ORS 339.390¹
Investigations by Teacher Standards and Practices Commission of licensed persons
  • timeline
  • findings
  • rules

(1)(a) When the Teacher Standards and Practices Commission receives a report of suspected sexual conduct that may have been committed by a licensed school employee, contractor, agent or volunteer, the commission shall immediately initiate an investigation.

(b) An investigation and final determination related to a report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report was filed with the commission.

(c) Notwithstanding paragraph (b) of this subsection, the prescribed timeline for an investigation and final determination may be extended if, for good cause, a longer period of time is necessary.

(2) The commission shall appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct an investigation. An investigator appointed under this subsection is empowered to:

(a) Issue subpoenas to require the attendance of witnesses or the production of documents;

(b) Subpoena witnesses; and

(c) Swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (Subpoenas in contested cases) (2).

(3)(a) Following the completion of an investigation, the investigator shall report in writing any findings and recommendations to the executive director of the Teacher Standards and Practices Commission.

(b) If, based on the findings, the executive director believes there is an immediate threat to a student, the executive director shall request that the commission meet in executive session.

(4) The executive director or the investigator shall report in writing the findings and any recommendations to the commission. The commission shall decide if there is sufficient cause to justify holding a hearing under ORS 342.177 (Hearing and decision on charges).

(5) If the commission finds that there is sufficient cause to justify holding a hearing under ORS 342.177 (Hearing and decision on charges), the commission shall notify in writing:

(a) The person charged, enclosing a statement of the charges and a notice of opportunity for hearing;

(b) The student and, if applicable, the student’s parents;

(c) The education provider; and

(d) The person who provided the report of suspected sexual conduct.

(6) If the commission finds that there is not sufficient cause to justify holding a hearing under ORS 342.177 (Hearing and decision on charges), the commission shall notify in writing:

(a) The person charged;

(b) The student and, if applicable, the student’s parents;

(c) The education provider; and

(d) The person who provided the report of suspected sexual conduct.

(7)(a) Except as provided in paragraph (b) of this subsection, the documents and materials used in the investigation undertaken under this section, and the report related to the investigation, are confidential and not subject to public inspection unless the commission makes a final determination to suspend or revoke a license, discipline a person holding a license or revoke the right to apply for a license, as provided under ORS 342.175 (Grounds for discipline).

(b) To the extent allowed by state and federal law, the commission shall make available any documents, materials and reports to:

(A) A law enforcement agency or the Department of Human Services for the purpose of conducting an investigation under ORS 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information);

(B) The Department of Education for the purpose of conducting an investigation under ORS 339.391 (Investigations by Department of Education of nonlicensed persons); or

(C) An education provider for the purpose of taking any disciplinary actions or making changes in the employment relationship or duties of the school employee, contractor, agent or volunteer.

(c) The commission shall retain documents and materials related to any report received under this section, regardless of whether the commission found sufficient cause to justify holding a hearing under this section.

(8) Notwithstanding ORS 192.660 (Executive sessions permitted on certain matters) (6), the commission may make its findings under this section in executive session. The provisions of ORS 192.660 (Executive sessions permitted on certain matters) (4) apply to executive sessions held pursuant to this subsection.

(9) The commission shall adopt any rules necessary for the administration of this section, including a process to appeal the findings of the commission under this section. [2019 c.618 §23]

1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors339.­html (2019) (last ac­cessed May 16, 2020).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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. Currency Information