ORS 342.176
Complaint process
- preliminary investigation
- materials confidential
- notice
(1)
Intentionally left blank —Ed.(a)
A person may file a complaint with the Teacher Standards and Practices Commission regarding a commission licensee. If a complaint concerns an allegation of sexual conduct that may have been committed by a commission licensee, the complaint process provided by this section does not apply and the commission shall investigate the complaint as provided by ORS 339.390 (Investigations by Teacher Standards and Practices Commission of persons who are commission licensees).(b)
Prior to beginning an investigation based on a complaint filed under paragraph (a) of this subsection, the commission may require verification that attempts were made to resolve the complaint through the complaint process of the school district that employs the person against whom the complaint was filed.(c)
After receiving sufficient verification as provided by paragraph (b) of this subsection, the commission shall promptly undertake an investigation upon receipt of a complaint 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 commission licensee, 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).(2)
The commission may appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct the investigation, and the investigator is empowered to issue subpoenas to require the attendance of witnesses or the production of documents over the signature of the executive director of the Teacher Standards and Practices Commission, subpoena witnesses over the signature of the executive director, swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (Subpoenas in contested cases) (2).(3)
Following completion of the investigation, the executive director or the executive director’s designee shall report in writing any findings and recommendations to:(a)
The commission, meeting in executive session, at its next regular meeting following completion of the investigation; and(b)
The person against whom the charge is made, following consideration by the commission.(4)
Intentionally left blank —Ed.(a)
Except as provided in paragraph (b) of this subsection, the documents and materials used in the investigation undertaken as provided by this section and the report related to the investigation are confidential and not subject to public inspection unless the commission makes a final determination to:(A)
Refuse to issue a license or registration, as provided under ORS 342.143 (Issuance of licenses and registrations);(B)
Suspend or revoke a license or registration, discipline a commission licensee, or suspend or revoke the right to apply for a license or registration, as provided under ORS 342.175 (Grounds for discipline); or(C)
Discipline a person for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553 (Discipline for resigning without providing required notice).(b)
Records made available to the commission under ORS 419B.035 (Confidentiality of records) (1)(h) shall be kept confidential.(5)
If the commission finds from the report that there is sufficient cause to justify holding a hearing under ORS 342.177 (Hearing and decision on charges), the commission shall notify in writing:(a)
The person charged, enclosing a statement of the charges and a notice of opportunity for hearing;(b)
The complainant; and(c)
The employing district or public charter school, if any.(6)
If the commission finds from the report that there is not sufficient cause to justify holding a hearing under ORS 342.177 (Hearing and decision on charges), the commission shall notify in writing:(a)
The person charged;(b)
The complainant; and(c)
The employing district or public charter school, if any.(7)
Notwithstanding ORS 192.660 (Executive sessions permitted on certain matters) (6), the commission may make its findings under this section in executive session. However, the provisions of ORS 192.660 (Executive sessions permitted on certain matters) (4) apply to the sessions. [1979 c.226 §2; 1987 c.503 §2; 1989 c.149 §1; 1991 c.662 §2; 1997 c.165 §2; 1997 c.594 §2; 2003 c.524 §5; 2007 c.575 §13; 2009 c.393 §2; 2009 c.706 §2; 2015 c.245 §12; 2017 c.406 §3; 2019 c.618 §25; 2021 c.151 §3]
Source:
Section 342.176 — Complaint process; preliminary investigation; materials confidential; notice, https://www.oregonlegislature.gov/bills_laws/ors/ors342.html.
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