 may rely on the definitions of sexual conduct in ORS 339.37o(9) and OAR 584-o2o-ooo5(5). 20 The Commissions authority to impose discipline in this matter is based upon ORS 21 342.175. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / Page 3 STlPULATION OF FACTS AND FINAL ORDER OF SURENDER AND REVOCATION— DANIELA CHUHLANTSEFF I 1 ORDER 1 4 2 The Commission adopts the above Sfipulation of Facts and Final Order and accepts 3 Daniela Chuhlantseffs surrender of her Oregon educator license and subsequently revokes her i 4 Oregon educator license based upon the conduct described above. i 5 6 ITISSOORDEREDthis gtl/fldayof iIILMQ ,2016. 7 TEACHER STANDARDS AND PRACTICES COMMISSION 8 ., , 7 9 By: MM‘ 1O Monica Beane, Executive Director I I Page 4 STIPULATION OF FACTS AND FINAL ORDER OF SURENDER AND REVOCATION- DANIELA CHUHLANTSEFF CERTIFICATE OF MAILING l HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Surrender and Revocation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail — Return Receipt Requested, addressed to: Daniela Chuhlantseff 1655 40‘h Ave NW Salem, OR 97304-1502 DATED this "' l " day ofJuly, 2016. By' 7 = 7/3‘ 1 é/ .,_/ Patty Sheldon Investigative Assistant Cenificate of Mailing — DANIELA CHUHLANTSEFF v Data Classification Level: l i Puinshed DO: Sheldon