2011 ORS § 342.175¹
Grounds for discipline
  • reinstatement

(1) The Teacher Standards and Practices Commission may suspend or revoke the license or registration of a teacher or administrator, discipline a teacher or administrator or suspend or revoke the right of any person to apply for a license or registration if the licensee, registrant or applicant has held a license or registration at any time within five years prior to issuance of the notice of charges under ORS 342.176 (Preliminary investigation) based on the following:

(a) Conviction of a crime not listed in ORS 342.143 (Issuance of licenses and registrations) (3);

(b) Gross neglect of duty;

(c) Any gross unfitness;

(d) Conviction of a crime for violating any law of this or any state or of the United States involving the illegal use, sale or possession of controlled substances;

(e) Any false statement knowingly made in an application for issuance, renewal or reinstatement of a license or registration; or

(f) Failure to comply with any condition of reinstatement under subsection (4) of this section or any condition of probation under ORS 342.177 (Hearing and decision on charges) (3)(b).

(2) If a person is enrolled in an approved teacher education institution or program under ORS 342.147 (Approval of teacher education institutions and programs), the commission may issue a public reprimand or suspend or revoke the right to apply for a license or registration based on the following:

(a) Conviction of a crime listed in ORS 342.143 (Issuance of licenses and registrations) (3) or a crime described by the commission by rule;

(b) Conviction of a crime for violating any law of this or any state or of the United States involving the illegal use, sale or possession of controlled substances; or

(c) Any conduct that may cause the commission to suspend or revoke the license or registration of a teacher.

(3) The commission shall revoke any license or registration and shall revoke the right of any person to apply for a license or registration if the person has held a license or registration at any time and the holder or applicant has been convicted of any crime described in ORS 342.143 (Issuance of licenses and registrations) (3).

(4) Except for convictions for crimes listed in ORS 342.143 (Issuance of licenses and registrations) (3) and subject to subsection (5) of this section, any person whose license or registration has been suspended or revoked or whose privilege to apply for a license or registration has been revoked may apply to the commission for reinstatement of the license or registration after one year from the date of the suspension or revocation. The commission may require an applicant for reinstatement to furnish evidence satisfactory to the commission of good moral character, mental and physical health and such other evidence as the commission may consider necessary to establish the applicants fitness. The commission may impose a probationary period and such conditions as it considers necessary upon approving an application for reinstatement.

(5) The commission shall reconsider immediately a license or registration suspension or revocation or the situation of a person whose privilege to apply for a license or registration has been revoked, upon application therefor, when the license or registration suspension or revocation or the privilege revocation is based on a criminal conviction that is reversed on appeal.

(6) Violation of rules adopted by the commission relating to competent and ethical performance of professional duties shall be admissible as evidence of gross neglect of duty or gross unfitness.

(7) A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of a conviction described in this section. [Formerly 342.070; 1965 c.100 §361; 1971 c.743 §358; 1973 c.228 §1; 1979 c.226 §1; 1979 c.226 §1; 1979 c.307 §3a; 1987 c.158 §59; 1987 c.503 §7; 1991 c.662 §1; 1993 c.45 §168; 1993 c.301 §7; 1993 c.603 §1; 1995 c.768 §15; 1997 c.383 §15; 1997 c.864 §19; 1999 c.199 §10; 1999 c.308 §2; 2007 c.575 §12; 2009 c.386 §1]

Note: Sections 5 to 7, chapter 706, Oregon Laws 2009, provide:

Sec. 5. Letters of informal reproval. (1) The Teacher Standards and Practices Commission may issue a letter of informal reproval to a person licensed, registered or certified by the commission if:

(a) Following the completion of an investigation, the commission determines that the person has engaged in conduct that affects the persons ability to be professionally effective, based on standards adopted by the commission by rule; and

(b) Subject to subsection (5) of this section, the commission agrees not to pursue disciplinary action against the person under ORS 342.175 (Grounds for discipline) and the person agrees to the terms of the letter of informal reproval, including a monitoring period.

(2) A letter of informal reproval issued as provided by subsection (1) of this section shall establish the terms of a monitoring period for the person to whom the letter is issued.

(3) Upon the issuance of a letter of informal reproval, the commission shall notify the employer of the person to whom the letter is issued, including any terms of the letter that the employer may need to know to assist the person in complying with the terms of the letter.

(4) A letter of informal reproval issued as provided by subsection (1) of this section:

(a) Is confidential; and

(b) Except when a disciplinary action is taken as provided in subsection (5) of this section, may not be posted on an interstate clearinghouse related to educator license sanctions.

(5) If a person fails to comply with the terms of a letter of informal reproval, the commission may take disciplinary action against the person 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 a person failed to meet the terms of a letter of informal reproval, the executive director shall report the failure to the commission for the commission to make a final determination pursuant to ORS 342.176 (Preliminary investigation).

(7) The documents and materials used in an investigation for the purposes of this section are confidential and are not subject to public inspection unless the commission makes a final determination to discipline the person pursuant to ORS 342.175 (Grounds for discipline). [2009 c.706 §5]

Sec. 6. Section 5 of this 2009 Act is repealed on June 30, 2012. [2009 c.706 §6]

Sec. 7. The Teacher Standards and Practices Commission shall submit a report to the interim legislative committees related to education no later than October 1, 2012, that evaluates the effectiveness of letters of informal reproval as provided by section 5 of this 2009 Act. [2009 c.706 §7]