OAR 584-019-0100: Procedures for an Investigation of a Sexual Conduct Report

(1) For the purpose of this rule, the following definitions apply: (a) “Commission Licensee” means a person whom the Teacher Standards and Practices Commission has the authority to investigate or discipline because the person: (A) Is enrolled in an approved educator preparation program; (B) Is an applicant for a Teacher Standards and Practices Commission license or registration; (C) Holds a license, registration, or certificate issued by the Teacher Standards and Practices Commission; or (D) Has held a license or registration issued by the Teacher Standards and Practices Commission at any time during the previous five years. (b) “Law Enforcement Agency” has the meaning given that term in ORS 419B.005. (c) "Sexual Conduct" means any conduct defined by ORS 339.370(12). (2) The TSPC Executive Director or agency designee determines whether a compliant or report received by TSPC is to be investigated as a ‘Sexual Conduct Investigation’ under ORS 339.390, or is to be investigated as a ‘Preliminary Investigation’ under ORS 342.176. This determination is made based upon: (a) Information made available to TSPC through the initial received complaint or report; and (b) Information obtained by TSPC after receiving the initial complaint or report. (c) TSPC may designate an active TSPC investigation as a ‘Sexual Conduct Investigation’ at any point in the investigation process when information obtained or received by TSPC indicates the alleged conduct meets the definition of ‘Sexual Conduct’. (3) Persons or entities authorized to receive copies of commission investigation documentation, materials, or reports under ORS 339.390(7) shall submit a formal written request to the agency Executive Director or agency designee requesting copies of the requested materials. (a) Law enforcement agencies and other state entities who receive commission investigation documents, materials, and reports shall maintain the confidentiality of the documents, materials, and reports in accordance with ORS 339.390(7). (b) Commission Licensees who violate the confidentiality established by ORS 339.390(7) are subject to sanctions on the licensee’s TSPC-issued professional license. (c) A completed Sexual Conduct Investigation report shall not be made available under ORS 339.390(7) unless it has been previously reviewed by the TSPC Commission. (d) TSPC shall redact the Executive Director’s recommendation from a Sexual Conduct Investigation report made available under this rule.