Or. Admin. Code § 259-012-0035 - [Effective 5/2/2025] Student Suspension or Dismissal from a Mandated Training Course

(1) Student violations and allegations of student violations of the standards of conduct defined in OAR 259-012-0010 will be reviewed and investigated by the Department.

(2) Upon initiation of any investigation involving a potential violation of the standards of conduct, the Department will notify the student's employing agency.

(3) Upon completion of the investigation, the Department will issue a final report. The report will be forwarded to the student and the employing agency.

(4) Suspension. The Department may immediately suspend a student from a mandated training course when a situation requires immediate action to preserve the integrity or safety of the classroom or training venue. The suspension will remain in effect until a review and investigation has been completed pursuant to section (3). The period of suspension will be considered an unexcused absence from the mandated training course.

(5) Dismissal. The Department may dismiss a student upon completion of an investigation pursuant to section (3) that substantiates a violation of the standards of conduct defined in OAR 259-012-0010. The Department may dismiss a student from the Academy regardless of the student's current enrollment or employment status.

(6) Pursuant to OAR 259-008-0300(3)(b)(D), dismissal is conduct subject to discretionary review for denial of training and certification. When a student is dismissed, the Department will open a professional standards case for discretionary review in accordance with the applicable provisions of OAR chapter 259 division 8. The professional standards case review process must be completed to determine the student's eligibility for future training and certification prior to scheduling the student for any additional mandated training.

(7) The student may appeal the dismissal through the Director by submitting a written request within 20 days of the dismissal. The request for appeal may include written mitigation and the student may request to present mitigation to the Director in person.

(8) The Director, or an authorized designee, will review the request for appeal and consider the student's conduct, the facts identified in the final investigation report and any mitigation provided to determine whether to uphold or overturn the dismissal. If the dismissal is upheld, the dismissal is final. If the dismissal is overturned, the Department will close the professional standards case and the student may be scheduled for training. Any course completion or remediation will be scheduled as determined by the Department.

(9) Students who have been dismissed from a mandated training course will not receive credit toward completion of the mandated training course and the Department will not recognize any portion of the mandated training course that was completed by the student prior to the dismissal as satisfying the minimum standards for training and certification.

Notes

Or. Admin. Code § 259-012-0035

PS 1-1983, f. & ef. 12-15-83; PS 1-1985, f. & ef. 4-24-85; PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; Reverted to PS 2-1995, f. & cert. ef. 9-27-95; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; DPSST 4-2004, f. & cert. ef. 4-23-04; DPSST 8-2006(Temp), f. & cert. ef. 6-9-06 thru 12-1-06; DPSST 17-2006, f. & cert. ef. 11-20-06; DPSST 5-2007(Temp), f. & cert. ef. 2-15-07 thru 8-3-07; DPSST 8-2007, f. & cert. ef. 7-30-07; DPSST 50-2018, amend filed 06/22/2018, effective 6/22/2018; DPSST 14-2019, amend filed 12/16/2019, effective 12/16/2019; DPSST 18-2020, amend filed 09/14/2020, effective 9/15/2020; DPSST 9-2024, temporary amend filed 10/24/2024, effective 11/4/2024 through 5/2/2025

Statutory/Other Authority: ORS 181A.410

Statutes/Other Implemented: ORS 181A.410