2015 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 state 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 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 teacher or 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 been convicted of any crime listed in ORS 342.143 (Issuance of licenses and registrations) (3).

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and registrations) (3) and subject to subsection (5) of this section, any person whose license or registration has been revoked, or whose right to apply for a license or registration has been revoked, may apply to the commission for reinstatement of the license or registration after one year from the date of the revocation.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

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 teachers 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 com­mis­sions administrative rules does not amount to gross neglect of duty under this sec­tion. Commissions denial of peti­tioners applica­tion for teachers license was not justified. Eicks v. Teacher Standards and Practices Commission, 270 Or App 656, 349 P3d 591 (2015)


1 Legislative Counsel Committee, CHAPTER 342—Teachers and Other School Personnel, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors342.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 342, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano342.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.