OAR 584-020-0000
Application of Rules
(1)
Oregon Administrative Rules 584-020-0005 (Definitions) through 584-020-0045 (Factors for Imposing Disciplinary Sanctions) were adopted by the Teacher Standards and Practices Commission in accordance with Oregon Revised Statute 342.175 (Grounds for discipline)(5).(2)
OAR 584-020-0005 (Definitions) through 584-020-0045 (Factors for Imposing Disciplinary Sanctions) 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 (Definitions for chapter) to 342.200 (Administrative licenses based on professional skills and experience), 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 (Complaint process).(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 (Issuance of licenses and registrations);(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 (Grounds for discipline); or(c)
Discipline for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553 (Discipline for resigning without providing required notice).(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(b)
Except in cases alleging sexual conduct as defined in ORS 339.370 (Definitions for ORS 339.370 to 339.400)(11), 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.
Source:
Rule 584-020-0000 — Application of Rules, https://secure.sos.state.or.us/oard/view.action?ruleNumber=584-020-0000
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