Redlands Uni?ed Soho 01.. li-i-istriet Huma? Remy-ES PO. Box 3008 I Rediaods, California 92373-1508 (909) 307?5300 June 8, 2012 NOTICE or UNPROFESSIONAL comucrrossomiro CALIFG _i . -- nurseriessenasacrloa449.33.. Kevin Kirkland 5513 Cheyenne Court Etiwanda, CA 91739 Dear Mr. Kirkland: You are hereby given notice that your conduct as a certi?cated employee of the Rediands Uni?ed School District has been unprofessional. Pursuant to Education Code section 44938, the District has determined that your conduct as a teacher falls short of established standards. You are formally directed to correct your de?ciencies as set forth below within forty??ve (45) days of your receipt of this notice Failure to correct these de?ciencies may result in disciplinary action, up to and including dismissal. SPECIFIC ACTS OR 1. On or about April 30, 2012, you made inappropriate comments to a female smdent (?Student?) leading her to infer that you wanted to take her to Palm Springs While your wife was away in Boston. After telling Student your wife was out of town, you asked for Student?s phone number. Your comments and your request for Student?s phone number made her feel very uncomfortable. Refer to Incident Report dated May I 7, 2012, attached as Exhibit A. 2. On or about April 30: 2012, at around 8:30 and 9:00 you sent at least two text messages to Student telling her you were going to be absent on May 2, ZOEZ, and that you would he going to ?Palm Springs or somewhere very soon! Gotta get away.? Student was suspicious of your intentions because you texted her late at night after telling her that your wife was out of town earlier that day. Ra?s-r tofcwarded text messages attached collectively as Exhibit B. RUSD 000743 Kati-W: 3. On or about May 1, 2012, at around 8:10 am, you septa text message to Student telling her that-atheie was a change of plans and that you wonldbe leaving; soliQol period on May I, 2012. Your text messages about your plans coupled with year announcement that your wife was out of town led the Student to infer you wanted her to join you. Re?er to forwarded text message attached as Exhibit C. 4. On or about May it}, 2012, at around 1:24 p.111, you sent an inappropriate text message to Student during class time. Speci?cally, while Student was in your classroom, you sent a text message to her saying, ?The main reason these guys act out so much is they are showing off for are all amazed at you.? Your text message made the female student feel uneasy about your comnnroications with her. Refer to Exhibit A. Refer also to forwarded text message attached as Exhibit D. 5. On or about May 16, 2012, at around 12:30 you sent an mappropriate text message to Student in which you inappropriately divulged con?dential student information. Speci?cally, you sent a text message saying, ?So quiet today, no .. .haha. He was suspended for some inappropriate drawing. .you can guess.? Your text message violated state and federal privacy laws which prohibit sharing information about student discipline with individuals who have no need to know such information. Refer to forwarded text message attached as Exhibit E. 6. On or about May 17, 2012, at around 12:40 pm, you sent an inappropriate text message to Student during class time, saying, really miss you when you are not here. You keep me sane!? Student felt like your message ?crossed the line? and told her mother about your inappropriate text messages. She also told her mother that she no longer felt comfortable in your class. Refer to ErhibirA. Refer also tofomorded text message attached as Exhibit Your misconduct as identi?ed above is highly unprofessional and contrary to District expectations that our sta?? create and maintain a safe and effective looming environment for our students; Your inappropriate communications with a female student made the student feel uncomfortable in your classroom. Further, your inappropriate messages to the student made her feel that if she signaled interest in you that you would have tried to take the relationship further. Your misconduct calls into question your professional judgment. The District is providing you a ?nal opportunity to display the professionalism and proper conduct that will allow you to continue and succeed in your career as a certi?cated employee of the District. scan or assistance. In order to cure the noted de?ciencies you are hereby directed to follow all administrative directives, including but not limited to: . 1. Conduct yourself in an appropriate and professional manner at all times. At a minimum, you must treat your snidents with fairness, respect, consideration and dignity. You shall RUSD 000744 endeavor at all times to avoid any circumstance which may give rise to the appearance of improper behavior. 2. Cease and desist from inappropriate communications and conduct with or about students, including but not limited to any comments containing romantic messages, sexual references or innuendos. You shall avoid any overly personal communications which do not re?ect your observance of the proper teacherwstudent boundaries. This directive applies before, during, and after duty hours. 3., Cease and desist ?om talking to female students about how you think male students perceive them. 4.: Cease and desist ??oni telling female students when your wife is out of town. 5. Cease and desist horn sharing confidential student information with anyone other than an administrator, counselor, teacher, or parent who has a need or a right to know the information. 6.: Avoid any situation that may cause any student to feel uncomfortable. It is your responsibility to ensure that all students are safe, secure, and comfortable in the learning environment in your classroom. 7. Immediately assume the proper role of teacher, leader and educator to your students. You are speci?cally directed to discontinue any teaching style in which you have assumed or established the role of friend, peer, buddy, or other such inappropriate relationship with your students. The District can provide you with guidance in establishing and maintaining proper teacher?solders; boundaries. 8. You shall not retaliate in any manner against any student, parent, or co?worker who ?led any complaint or participated in the investigation of any allegation against you. This speci?cally includes any identi?cation or singling out of any student who gave a statement in this matter. You shall not discuss this matter with any complainant, parent,_ or student. You shall not discuss this matter with any District employee other than your supervisor(s) and your association representativds). Any violations of this directive shall be dealt with as separate misconduct to the greatest extent possible under the District?s anti?retaliation policies and practices. 9: Attend and participate in any harassment, sensitivity, or other training suggested by site or District admhiistrators. IO. Always comply udth any suggestion or directive given to you by your Principal or other District administrators to assist you in correcting the above-mentioned de?ciencies. If you have any questions with any such directives, you must immediately contact your Principal for assistance. This Plan of Assistance shall be effective upon issuance of this notice, and you are directed to correct your performance during the ensuing forty-?ve (45) day period. During this period, your conduct will be monitored by site and/or District administrators. Alia! that time, i or my RUSD 000745 designee will conduct a ?nal review of your performance in the speci?ed areas and may discuss these conclusions with you as necessary. I or my designee may follow this review with a recommendation stating whether, in our judgment, you have made suf?cient improvement. The degree of your participation, interest, and cooperation in this plan will affect our determination of whether substantial improvement has been made within the operative period of this plan. Following the completion of this period, you are ?nther directed to maintain compliance with the directives contained in this letter at all times in the future. Additionally, you are expected to comply with all other directives given to you by your superiors to assist you in overcoming the above-mentioned de?ciencies. You may, and are encouraged to, engage in other methods of improvement. However, you shall speci?cally perform the methods described above unless written approval is ?rst obtained from me or my designee. If the de?ciencies described in this letter are not corrected, the Board of Education may institute disciplinary action against you, up to and including dismissal. A copy of your most recent written evaluation is enclosed herewith as required by Education Code section 44938. A copy of section 44938 is also attached for your information and reference. Ifyou have any questions regarding this Nd?cecit?nprof?ssiongi Condiiht or if you would like to discuss your employment status with the'District, please contact my office. A copy of this notice will be placed in your personnel ?le after ten (10) working days ?oln the date of this notice. You may respond pursuant to Education Code section 44031, and your response, if any, will be placed in your personnel ?ie along with this Notice. 'Sab inc Roberts (in-Phillips Assistant Superintendent, Human Resources Enclosures: Education Code sections 44938 and 44031 Performance Evaluation Exhibits A - RUSD 000746 'if' EDUCATION CODE ?44938. Unprofessicnal conduct or unsatisfactory performance; notice of charges The governing board of any school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days prior to the date of the ?ling, the board or its authorized representative has given the employee against whom the charge is ?led, written notice of the unprofessional conduct, specifying the nature thereof with such speci?c instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. The governing board of any school district shall not act upon any charges of unsatisfactory performance unless it acts in accordance with the provisions of paragraph (1) or (2): (I) At least 90 calendar days prior to the date of the ?ling, the board or its authorized representative has given the employee against whom the charge is ?led, written notice of the unsatisfactory performance, specifying the nature thereof with such speci?c instances of behavior and with such particularity as to furnish the employee an'opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. (2) The governing bond may act dining the time period composed of the last one-fourth of the schooldays it has scheduled for purposes of computing apportionments in any fiscal year if prior to the beginning of that time period, the board or its authorized representative has given the employee against whom the charge is ?led, written notice of the unsatisfactory perfonnance, specifying the nature thereof with such speci?c instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The mitten notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. (0) "Unsatisfactory performance" as used in this section means, and refers only to, the unsatisfactory performance particularly speci?ed as a cause for dismissal in Section 44932 and does not include any other cause for dismissal speci?ed in Section 44932. "Unprofessional conduct" as used in this section means, and refers to, the unprofessional conduct particularly speci?ed as a cause for dismissal or suspension in Sections 44932 and 44933 and does not include any other cause for dismissal speci?ed in Section 44932. RUSD 000747 44631. Personnel file contents and inspection Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code. (13) In addition to subdivision all of the following shall apply to an employee of a school district: (I) summonses semesters semeshalliiet eel?tees persoonei? records: unless and until use employee is gisfeo is; messes:- on that shall hears: the right. to: exitef; __aiid Het'e eipjiehedaito any derogatory statement, his or her own ?comments. The review shall take place during normal business hours and the employee shall be released from duties for this purpose without solely reduction. (2) The employee shall not have the right to inspect personnel records at a time when the employee is actually required to render services to the district. (3) Arson-credentialed employee shall have access to his or her numerical scores obtained as a result of a written examination. Exceptas emptied is sha?c?k?ean smelbiieete remewra?ngereponsorreoozds that (so were obtained in connection with a promOlional examination. RUSD 000748 To whom it may cement, lam writing you this lemma both summarize our conversation on 5/18/2015 and'm suggest at least a temporary solution mrihe problem at hand. it is my firm belief that-is being bullied at school by both-- and herfriend- It isalso my beliettiattmse are being in their action bythesupponof primarily Mr. Kirkland and to a Iesserdeg'ee Mrs. Farina. We have that Ml: Kirkland has developed a spetlal with -. - herself has mentioned to me that Mr. Kirkland Mk her out af schaol no go to lunch on several occasians and that no went to the Hospital tosee tier when shewas hospitalized. ltis my mnoem that -- using this special relationship a: influencc Mr, Klddand in her current dispute with i would sugatthat Mr. Kirkland and Mrs. Farina truly eliminate tl'telr influenoe in this dispute. This could In part he achieved by not having anyofdle girlsviaitwith Mr. Kind-pd or Mrs. Farina outside oiclast time. this would Include time spent before class, durlre the noon hour or between cusses. lifor educallonal purposes it is necessary fertile girls to talk with eltllemeadler I would sage: miter adult be in the classroom as both teacherslmigement alone is in audition. Finally, I would sum that imi- Mr. Kirkland and Mrs. Farina Inologize to funny priur misunderstanding dummy might have had. I mudi me andsimemlv hopematyou un help - _in this nutter. Please do nut hesitate to call. p96 RUSD 002238 Kate Pearne From: Gayle Dockham Sent Wednesday, April 27, 2016 12:53 PM To: Kam Peame Subject: FW: Kevin K'ldtland Attachments: UnfiflEdPDF Adobe Acrobat Pro,de (341W 9% nest Principal High School 9w; 307.5500 x30103 RHS class af 1535 From Gayle Duckharn Sent: Wednesday, May 20, 2015 11:03 AM To: chrlemra Rivera Subject: Kevin Kirkland oh Manday, May 18, 2015 approximately 3:55pm, i returned a phone to --, the parent of RHS student, -- During the phone call, she shared concerns regarding herdaughter and two students Further, the Exprased a cancem that possibly two RHS teachers, Ms, tarlna and Mr, Kirkland, were perpetuating the situation. On Tuesday, May 19, 1015, sometime in the i received a letter from which was her attempt to summarize our conversation from the previous day. Later, on May 13, met with Ms. Farina to discuss the parent's concerns that she was allegedly siding with one of the other girls; Ms. Farina boldly denied the allegation but was very much aware ofthe situation. Further, I attempted to speak with Mr. Kirkland on Tuesday afternoon butwas unable to reach him. On Wednesday morning, May 2a, 2015, Mr, Kirkland returned my phone call and advised him of allegations, Specifically, that "he had developed a special relationship with and that herself has mentioned to me that Mr. Kirkland took her out of school to go to lunch on several occasions and that he went to the Hospital lsicl to see hervvhen she was hospitalized.~ At that po t, he disclosed that, yes, he had gone to the hospital to visit --when she but so did atlhe sametlmer Further, he stated that during the lunch period lsometirne in mldeepril 2015), that prohahly shuuld not have," He told me that on that day he had about five students hanging out in his room at lunch and the tonir olMchonald's and ripped Ice cream cones came up. ihe conversation morphed into him nfferl'ng to any dipped cones tor the five students According to Mr. Kirkland, hethen toehtwo otthelemalestudenrs thaughuwa was hetlerthantaking one alone") ln his personal car, during the school lunch period, to the local McDonald's to purchase six dipped ice cream cones At that point in the. conversation, I advised him that ~ralrine zero students" would have been better than taking any. He agreed that it was an error in Judgment but then said that he couldn't have carried six dipped cones by himselr, Also, in the same conversation, he admitted to taking money students to buy them fastnfund nit mmpus when he RUSD 000738 goes off campus to purchase lunch for himself {he denied hav?ng taken any students off campus with him in those instances}. At the end of the conversation, he advised me that, due to the persistent ?drama? between the three students, that he was no longer e?ewing ANY students into his room a: Eunch. I aise advised him that he is net to take students off campus EVER without parent permission; he agreed. 93% A332. Principal Redlamds High Schoei 9093075500 2:39.103 From: Katie Ridgeway Sent: Tuesday, May 19, 2015 11:33 AM To: Gayle Dockham Subject: Fw: ?arent Letter From: Margaret Robinson Sent: Tuesday, May 19, 2915 11:13 AM Te: Katie Ridgeway Subject: Parent Letter Here you go. RUSD 000739 Sab eRobeflson--Ph ES From: Chiistina Rivera Sent: Wed nsday, May 20, 2015 11:26 AM To: Sabine Robertsuanhillips Subiect: FW: Kevin Kirkland Attachments UntitledPDF . Adobe Acrobat Sabine i cannot remember the technical term for the discipline given Kevin Kirkland - the three month don't do anything or you are fiYEli He has made anotheren'cr in iudgrnenl. Given his history, lam not suie of the next step. would be easier without his Paragrawii 3 below is what you really need to lead. let me knuw mv next Step. Can't walL noon Gayle oodthain Sent: Wednsday, May 2015 11:03 AM Yo: Christina Riven Subject: Kevin On Monday, May 18 1015 approximately 3:55pm, i returned a phone to the parent of RHS student --. During the phone call, she shared concerns regarding herdaughter and two otheriernaie students. Further, she expressed a concern that two RIIS teachers, Ms. Farina and Mr. Kirkland, were perpetuating the situation. On Tuesday, May 19, 2015, sometime in the morning, i received a letter from --, which was her attempt to summarize our conversation from the previous day. Later, on May 19, i met with Ms. Farilia lo discuss the parent's concerns that shewas allegedly siding with one ofthe other girls; Ms, Farina boldly denied the allegation out was very much aware orthe situation. Further, I attempted to speak with Mr. Klikland on Tuesday afternoon out was unalile to reach hint On Wednesday momlng, May 20, 1015, Mr. Kirkland returned my phone call and I advised him oi allegations. Specificaliy, she alleged that "he had developed a special relationship with - and that - herseli has mentioned to me that Mr. Kirkland took her out ofschooi to go to lunch on several ooiasions and that he went to the Hospital (sic) to see her when she was hospitalized." At that ooint, he disciasai that, yes, he had gone to the hospital to visit when she out so did --, at the same time. Further, he stated thatdurlng the lunch period (sometime In mid-April 1015), "i did something that I pro haoiy should not have." He told me that on that day he had aoout five students hanging out in his room at lunch and the topic of McDonald's and dipped ice cream cones mine up. The conversation morphed into him offering to huy dipped cones for the five students. According to Mr, he then took two ofthe iemale students thought two hos better than taking one alone") in his personal car, during the school lunch period, to the local McDonald's to purchase six dipped ice cream cones. At that point in the oonversation, I advised him that 'taking zero students' would have been henerthah taking any. He agreed that it was an errorin judgment but then said that he couldn't have carried six dipped cones by himseli. Also, in the same conversation, he admitted to taking money from students to buy them fast-food alt campus when he goes oitcamous to purchase lunch for himself (he denied having taken any students otrcamous with him in those Instances). At the end ofthe cnnverEtiun, he advised me that, due to the persistent "drama" between til: three students, that he was no longeraliowingANV students into his room at lunch. i also advised him that he is not to take students focampus EVER without parent permission; he agreed. RUSD 002239 We fDac??mn Asst. Principal Redlands High School 90930175500 X30103 http://rhsredlandsusdnet/ From: Katie Ridgeway Sent: Tuesday, May 19, 2015 11:33 AM To: Gayle Dockham Subject: FW: Parent Letter From: Margaret Robinson Sent: Tuesday, May 19, 2015 11:13 AM To: Katie Ridgeway Subject: Parent Letter Here you go. RUSD 002240 Redlandjs High School: Memo To: Kevin Kirkland From: Christina Rivera, Principal, RHS Date: June 9, 2015 Re: Conference Summary Re: Taking Students To Get Ice Cream I met with you on June 3, 2015, regarding your actions in mud?April when you took students to get ice cream at McDonald?s. This memo is a summary of what we discussed. During the lunch period sometime in mid ??April, the topic of McDonald?s dipped ice cream was discussed among you and the ?ve students who were in your classroom attire time. You o?ered to buy each of the students a dipped cone. As you could not carry all the cones by yourself, you allowed or asked two of the smdents to go with you. The two female smdents Went with you in your car to pick up the cones at Mc Donald?s which is about a block away horn the Redlands High School. It was a quick trip and die three of you brought cones back to the other students. Your conduct violated district policy, as it mandates that all employees get prior permission for all ?eldu?ips. Students must have parent permission for ?eld trips and that the ?eld trip paperwork must be approved by the principal and the district. Because this was not a planned, nor school related ?eldtrip, you did not attempt to get permission from parents, nor the school and district. District policy also mandates that anytime a student rides in a car with an employee, for any school related trip, the employee must ?ll out the School Driver Certi?cation Form which is approved by the District prior to the trip. The driver of the car must demonstrate that he/she has the appropriate level of personal car insurance to ensure coverage for ?Public Liability and Bodily Injury.? The trip to McDonald?s was not a school related ?eld trip. You had no permission or authority to take the students off campus, nor to transport them in your car. By driving students in your car without prior authorization, your conduct brought into question your professionalism, and could have negatively impacted students if there had been a car accident and a student had been injured. Your conduct also resulted in a parent complaint to administration stating that you were showing favoritism to another student by taking her to get ice cream. Effective immediately, you are directed to always follow school and district policy regarding the nansporting of students. Further, as the issue of proper teacher-student boundaries was discussed with you in a 45?day Notice of Unprofessional Conduct, dated, June 9, 2012, it is absolutely vital that you ensure you establish and maintain proper teacher-student boundaries at all time. Further, you are directed to have school and parent permission for all ?eldtrips. If you do not have written permission, do not transport students. As you are also a Golf Coach, these directives apply to all athletic trips and tramportation as well. If you need to use your personal yehiclefor any trip with RUSD 002241 smdents, you must be certi?ed by the district to transport students. Failure to comply with these directives will result in further discipline. In order to assist you in this area, I reeonmaend you review the school and district?s policies on transporting students and you also review the list of suggestions on ?Tips for Working Smart? that was provide to all staff at the beginning of the year and attached to this memo. This document will be placed in your personnel file after ten (10) calendar days. You may prepare a mitten response which will also be included RUSD 002242