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 person’s 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 (Complaint process).
(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]
Note: 342.183 (Letters of informal reproval) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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