Teachers and Other School Personnel

ORS 342.177
Hearing and decision on charges

  • notice

(1)

(a)

Hearings under ORS 339.390 (Investigations by Teacher Standards and Practices Commission of persons who are commission licensees) and 342.176 (Complaint process) shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings).

(b)

Any hearing conducted under this section shall be private unless the person against whom the charge is made requests a public hearing. Students attending school in the employing district may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. Students attending a public charter school that employs the person may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. The person charged shall have the right to be represented by counsel and to present evidence and argument. The evidence must be confined to the charges.

(2)

The Teacher Standards and Practices Commission or the person charged may have subpoenas issued to compel attendance at the hearing. The person charged may have subpoenas issued by an attorney of record subscribed by the signature of the attorney or by the executive director of the Teacher Standards and Practices Commission. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2). The commission or the person charged shall have the right to compel the attendance and obedience of witnesses in the same manner as provided under ORS 183.440 (Subpoenas in contested cases) (2).

(3)

The commission shall render its decision at its next regular meeting following the hearing. If the decision of the commission is that the charge described in ORS 342.175 (Grounds for discipline) (1) has been proven, the commission may take any or all of the following disciplinary action against the person charged:

(a)

Issue a public reprimand.

(b)

Place the person on probation for a period not to exceed four years and subject to such conditions as the commission considers necessary.

(c)

Suspend the license or registration of the teacher or administrator for a period not to exceed one year.

(d)

Revoke the license or registration of the teacher or administrator.

(e)

Revoke the right to apply for a license or registration.

(4)

If the decision of the commission is that the charge is not proven, the commission shall order the charges dismissed.

(5)

The commission shall notify in writing the person charged and the employing district or public charter school of the decision. [1965 c.100 §363; 1965 c.535 §11; 1973 c.228 §2; 1979 c.226 §3; 1989 c.149 §2; 1991 c.662 §3; 1997 c.165 §3; 1999 c.849 §§69,70; 2003 c.75 §33; 2005 c.444 §1; 2007 c.575 §14; 2009 c.706 §3; 2015 c.245 §13; 2019 c.618 §26]
Source

Last accessed
May 30, 2023

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