ORS 342.175
Grounds for discipline

  • reinstatement

(1)

The Teacher Standards and Practices Commission may suspend or revoke the license or registration of a commission licensee, discipline a commission licensee, or suspend or revoke the right of any person to apply for a license or registration 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 state or any state or of the United States involving the illegal use, sale or possession of controlled substances;

(e)

Conviction of a crime described in ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525);

(f)

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

(g)

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 educator preparation program under ORS 342.147 (Approval of educator preparation providers and educator preparation programs), the commission may issue a public reprimand or may 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 state 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 issue a public reprimand for a commission licensee or to suspend or revoke the license or registration of a commission licensee.

(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 been convicted of any crime listed in ORS 342.143 (Issuance of licenses and registrations) (3).

(4)

Intentionally left blank —Ed.

(a)

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and registrations) (3) and subject to subsection (5) of this section, any person whose license or registration has been revoked, or whose right to apply for a license or registration has been revoked, may apply to the commission for reinstatement of the license or registration after one year from the date of the revocation.

(b)

Any person whose license or registration has been suspended, or whose right to apply for a license or registration has been suspended, may apply to the commission for reinstatement of the license or registration.

(c)

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 the commission 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 right to apply for a license or registration has been revoked, upon application therefor, when the license or registration suspension or revocation or the right 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; 2015 c.245 §11; 2015 c.647 §16; 2017 c.21 §51; 2019 c.618 §24; 2021 c.151 §2]

Source: Section 342.175 — Grounds for discipline; reinstatement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors342.­html.

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)

Teacher Standards and Practices Commission determination that petitioner failed to “exemplify personal integrity and honesty” under commission’s administrative rules does not amount to “gross neglect of duty” under this section. Commission’s denial of petitioner’s application for teacher’s license was not justified. Eicks v. Teacher Standards and Practices Commission, 270 Or App 656, 349 P3d 591 (2015)

342.120
Definitions for chapter
342.121
Teacher and administrator licensing
342.122
National Board Certification Fund
342.123
Knowledge of civil rights laws and ethical standards required
342.125
Types of licenses
342.127
Fees
342.130
Certain existing certificates and licenses not invalidated
342.136
Preliminary teaching license, personnel service license and administrative license
342.137
Distinguished teacher leader license
342.138
Professional teaching license, professional personnel service license and professional administrative license
342.143
Issuance of licenses and registrations
342.144
American Indian languages teaching license
342.147
Approval of educator preparation providers and educator preparation programs
342.153
Proficiency in Braille required for teaching license to provide education to blind students
342.165
Commission rules
342.173
Effect of employing certain persons
342.175
Grounds for discipline
342.176
Complaint process
342.177
Hearing and decision on charges
342.180
Appeal
342.183
Letters of informal reproval
342.192
Licensing requirements for out-of-state applicants
342.195
Teaching licenses based on experience in certain federal programs
342.200
Administrative licenses based on professional skills and experience
342.202
Administrator comprehensive leadership development system
342.203
Publication of list of teachers, administrators and teacher candidates subjected to discipline
342.208
Model career pathways for instructional assistants to become licensed teachers
342.223
Criminal records check
342.350
Commission established
342.360
Members
342.380
Organization
342.390
Meetings
342.410
Executive director
342.420
Member’s salary
342.425
Annual report on duties, powers and functions of commission
342.430
Teacher Standards and Practices Commission Account
342.433
Definitions for ORS 342.433 to 342.449
342.437
Goal
342.443
Reports of longitudinal data
342.447
Plans for recruitment, admission, retention and graduation of diverse educators
342.448
Reports related to implementation of Educators Equity Act
342.449
Short title
342.455
Definition of “school nurse.”
342.465
Rules
342.475
School nurses
342.485
Commission to consult with and advise Oregon State Board of Nursing on school nursing
342.495
Holder of school nurse certificate qualified to conduct and coordinate health services program
342.513
Renewal or nonrenewal of contracts for following year
342.521
Contracts with teachers for return of part of salary prohibited
342.545
Termination of teacher’s contract
342.549
Administrator contracts
342.553
Discipline for resigning without providing required notice
342.608
Working hours for licensed personnel
342.610
Minimum salary for substitute teachers
342.664
Required ratio of pupils to staff holders of first aid cards
342.700
Policy on sexual harassment
342.704
Adoption of policies on sexual harassment required
342.708
ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and remedies
342.721
Definitions for ORS 342.723 and 342.726
342.723
Prohibitions on school district employees
342.726
Curricula to include information on steroids and performance-enhancing substances
342.805
Short title
342.815
Definitions for ORS 342.805 to 342.937
342.835
Probationary teacher
342.840
Determination of length of service for probationary teacher
342.845
Contract teacher
342.850
Teacher evaluation
342.856
Core teaching standards
342.865
Grounds for dismissal or contract nonextension of contract teacher
342.875
Suspension
342.895
Contract teachers
342.905
Appeal procedure
342.910
Waiver of contract grievance claim if appeal of dismissal decision filed
342.930
Fair Dismissal Appeals Board
342.934
Procedure for reduction of teacher staff due to funding or administrative decision
342.937
Reimbursement for teacher dismissal costs
342.940
Educator Advancement Council
342.943
System of educator networks
342.953
Educator Advancement Fund
342.961
Internal investigations of employee misconduct or wrongdoing
342.965
Interchange of teachers
342.971
Educator Preparation Improvement Fund
342.974
Oregon Education Support Professional of the Year Program
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