Or. Admin. Code § 259-012-0035 - Student Suspension or Dismissal from a Mandated Training Course
(1) Suspensions.
The Department may immediately suspend a student from a mandated training
course when a situation requires immediate action to preserve the safety or
integrity of the classroom or training venue.
(2) Suspension for a Safety Violation.
(a) The Department will notify the student's
employing agency that the student has been suspended from training due to a
safety violation.
(b) The
suspension will remain in effect until the safety issue has been
resolved.
(c) Once resolved, the
Department may reinstate the student to their current course.
(d) If the safety issue can't be resolved
during the student's current course, the Department, in consultation with the
employing agency, may schedule the reinstatement to occur in a different
course.
(e) Absences resulting from
suspension are unexcused. Coursework and training missed due to a suspension
must be completed or remediated as determined by the Department.
(3) Suspension for a Violation of
the Student Rules and Regulations or the Standards of Student Conduct Defined
in OAR 259-012-0010.
(a) The Department will notify the student's
employing agency that the student has been suspended from training due to a
violation or alleged violation of the Student Rules and Regulations or the
Standards of Student Conduct.
(b)
The suspension will remain in effect until the investigation required pursuant
to section (4) of this rule is complete.
(c) Absences resulting from suspension are
unexcused. Coursework and training missed due to a suspension must be completed
or remediated as determined by the Department.
(4) The Department must complete an
investigation when a student engages in conduct that violates the Student Rules
and Regulations or the Standards of Student Conduct defined in OAR
259-012-0010 or the Department
receives an allegation of a violation.
(a)
Upon initiation of an investigation, the Department will notify the student's
employing agency. The notice of an investigation may be combined with a notice
of suspension.
(b) The
investigation must be completed following the policies or procedures adopted by
the Department for investigating student conduct.
(c) If the Department's investigation does
not sustain any violations, the Department may reinstate the student to their
current course.
(d) If the
Department's investigation results in sustained findings of a violation, the
Department may consider the aggravating and mitigating circumstances and may
impose conditions on the student's reinstatement to training pursuant to
section (6) of this rule, up to and including dismissing the student from the
Academy.
(e) Upon completion of the
investigation, the Department must provide the student and the employing agency
with a copy of the investigation summary and findings. The Department must also
provide the student and the employing agency with a notification regarding any
conditions imposed on the student's reinstatement to training.
(5) Dismissal. The Department may
dismiss a student when an investigation completed pursuant to section (4)
substantiates that the student violated the Student Rules and Regulations or
the Standards of Student Conduct defined in OAR
259-012-0010
.
(a) The Department may dismiss a student from
the Academy regardless of whether the student has already been withdrawn from a
course or separated from their employment.
(b) The Department may impose conditions for
reinstatement to training as defined in section (6) of this rule.
(c) Absences resulting from dismissal are
unexcused. Coursework and training missed due to a dismissal must be completed
or remediated as determined by the Department.
(d) Pursuant to OAR
259-008-0300, dismissal from the
Academy for a violation of the Student Rules and Regulations or Standards of
Student Conduct is subject to discretionary review for denial of training and
certification.
(e) If the student
is dismissed, the Department must forward a copy of the completed investigation
to the Department's professional standards compliance staff within five
business days after the opportunity to appeal the dismissal expires or, if
appealed, the appeal process is completed.
(6) Conditional Reinstatement of Training.
(a) The Department may impose any of the
following conditions for reinstatement to training when a student has been
suspended or dismissed:
(A) The student must
be reinstated to a different course. If a professional standards review is
required under OAR 259-008-0300, the reinstatement
may occur before the review is completed;
(B) The student must wait to be reinstated to
a different course until the professional standards review required under OAR
259-008-0300 has been completed
and the case is either administratively closed or there is no action taken
against the student's training or certification;
(C) The student must complete the mandated
training course in its entirety and will not receive credit for any part of the
mandated training course that was completed by the student prior to the
dismissal; or
(D) Any other
conditions identified by the Department and related to scheduling or completion
of any portion of the mandated training course.
(b) The following factors must be considered
when making the decision to reinstate the student to their current course or a
different course:
(A) Whether or not the
amount of coursework and training missed can be completed or remediated during
the student's current course;
(B)
Whether or not the student can be added to another course at a point in the
course schedule that corresponds with the coursework and training that needs to
be completed or remediated;
(C)
Whether or not the effectiveness of the course would be adversely affected by
the length of absence if the student is permitted to complete the missed and
remaining portions of the course without restarting the course;
(D) Whether or not the student or other
students in the course would be adversely affected by reinstating the student
to their current course; and
(E)
Any other factors that affect the student's reinstatement or the Department's
delivery of the course.
(c) When reinstating a student to a different
course, the Department may coordinate with the employing agency to schedule
which course the student will be reinstated to.
(d) A person is not eligible for
reinstatement to training if they are no longer employed.
(7) Appealing a Dismissal.
(a) The student may appeal the dismissal by
submitting a written request to the Director within three business days from
the date of dismissal.
(b) The
Director must schedule a meeting with the student to consider the request for
appeal. The meeting must occur within three business days from receipt of the
request to appeal.
(c) The meeting
may be conducted in person or remotely, but it must be recorded and include the
following individuals:
(A) The
Director;
(B) A second Department
representative;
(C) The student;
and
(D) If the student chooses, no
more than two personal representatives. Examples of personal representatives
include, but are not limited to, members of the employing agency or legal
representatives.
(d) The
student may submit mitigation or new evidence in writing before or during the
meeting, verbally during the meeting, or both.
(e) The Director must decide the outcome of
the appeal within three business days after the meeting. After considering the
sustained violations and any aggravating and mitigating circumstances, the
Director may:
(A) Conduct or request
additional investigation before making a decision;
(B) Uphold the dismissal and uphold the
conditions for reinstatement as determined by the Department;
(C) Uphold the dismissal and modify the
conditions for reinstatement; or
(D) Reverse the dismissal back to suspension
and uphold or modify the conditions for reinstatement.
(f) The Director's decision is final and
unappealable.
(g) The Director may
appoint a designee for any portion of the appeal process.
(h) The Director or the appointed designee
may approve an extension of time to complete any step of the appeal
process.
Notes
Statutory/Other Authority: ORS 181A.410
Statutes/Other Implemented: ORS 181A.410
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