Standards For Competent And Ethical Performance Of Oregon Educators

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_500/oar_584/584_020.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DIVISION 20
STANDARDS FOR COMPETENT AND ETHICAL PERFORMANCE OF OREGON EDUCATORS

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(5).
(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 begin the investigation of complaints, reports or information related to educator misconduct under the following conditions:
(a) The Executive Director may delay investigating an educator against whom a complaint has been filed under ORS 342.176 when:
(A) The investigation report or other information indicates that disciplinary action against the educator is pending at the local district level; or
(B) When criminal charges are pending or are likely to be filed against the educator.
(b) 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.
(c) 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.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.175 - 342.190

Hist.: TS 5-1979, f. 12-19-79, ef. 1-1-80; TS 7-1983, f. & ef. 12-14-83; TS 1-1987, f. & ef. 3-3-87; TS 2-1988, f. & cert. ef. 4-7-88; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00; TSPC 7-1999, f. & cert. ef. 10-8-99; TSPC 7-2007, f. & cert. ef. 12-14-07
584-020-0005
Definitions
The following definitions apply to Oregon Administrative Rules 584-020-0000 through 584-020-0045 unless otherwise indicated by context:
(1) "Administrator:" Any educator who holds a valid Oregon Administrative License or registration and who works in a position requiring an administrative license pursuant to OAR 584-005-0005(1).
(2) "Competent:" Discharging required duties as set forth in these rules.
(3) "Educator:" Any licensed or registered, or certified person who is authorized to engage in an instructional program including teaching, counseling, school psychology, administering, and supervising.
(4) "Ethical:" Conforming to the professional standards of conduct set forth in these rules.
(5) "Sexual Conduct:" Any conduct with a student which includes but is not limited to:
(a) The intentional touching of the breast or sexual or other intimate parts of a student;
(b) Causing, encouraging, or permitting a student to touch the breast or sexual or other intimate parts of the educator;
(c) Sexual advances or requests for sexual favors directed towards a student;
(d) Verbal or physical conduct of a sexual nature when directed toward a student or when such conduct has the effect of unreasonably interfering with a student's educational performance or creates an intimidating, hostile or offensive educational environment; or
(e) Verbal or physical conduct which has the effect of unreasonably interfering with a student's educational performance or creates an intimidating, hostile or offensive educational environment.
(6) "Sexual harassment:" Any unwelcome conduct with an individual which includes but is not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(c) Such conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
(7) "Teacher:" Any person who holds a teacher's license as provided in ORS 342.125.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120 & 342.175 - 342.190

Hist.: TS 5-1979, f. 12-29-79, ef. 1-1-80; TS 1-1987, f. & ef. 3-3-87; TS 2-1988, f. & cert. ef. 4-7-88; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 8-1998, f. & cert. ef. 12-9-98; TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00; TSPC 7-1999, f. & cert. ef. 10-8-99; TSPC 7-2007, f. & cert. ef. 12-14-07
584-020-0010
The Competent Educator
The educator demonstrates a commitment to:
(1) Recognize the worth and dignity of all persons and respect for each individual;
(2) Encourage scholarship;
(3) Promote democratic and inclusive citizenship;
(4) Raise educational standards;
(5) Use professional judgment; and
(6) Promote equitable learning opportunities.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.143 & 342.175 - 342.190

Hist.: TS 5-1979, f. 12-19-79, ef. 1-1-80; TSPC 7-2007, f. & cert. ef. 12-14-07
584-020-0015
Curriculum and Instruction
(1) The competent educator measures success by the progress of each student toward realization of personal potential as a worthy and effective citizen. The competent educator stimulates the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of goals as they are appropriate for each individual.
(2) The competent teacher demonstrates:
(a) Use of state and district adopted curriculum and goals;
(b) Skill in setting instructional goals and objectives expressed as learning outcomes;
(c) Use of current subject matter appropriate to the individual needs of students;
(d) Use of students' growth and development patterns to adjust instruction to individual needs consistent with the number of students and amount of time available; and
(e) Skill in the selection and use of teaching techniques conducive to student learning.
(3) The competent administrator demonstrates:
(a) Skill in assisting individual staff members to become more competent educators by complying with federal, state and local laws, rules, and lawful and reasonable district policy and contracts;
(b) Knowledge of curriculum and instruction appropriate to assignment;
(c) Skill in implementing instructional programs through adequate communication with staff; and
(d) Skill in identifying and initiating any needed change which helps each student toward realization of personal learning potential.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.143 & 342.175 - 342.190

Hist.: TS 5-1979, f. 12-19-79, ef. 1-1-80; TS 7-1983, f. & ef. 12-14-83; TSPC 7-2007, f. & cert. ef. 12-14-07
584-020-0020
Supervision and Evaluation
(1) The competent educator is a student of human behavior and uses this knowledge to provide a climate that is conducive to learning and that respects the rights of all persons without discrimination. The competent educator assumes responsibility for the activities planned and conducted through the district's program, and assists colleagues to do the same. The competent educator gathers relevant information and uses it in the planning and evaluation of instructional activities.
(2) The competent teacher demonstrates:
(a) Multiple ways to assess the academic progress of individual students;
(b) Skill in the application of assessment data to assist individual student growth;
(c) Procedures for evaluating curriculum and instructional goals and practices;
(d) Skill in the supervision of students; and
(e) Skill in differentiating instruction.
(3) The competent administrator demonstrates:
(a) Skill in the application of assessment data to provide effective instructional programs;
(b) Skill in the implementation of the district's student evaluation program;
(c) Skill in providing equal opportunity for all students and staff; and
(d) Skill in the use of employee and leadership techniques appropriate to the assignment and according to well established standards which ensure due process for the staff for which the administrator is responsible for evaluating.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.143 & 342.175 - 342.190

Hist.: TS 5-1979, f. 12-19-79, ef. 1-1-80; TS 7-1983, f. & ef. 12-14-83; TSPC 7-2007, f. & cert. ef. 12-14-07
584-020-0025
Management Skills
(1) The competent educator is a person who understands students and is able to relate to them in constructive and culturally competent ways. The competent educator establishes and maintains good rapport. The competent educator maintains and uses records as required, and as needed to assist the growth of students.
(2) The competent teacher demonstrates skills in:
(a) Establishing and maintaining classroom management that is conducive to learning;
(b) Using and maintaining district property, equipment, and materials appropriately;
(c) Using and maintaining student records as required by federal and state law and district policies and procedures;
(d) Using district and school business and financial procedures; and
(e) Using district lawful and reasonable rules and regulations.
(3) The competent administrator demonstrates:
(a) Leadership skills in managing the school, its students, staff, and programs as required by lawful and reasonable district policies, rules, and regulations, state and federal laws and regulations, and other programs as assigned, and assures that staff is informed of these requirements; and
(b) Skills in planning and staff assignment.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.143 & 342.175 - 342.190

Hist.: TS 5-1979, f. 12-19-79, ef. 1-1-80; TS 7-1983, f. & ef. 12-14-83; TSPC 7-2007, f. & cert. ef. 12-14-07
584-020-0030
Human Relations and Communications
(1) The competent educator works effectively with others -- Students, staff, parents, and patrons. The competent educator is aware of the ways the community identifies with the school, as well as community needs and ways the school program is designed to meet these needs. The competent educator can communicate with knowledge, clarity, and judgment about educational matters, the school, and the needs of students.
(2) The competent teacher demonstrates:
(a) Willingness to be flexible in cooperatively working with others; and
(b) Skill in communicating with administrators, students, staff, parents, and other patrons.
(3) The competent administrator demonstrates:
(a) Skill in helping students, staff, parents, and other patrons to learn about the school, the district and its program;
(b) Skills in communicating district and school goals to staff and the public;
(c) Willingness to be flexible in cooperatively working with others; and
(d) Skill in reconciling conflict.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.143 & 342.175 - 342.190

Hist.: TS 5-1979, f. 12-19-79, ef. 1-1-80; TSPC 7-2007, f. & cert. ef. 12-14-07
584-020-0035
The Ethical Educator
The ethical educator is a person who accepts the requirements of membership in the teaching profession and acts at all times in ethical ways. In so doing the ethical educator considers the needs of the students, the district, and the profession.
(1) The ethical educator, in fulfilling obligations to the student, will:
(a) Keep the confidence entrusted in the profession as it relates to confidential information concerning a student and the student's family;
(b) Refrain from exploiting professional relationships with any student for personal gain, or in support of persons or issues; and
(c) Maintain an appropriate professional student-teacher relationship by:
(A) Not demonstrating or expressing professionally inappropriate interest in a student's personal life;
(B) Not accepting or giving or exchanging romantic or overly personal gifts or notes with a student;
(C) Reporting to the educator's supervisor if the educator has reason to believe a student is or may be becoming romantically attached to the educator; and
(D) Honoring appropriate adult boundaries with students in conduct and conversations at all times.
(2) The ethical educator, in fulfilling obligations to the district, will:
(a) Apply for, accept, offer, or assign a position of responsibility only on the basis of professional qualifications, and will adhere to the conditions of a contract or the terms of the appointment;
(b) Conduct professional business, including grievances, through established lawful and reasonable procedures;
(c) Strive for continued improvement and professional growth;
(d) Accept no gratuities or gifts of significance that could influence judgment in the exercise of professional duties; and
(e) Not use the district's or school's name, property, or resources for noneducational benefit or purposes without approval of the educator's supervisor or the appointing authority.
(3) The ethical educator, in fulfilling obligations to the profession, will:
(a) Maintain the dignity of the profession by respecting and obeying the law, exemplifying personal integrity and honesty;
(b) Extend equal treatment to all members of the profession in the exercise of their professional rights and responsibilities; and
(c) Respond to requests for evaluation of colleagues and keep such information confidential as appropriate.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.143 & 342.175 - 342.190

Hist.: TS 5-1979, f. 12-19-79, ef. 1-1-80; TS 7-1983, f. & ef. 12-14-83; TS 7-1989, f. & cert. ef. 12-13-89; TSPC 8-1998, f. & cert. ef. 12-9-98; TSPC 7-2007, f. & cert. ef. 12-14-07
584-020-0040
Grounds for Disciplinary Action
(1) The Commission will deny, revoke or
deny the right to apply for a license or charter school registration to any applicant
or educator who, has been convicted of any of the crimes listed in ORS 342.143,
or the substantial equivalent of any of those crimes if convicted in another jurisdiction
or convicted of attempt to commit such crimes as defined in 161.405. Evaluation
of substantially equivalent crimes or attempts to commit crimes will be based on
Oregon laws in effect at the time of the conviction, regardless of the jurisdiction
in which the conviction occurred. The crimes listed in 342.143 are:
(a) ORS 163.095 — Aggravated
Murder;
(b) ORS 163.115 — Murder;
(c) ORS 163.185 — Assault
in the First Degree;
(d) ORS 163.235 — Kidnapping
in the First Degree;
(e) ORS 163.355 — Rape
in the Third Degree;
(f) ORS 163.365 — Rape
in the Second Degree;
(g) ORS 163.375 — Rape
in the First Degree;
(h) ORS 163.385 — Sodomy
in the Third Degree;
(i) ORS 163.395 — Sodomy
in the Second Degree;
(j) ORS 163.405 — Sodomy
in the First Degree;
(k) ORS 163.408 — Unlawful
Sexual Penetration in the Second Degree;
(l) ORS 163.411 — Unlawful
Sexual Penetration in the First Degree;
(m) ORS 163.415 — Sexual
Abuse in the Third Degree;
(n) ORS 163.425 — Sexual
Abuse in the Second Degree;
(o) ORS 163.427 — Sexual
Abuse in the First Degree;
(p) ORS 163.432 — Online
Sexual Corruption of a Child in the Second Degree;
(q) ORS 163.433 — Online
Sexual Corruption of a Child in the First Degree;
(r) ORS 163.435 — Contributing
to the Sexual Delinquency of a Minor;
(s) ORS 163.445 — Sexual
Misconduct;
(t) ORS 163.465 — Public
Indecency;
(u) ORS 163.515 — Bigamy;
(v) ORS 163.525 — Incest;
(w) ORS 163.547 — Child
Neglect in the First Degree;
(x) ORS 163.575 — Endangering
the Welfare of a Minor;
(y) ORS 163.670 — Using
Child in Display of Sexually Explicit Conduct;
(z) ORS 163.675 — Sale
or Exhibition of Visual Reproduction of Sexual Conduct by a Child;
(aa) ORS 163.680 — Paying
for Viewing Sexual Conduct Involving a Child;
(bb) ORS 163.684 — Encouraging
Child Sexual Abuse in the First Degree;
(cc) ORS 163.686 — Encouraging
Child Sexual Abuse in the Second Degree;
(dd) ORS 163.687 — Encouraging
Child Sexual Abuse in the Third Degree;
(ee) ORS 163.688 — Possession
of Materials Depicting Sexually Explicit Conduct of a Child in the First Degree;
(ff) ORS 163.689 — Possession
of Materials Depicting Sexually Explicit Conduct of a Child in the Second Degree;
(gg) ORS 164.325 — Arson
in the First Degree;
(hh) ORS 164.415 — Robbery
in the First Degree;
(ii) ORS 166.005 — Treason;
(jj) ORS 166.087 — Abuse
of a Corpse in the First Degree;
(kk) ORS 167.007 — Prostitution;
(ll) ORS 167.008 – Patronizing
a prostitute;
(mm) ORS 167.012 — Promoting
Prostitution;
(nn) ORS 167.017 — Compelling
Prostitution;
(oo) ORS 167.054 — Furnishing
Sexually Explicit Material to a Child;
(pp) ORS 167.057 — Luring
a Minor;
(qq) ORS 167.062 — Sadomasochistic
Abuse for Sexual Conduct in a Live Show;
(rr) ORS 167.075 — Exhibiting
an Obscene Performance to a Minor;
(ss) ORS 167.080 — Displaying
Obscene Materials to Minors;
(tt) ORS 167.090 — Publicly
Displaying Nudity or Sex for Advertising Purposes;
(uu) ORS 475.080 — Unlawful
manufacture of hydrocodone within 1,000 feet of school;
(vv) ORS 475.810 — Unlawful
delivery of hydrocodone;
(ww) ORS 475.812 — Unlawful
delivery of hydrocodone within 1,000 feet of school;
(xx) ORS 475.818 — Unlawful
manufacture of methadone within 1,000 feet of school;
(yy) ORS 475.820 — Unlawful
delivery of methadone;
(zz) ORS 475.822 — Unlawful
delivery of methadone within 1,000 feet of school;
(aaa) ORS 475.828 — Unlawful
manufacture of oxycodone within 1,000 feet of school;
(bbb) ORS 475.830 — Unlawful
delivery of oxycodone;
(ccc) ORS 475.832 — Unlawful
delivery of oxycodone within 1,000 feet of school;
(ddd) ORS 475.848 — Unlawful
manufacture of heroin within 1,000 feet of school;
(eee) ORS 475.852 — Unlawful
delivery of heroin within 1,000 feet of school;
(fff) ORS 475.858 — Unlawful
manufacture of marijuana within 1,000 feet of school;
(ggg) ORS 475.860 — Unlawful
delivery of marijuana;
(hhh) ORS 475.862 — Unlawful
delivery of marijuana within 1,000 feet of school;
(iii) ORS 475.864(4) —
Possession of less than 1 ounce of marijuana within 1,000 feet of school;
(jjj) ORS 475.868 — Unlawful
manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;
(kkk) ORS 475.872 — Unlawful
delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;
(lll) ORS 475.878 — Unlawful
manufacture of cocaine within 1,000 feet of school;
(mmm)ORS 475.880 — Unlawful
delivery of cocaine;
(nnn) ORS 475.882 — Unlawful
delivery of cocaine within 1,000 feet of school;
(ooo) ORS 475.888 — Unlawful
manufacture of methamphetamine within 1,000 feet of
(ppp) ORS 475.890 — Unlawful
delivery of methamphetamine;
(qqq) ORS 475.892 — Unlawful
delivery of methamphetamine within 1,000 feet of school;
(rrr) ORS 475.904 — Unlawful
manufacture or delivery of controlled substance within 1,000 feet of school; or
(sss) ORS 475.906 — Penalties
for distribution to minors.
(2) An applicant fails to meet
the requirement of ORS 342.143 "good moral character" if the applicant engages in
gross neglect of duty, gross unfitness, in violation of section (4) of this rule
or other acts which are in violation of sections (1) or (3) of this rule.
(3) The Commission may initiate
proceedings to suspend or revoke the license or registration of an educator under
ORS 342.175 or deny a license or registration to an applicant under 342.143 who:
(a) Has been convicted of a
crime not listed in section (1) of this rule, if the Commission finds that the nature
of the act or acts constituting the crime for which the educator was convicted render
the educator unfit to hold a license;
(b) Is charged with knowingly
making any false statement in the application for a license or registration;
(c) Is charged with gross neglect
of duty;
(d) Is charged with gross unfitness;
or
(e) Is convicted of a crime
involving the illegal use, sale or possession of controlled substances.
(4) Gross neglect of duty is
any serious and material inattention to or breach of professional responsibilities.
The following may be admissible as evidence of gross neglect of duty. Consideration
may include but is not limited to:
(a) Substantial unauthorized
use of: school name or financial credit; school materials or equipment for personal
purposes; or school personnel to provide personal services unrelated to school business;
(b) Substantial unauthorized
use of employment time or school resources for private purposes;
(c) Falsification of any document
or knowing misrepresentation directly related to licensure, employment, or professional
duties;
(d) Unreasonable physical force
against students, fellow employees, or visitors to the school, except as permitted
under ORS 339.250;
(e) Violent or destructive behavior
on school premises or at a school-sponsored activity;
(f) Any sexual conduct with
a student;
(g) Appearing on duty or at
any district-sponsored activity while under the influence of alcohol or any controlled
substance;
(h) Unauthorized disclosure
of student records information received in confidence by the educator under ORS
40.245, (See, subsection (6), below);
(i) Assigning an educator in
violation of licensure requirements;
(j) Resignation from a contract
in violation of ORS 342.553,
(k) Violation of any order or
rule of the Commission;
(l) Sexual harassment;
(m) Failure of a chief administrator
to report a violation of Commission standards as required by OAR 584-020-0041;
(n) Substantial deviation from
professional standards of competency set forth in OAR 584-020-0010 through 584-020-0030;
(o) Substantial deviation from
professional standards of ethics set forth in OAR 584-020-0035;
(p) 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;
(q) Unauthorized use of school
electronic equipment to receive, store, produce or send sexually explicit materials;
(r) Working without a license;
or
(s) Failing to report child
abuse pursuant to ORS 419B.010.
(5) Gross unfitness is any conduct
which renders an educator unqualified to perform his or her professional responsibilities.
Conduct constituting gross unfitness may include conduct occurring outside of school
hours or off school premises when such conduct bears a demonstrable relationship
to the educator's ability to fulfill professional responsibilities effectively.
The following may be admissible as evidence of gross unfitness. Consideration may
include but is not limited to:
(a) Revocation, suspension or
denial of a license by another state for reasons and through procedures that are
the same as, or substantially equivalent to, those permitting similar action in
Oregon;
(b) Fraud or misrepresentation;
(c) Conviction of violating
any federal, state, or local law. A conviction includes any final judgment of conviction
by a court whether as the result of guilty plea, no contest plea or any other means.
(d) Commission of an act listed
in OAR 584-020-0040(1);
(e) Admission of or engaging
in acts constituting criminal conduct, even in the absence of a conviction; or
(f) Violation of a term of probation
imposed by a court.
(6) In any proceeding brought
under subsection (4)(h) of this rule, the Commission may not impose a sanction more
severe than a suspension of the educator's license.
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.143
& 342.175 - 342.190
Hist.: TS 5-1983, f. &
ef. 7-21-83; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 2-1988, f. & cert. ef.
4-7-88; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992, f. & cert. ef. 1-15-92;
TS 4-1993, f. & cert. ef. 9-29-93; TS 5-1996, f. & cert. ef. 9-24-96; TS
4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 8-1998 f. & cert. ef. 12-9-98; TSPC
5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00; TSPC 6-1999(Temp), f. &
cert. ef. 9-20-99 thru 3-17-00; TSPC 7-1999, f. & cert. ef. 10-8-99; TSPC 9-1999,
f. & cert. ef. 11-22-99; TSPC 4-2000, f. & cert. ef. 7-17-00; TSPC 9-2005,
f. & cert. ef. 11-15-05; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 8-2008,
f. & cert. ef. 11-13-08; TSPC 4-2010, f. & cert. ef. 7-15-10; TSPC 5-2011,
f. & cert. ef. 6-15-11; TSPC 2-2014, f. & cert. ef. 3-15-14
584-020-0041
Misconduct Reporting Requirements
(1) For purposes of this rule, "chief administrator"
means:
(a) The superintendent, head
teacher, head administrator or person designated by a school district board as district
school clerk under ORS 332.515, of a school district, education service district
or charter school;
(b) The chief administrative
officer of public schools administered by the Oregon Department of Education; or
(c) The chief administrative
officer of a private elementary or secondary school, as long as the chief administrative
officer is licensed by the Commission.
(2) A chief administrator will
report educators described in this subsection regardless if the educator is employed
in the chief administrator's district. Subject educators include:
(a) Any educator possessing
a TSPC-issued license or certification;
(b) Any educator holding a charter
school registration;
(c) Any pre-service candidate
enrolled in a public or private school for purposes of program completion pursuant
to any program described in division 17 of these administrative rules.
(3) A chief administrator will
report to the Executive Director within thirty (30) days the name of any person
described in subsection (2) above, when the chief administrator reasonably believes
the person may have committed any act which may constitute any of the designated
acts of gross neglect of duty under OAR 584-020-0040(4), subsections (a) to (s)
or any of the designated acts of gross unfitness listed under OAR 584-020-0040(5),
subsections (a) to (e).
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.143
& 342.175 - 342.190
Hist.: TS 4-1993, f. &
cert. ef. 9-29-93; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 5-1999(Temp),
f. & cert. ef. 8-24-99 thru 2-19-00; TSPC 7-1999, f. & cert. ef. 10-8-99;
TSPC 1-2001, f. & cert. ef. 1-17-01; TSPC 9-2006, f. & cert. ef. 6-15-06;
TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 3-2013, f. & cert. ef. 8-19-13
584-020-0045
Factors for Imposing Disciplinary Sanctions
The Commission may consider one or more of the following factors, as it deems appropriate, in its determination of what sanction or sanctions, if any, should be imposed upon a finding that an educator has violated any standard set forth in OAR 584-020-0040:
(1) If the misconduct or violation is an isolated occurrence, part of a continuing pattern, or one of a series of incidents;
(2) The likelihood of a recurrence of the misconduct or violation;
(3) The educator's past performance;
(4) The extent, severity, and imminence of any danger to students, other educators, or the public;
(5) If the misconduct was open and notorious or had negative effects on the public image of the school;
(6) The educator's state of mind at the time of the misconduct and afterwards;
(7) The danger that students will imitate the educator's behavior or use it as a model;
(8) The age and level of maturity of the students served by the educator;
(9) Any extenuating circumstances or other factors bearing on the appropriate nature of a disciplinary sanction; or
(10) To deter similar misconduct by the educator or other educators.
Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.143 & 342.175 - 342.190

Hist.: TS 5-1983, f. & ef. 7-21-83; TSPC 2-2005, f. & cert. ef. 4-15-05
584-020-0060
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 section (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 section (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 shall report the failure to the Commission
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
shall report to the Commission that the educator has met the terms of the letter
of informal reproval. The report and the Commission’s approval of the report
shall serve as the termination of the informal reproval.
(8) The Executive Director shall
notify the educator of the successful termination of the informal reproval as provided
in section (7) of this rule.
(9) The Executive Director shall
notify the employer, if any, of the educator who was previously notified under section
(3)(b) of this rule of the successful termination of the informal reproval as provided
in section (7) of this rule.
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175
- 342.190
Hist.: TSPC 1-2015, f. &
cert. ef. 2-10-15

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