The Professional
Practices unit within the Teachers Standards and Practices Commission (TSPC) is
responsible for regulating the standards for competent and ethical performance
of Oregon educators. The unit is comprised of a Director of Professional
Practices, as well as multiple Legal Liaisons, investigators, and investigative
assistants.
According to ORS
342.176 TSPC 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;
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.
When a complaint
or allegation is received in our office, it is assigned to an investigator
according to geographical location. The investigator then prioritizes their
caseload according to the severity of the allegation. All violations of the Oregon Administrative Rule (OAR) for Competent and Ethical
Performance of Oregon Educators are important; however, our number
one priority is to protect the children. Therefore, cases such as sexual abuse,
boundary issues i.e. inappropriate comments, text messages and social
networking, and assault i.e. using excessive force against a child, take
priority over violations of other standards.
Once the caseload
has been prioritized, the investigator completes a thorough investigation by
subpoenaing any necessary documents related to the case, interviewing witnesses
and interviewing the educator whom the allegation is made against. All
investigation material is confidential. If an educator refuses to participate
in the interview process, they can be charged in accordance with OAR
584-020-0040(4)(p) which states: Subject to the exercise of any legal right or privilege, failure or refusal by an educator under investigation to respond to requests for information, to furnish documents or to participate in interviews with a Commission representative relating to a Commission investigation may be
charged with gross neglect of duty. This charge can result in a sanction
against the educator's license.
After all the
information is gathered, an unbiased report of the facts surrounding the
allegations is written for the Commission to review. The case is then prepared
for presentation to the Commissioners. Both the investigation report and the
exhibits are uploaded in batches to a secure website prior to the Commission
meeting. The Commissioners then review the cases so they can make a final
determination during the Executive Session of the Commission meeting.
The Commission
holds executive (non-public) sessions on the following matters:
1. receiving and
discussing preliminary investigation reports on complaints and charges against
licensed educators
2. taking action
to dismiss the complaint or to charge the educator
3. deliberating
the hearing record in disciplinary proceedings
4. consulting
with counsel regarding litigation likely to be filed under ORS 192.660(2)(h)
and; regarding privileged consultation regarding other legal matters under ORS
192.660(2)(f)
Adoption of an
order resulting from a hearing must be done in a public session. See ORS
192.660(2)(b) and ORS 342.175 to 342.190.
If the
Commissioners decide to take no further action on a case, then the case is
dismissed and all information remains confidential. All parties involved in the
case are then notified that no further action will be taken. An exception to this confidentiality exists within ORS339.390 where the Commission is required to share investigation information related to Sexual Conduct by the educator with listed stakeholders and 3rd parties. If an educator is
charged with misconduct, the Commissioners decide what the sanction will be at the Commission meeting. A notice is then
sent to all parties involved that the educator is being charged with
misconduct.
Once all parties
have been notified, A Notice of Opportunity for Hearing (NOH) is prepared and
sent to the educator who is being charged. The educator has 21 days from the
date this notice is mailed to respond with a request for a hearing. If the
Commission does not receive a response within 21 days, a Default Order is taken
and the educator is sanctioned. However, the educator and/or attorney has the
option of working with the Legal Liaison during this time to settle their case,
this results in some type of Proposed Order, whether it's an Informal Letter
of Reproval or a Stipulated Order.
If the educator
requests a hearing after receiving the Notice of Opportunity for Hearing and a
settlement can't be reached, a notice is sent to the Office of Administrative
Hearings and a hearing is scheduled. The hearing is private unless the
educator requests that it be public. The agency is represented by the DOJ
Counsel and an agency Legal Liaison. The educator is most often represented
by an attorney, but not always. The agency (TSPC) presents its case and the
educator presents their defense. Following the hearing, the Administrative Law
Judge (ALJ) who conducted the hearing, writes a proposed order for the
Commission’s consideration. The Commission is not required to
accept the proposed order, but there are strict legal procedures that must be
followed if the Commission proposes to reject the ALJ’s proposed order.