Or. Admin. R. 584-019-0100 - Procedures for an Investigation of a Sexual Conduct Report
(1) For the purpose
of this rule, the following definitions apply:
(a) "Commission Licensee" means a person whom
the Teacher Standards and Practices Commission has the authority to investigate
or discipline because the person:
(A) Is
enrolled in an approved educator preparation program;
(B) Is an applicant for a Teacher Standards
and Practices Commission license or registration;
(C) Holds a license, registration, or
certificate issued by the Teacher Standards and Practices Commission;
or
(D) Has held a license or
registration issued by the Teacher Standards and Practices Commission at any
time during the previous five years.
(b) "Law Enforcement Agency" has the meaning
given that term in ORS
419B.005.
(c) "Sexual Conduct" means any conduct
defined by ORS
339.370(11).
(2) The TSPC Executive Director or
agency designee determines whether a compliant or report received by TSPC is to
be investigated as a 'Sexual Conduct Investigation' under ORS 339.390, or is to
be investigated as a 'Preliminary Investigation' under ORS
342.176.
This determination is made based upon:
(a)
Information made available to TSPC through the initial received complaint or
report; and
(b) Information
obtained by TSPC after receiving the initial complaint or report.
(c) TSPC may designate an active TSPC
investigation as a 'Sexual Conduct Investigation' at any point in the
investigation process when information obtained or received by TSPC indicates
the alleged conduct meets the definition of 'Sexual Conduct'.
(3) Persons or entities authorized
to receive copies of commission investigation documentation, materials, or
reports under ORS 339.390(7) shall submit a formal written request to the
agency Executive Director or agency designee requesting copies of the requested
materials.
(a) Law enforcement agencies and
other state entities who receive commission investigation documents, materials,
and reports shall maintain the confidentiality of the documents, materials, and
reports in accordance with ORS 339.390(7).
(b) Commission Licensees who violate the
confidentiality established by ORS 339.390(7) are subject to sanctions on the
licensee's TSPC-issued professional license.
(c) A completed Sexual Conduct Investigation
report shall not be made available under ORS 339.390(7) unless it has been
previously reviewed by the TSPC Commission.
(d) TSPC shall redact the Executive
Director's recommendation from a Sexual Conduct Investigation report made
available under this rule.
Notes
Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.176, ORS 339.390 & Chapter 391, 2021 Oregon Laws
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