Redlands Unified School District Human Resources PD. Box 3008 - 92373--1508 <<901030775300 June 8, 2012 NOTICE OF UNPROFESSIONAL CONDUCT PURSUANT TO CALIFORNIA EJUCATION CODE SECTION 44938 Kbvin Kirkland -- Bdwanda, CA 9x739 Dear Mr. Kirkland: You are hereby givm muse that your conduct as a certificated employee 0f m: Rediands Unified School Dimict has been unprofessional. Pursuant to Education Gods section 4493s, the District has devermined that you! conduct as a teacher falls short of established standards You as: directed to mm your deficiencies as below within forty-five (45) days of your receipt of this amiss Failure to correct these deficianu'es my result in disciplinary action, up and including dismissaL SPECIFIC ACTS 0R On or about April 30, 2012, you made inappropriate comments on a female swam ("Studcnf') leading her to infer am you muted to be: (0 Palm Springs while your wife was away in Eosmu. Afim- telling Student your wife was out of town, you asked for phone number. Your cumulan and yam request for Student's phone number mad: her feel very uncomfomhle. Refer :0 1mm: Report Mama 1 7, 2012' attached as Exhibit A. 2. On or about April 30: 2012, a: amund 8:30 and 9:00 pm, you sent a: least two text messages Sludent telling hm- yau wens going so be absent an May 2, 2012, and um you would be going 10 "Palm Springs or very soon! Gotta get away." Student was suspicious of your inventions because you lexth her law at night after telling her that your wife was out of town earlier that day. Rq'er to forwarded rm messages attached collectively as Exhibit B. RUSD 000743 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 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