Or. Admin. Code § 584-020-0000 - Application of Rules
(1) Oregon Administrative Rules 584-020-0005 through 584-020-0045 were adopted by the Teacher Standards and Practices
Commission in accordance with Oregon Revised Statute 342.175(5).
(2) OAR 584-020-0005 through 584-020-0045 may
be used as criteria by the Teacher Standards and Practices Commission in
matters pertaining to the revocation or suspension of licenses or registrations
issued by the Commission under ORS
342.120 to
342.200, or the discipline of
any license or registration holder or any person who has held a license or
registration at any time within five years prior to issuance of the notice of
charges under ORS 342.176.
(3) The Commission determines whether an
educator's performance is ethical or competent in light of all the facts and
circumstances surrounding the educator's performance as a whole.
(4) The Commission directs the Executive
Director to promptly undertake an investigation upon receipt of complaints,
reports or information that may constitute grounds for:
(a) Refusal to issue a license or
registration, as provided under ORS
342.143;
(b) Suspension or revocation of a license or
registration, discipline of a person holding a license or registration, or
suspension or revocation of the right to apply for a license or registration,
as provided under ORS
342.175; or
(c) Discipline for failure to provide
appropriate notice prior to resignation, as provided under ORS
342.553.
(5) Notwithstanding subsection (4), the
Executive Director may delay investigating an educator against whom a complaint
has been filed under ORS
342.176 if:
(a) The investigation report, public
complaint form, or other information indicates the complaint is filed:
(A) By a member of the public; and
(B) Against an educator who is employed in a
public school district; and
(C)
Does not allege sexual conduct as defined in ORS
339.370(12),
and
(D) Prior to the Commission
receiving verification that attempts were made to resolve the complaint through
the complaint process of the employing school district. After the receipt of
sufficient verification, the Executive Director must undertake an investigation
pursuant to subsection (4).
(b) Except in cases alleging sexual conduct
as defined in ORS 339.370(12),
the investigation report or other information indicates that disciplinary
action against the educator is pending at the local district level;
or
(c) Criminal charges are pending
or are likely to be filed against the educator.
(6) In considering whether to delay an
investigation or defer recommending action to charge an educator, the Executive
Director will consider all relevant circumstances including the nature and
seriousness of the allegations and whether the educator is currently employed
in the public schools.
(7) The
Executive Director will regularly inform the Commission of the status of any
complaints, reports or information of misconduct on which the Executive
Director has deferred action.
(8)
When the Teacher Standards and Practices Commission receives a report of
suspected sexual conduct, as defined in ORS
339.370(11),
that may have been committed by a licensed school employee, the commission
shall immediately initiate an investigation.
(a) An investigation and final determination
related to a report received under this subsection shall be completed and
notification of the final determination shall be made to the education provider
within 90 calendar days following the date on which the report was filed with
the commission.
(b) The prescribed
timeline for an investigation and final determination may be extended if, for
good cause, a longer period of time is necessary.
Notes
Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.175 - 342.190 & Chapter 618, Oregon Laws 2019
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.