OAR 584-020-0000: Application of Rules

(1) Oregon Administrative Rules 584-020-0005 through 584-020-0045 were adopted by the Teacher Standards and Practices Commission in accordance with Oregon Revised Statute 342.175(6). (2) OAR 584-020-0005 through 584-020-0045 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 to 342.200, 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. (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; (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. (5) Notwithstanding subsection (4), the Executive Director may delay investigating an educator against whom a complaint has been filed under ORS 342.176 if: (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 (C) Does not allege sexual conduct as defined in ORS 339.370(12), and (D) Prior to the Commission receiving verification that attempts were made to resolve the complaint through the complaint process of the employing school district. After the receipt of sufficient verification, the Executive Director must undertake an investigation pursuant to subsection (4). (b) Except in cases alleging sexual conduct as defined in ORS 339.370(12), 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. (8) When the Teacher Standards and Practices Commission receives a report of suspected sexual conduct, as defined in ORS 339.370(11), that may have been committed by a licensed school employee, the commission shall immediately initiate an investigation. (a) An investigation and final determination related to a report received under this subsection shall be completed and notification of the final determination shall be made to the education provider within 90 calendar days following the date on which the report was filed with the commission. (b) The prescribed timeline for an investigation and final determination may be extended if, for good cause, a longer period of time is necessary.