2007 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 person 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 of complaint) 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 (3) of this section or any condition of probation under ORS 342.177 (Hearing and decision on charges) (3)(b).

(2) Notwithstanding ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction), 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 within five years prior to issuance of the notice of charges under ORS 342.176 (Preliminary investigation of complaint) when the holder or person has been convicted of any crime described in ORS 342.143 (Issuance of licenses and registrations) (3).

(3) Except for convictions for crimes listed in ORS 342.143 (Issuance of licenses and registrations) (3) and subject to subsection (4) 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license or registration has been suspended or revoked or whose privilege to apply for a license or registration has been revoked may apply to the commission for reinstatement of the license or registration after one year from the date of the suspension or revocation.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 applicant’s fitness. The commission may impose a probationary period and such conditions as it considers necessary upon approving an application for reinstatement.

(4) 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.

(5) 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.

(6) 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]

Notes of Decisions

Finding by Teacher Standards and Practices Commission re­gard­ing grounds for revoca­tion is binding upon school boards seeking to dismiss for behavior that would justify revoca­tion. Ross v. Springfield School Dist. No. 19, 294 Or 357, 657 P2d 188 (1982)

"Gross unfitness" refers to disqualifying status or trait, rather than single, simple instance of undesirable con­duct. Teacher Standards and Practices Commission v. Bergerson, 342 Or 301, 153 P3d 84 (2007)

"Gross unfitness" refers to teacher's current fitness at time of hearing. Teacher Standards and Practices Commission v. Bergerson, 342 Or 301, 153 P3d 84 (2007)

1 Legislative Counsel Committee, CHAPTER 342—Teachers and Other School Personnel, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­342.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 342, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­342ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.