OAR 584-050-0125: Letters of Informal Reproval

(1) Pursuant to ORS 342.183, the Commission may agree not to pursue disciplinary action against a licensed, registered or certified educator by the Commission and issue a letter of informal reproval if: (a) Following an investigation, the Commission determines that the educator has engaged in misconduct based on standards adopted by the Commission by rule; and (b) The educator agrees to the terms of the letter of informal reproval, including a monitoring period. (2) The Commission may take disciplinary action if the educator fails to comply with the terms of the informal reproval as provided in subsection (5) of this rule. (3) Pursuant to ORS 342.183, the Commission shall: (a) Establish the terms of a monitoring period for the educator to whom the letter is issued; and (b) Notify the employer, if any, of the educator to whom the letter is issued, including any terms of the letter that the employer may need to know to assist the educator in complying with the terms of the letter. (4) A letter of reproval: (a) Is confidential; and (b) May not be posted on an interstate clearinghouse related to educator license sanctions except if disciplinary action is taken as provided in subsection (5) of this rule. (5) If an educator fails to comply with the terms of a letter of informal reproval, the Commission may take disciplinary action against the educator based on one or both of the following: (a) The conduct underlying the letter of informal reproval; or (b) The failure to comply with the terms of the letter of informal reproval. (6) If the Executive Director of the Commission determines that an educator failed to meet the terms of a letter of informal reproval, the Executive Director is authorized to open an investigation into the alleged failure and shall submit the investigation report to the Commission with a recommendation regarding potential sanctions to make a final determination pursuant to ORS 342.176. (7) If the Executive Director of the Commission determines that an educator has met the terms of a letter of informal reproval and has successfully completed the monitoring period, the Executive Director is authorized to terminate the monitoring period and issue a letter dismissing the Informal Letter of Reproval and Monitoring Period. (a) All dismissal letters terminating an Informal Letter of Reproval and monitoring period shall be reported to the Commission at the meeting following the date of the Dismissal Order. (b) The investigation file, record of Informal Letter of Reproval and the dismissal letter are confidential and not subject to public disclosure. (8) The Executive Director shall notify the educator by letter of the dismissal of the informal reproval as provided in subsection (7) of this rule. (9) The Executive Director shall notify the employer, if any, of the educator who was previously notified under subsection (3)(b) of this rule of the dismissal of the informal reproval as provided in subsection (7) of this rule.