The Ethical
Educator & Professional Practices
Teacher Standards & Practices
Commission
Responsibilities of TSPC:
In
1973, the Teacher Standards and Practices
Commission became an autonomous body.
It was created amid demands across the nation that educators police
their own ranks. As a result, one of the
statutory responsibilities of TSPC is to maintain professional Standards of
Competent and Ethical Performance of Oregon Educators. These Standards can be found in Oregon
Administrative Rules, Chapter 584, Division 020. Approximately 200 discipline cases are investigated
by the Commission each year.
What is a Competent and Ethical Educator?
The
competent educator demonstrates:
·
Knowledge and use of curriculum and instruction to meet the
needs of all students;
·
Ability to provide a climate for students that is conducive
to learning and respects the rights of all persons without discrimination;
·
An understanding of students and ability to establish and
maintain good rapport and assist the growth of students;
·
Ability to work effectively with students, staff, parents
and community.
The
ethical educator demonstrates:
·
A willingness to accept the requirements of membership in
the education profession;
·
A willingness to consider the needs of the students, the
district and profession.
What is a Culturally Competent
Educator?
The competent educator
demonstrates:
·
Capacity to
promote equity of student access and outcomes;
·
Advocacy for
social justice;
·
Awareness of
laws and policies affecting learners;
·
Creates a
respectful and collaborative environment;
·
Ability to
navigate conflicts around race, ethnicity, religion, class, and language in a
safe and productive manner;
·
Ability to work
collaboratively with students, staff, and parents from diverse racial, ethnic,
religion, class and language background;
·
Demonstrates
respectful and welcoming verbal and non-verbal interaction skills.
What is the
Responsibility of the Superintendent?
The
district's chief administrator must report to TSPC within 30 days when, after
appropriate investigation, the chief administrator reasonably believes that an educator has violated standards by
committing acts of gross neglect of duty or gross unfitness.
What is Gross
Neglect of Duty?
Gross neglect
of duty is any serious and material inattention to or breach of professional
responsibilities. Some examples of Gross
Neglect of Duty are: unreasonable
physical force against students or fellow employees; sexual conduct with a
student; appearing on duty or at any district-sponsored activity while under
the influence of alcohol or any controlled substance; knowing falsification of
any document or knowing misrepresentation directly related to licensure,
employment or professional duties; knowing and unauthorized use of school
computer equipment to receive, store, produce or send sexually explicit
materials; knowing and willful failure of a chief administrator to report a
violation of Commission standards; etc.
See OAR 584-020-0040(4) for additional examples of Gross Neglect of
Duty.
What is Gross
Unfitness?
Gross
unfitness is any conduct which renders an educator unqualified to perform his
or her professional responsibilities.
Conduct constituting gross unfitness may include conduct occurring
outside of school hours and off school premises when such conduct bears a
demonstrable relationship to the educator's ability to fulfill professional
responsibilities effectively. Some
examples of Gross Unfitness are: fraud
or misrepresentation; conviction of violating any federal, state, or local law;
violation of a term of probation imposed by a court; admission of or engaging
in acts constituting criminal conduct, even in the absence of a conviction; etc. See OAR 584-020-0040(5) for additional
examples of Gross Unfitness.
What Happens
When TSPC Receives a Complaint? ORS 342.176
·
TSPC conducts an investigation to determine whether or not
the allegation(s) is factual.
·
The educator is notified of the complaint and encouraged to
respond to the allegation(s).
·
The Commission considers the Preliminary Investigation
report and determines whether or not there is sufficient cause or evidence to
charge the educator with a violation of TSPC Standards.
·
The Commission may dismiss the complaint for lack of
sufficient cause; or
·
Enter into a settlement agreement with the educator (Order
of discipline); or
·
TSPC may inform the educator of charges and of an
opportunity for hearing.
What Happens
When the Educator Requests a Hearing? ORS 342.177(1)
The
Commission is represented by legal counsel from the Attorney General's Office. The educator may be represented by an
attorney. Hearings are conducted by an
Administrative Law Judge. Based on
evidence presented at the hearing, the Administrative Law Judge makes a
recommendation to the Commission regarding whether the educator has engaged in
unprofessional conduct. The Administrative
Law Judge submits a Proposed Order to the full Commission. The Proposed Order is advisory to the
Commission which is voted on in public session.
What Sanctions
May the Commission Impose? ORS 342.175(2) and ORS 342.177(3)
By
law, the Commission must permanently revoke or deny a license to
educators who are convicted of crimes listed in ORS 342.143 (sex-related crimes
including prostitution). In other cases,
the Commission may revoke, suspend, issue a public reprimand, or place an
educator on probation depending on the facts and circumstances of the case.
What are the
Factors for Imposing Disciplinary Sanctions?
·
If the misconduct or violation is an isolated occurrence,
part of a continuing pattern, or one of a series of incidents.
·
The likelihood of a recurrence of the misconduct or
violation.
·
The educator's past performance.
·
The extent, severity, and imminence of any danger to
students, other educators or the public.
·
If the misconduct was open and notorious or had negative
effects on the public image of the school.
·
The educator's state of mind at the time of the misconduct and
afterwards.
·
The danger that students will imitate the educator's
behavior or use it as a model.
·
The age and level of maturity of the students served by the
educator.
·
Any extenuating circumstances or other factors bearing on
the appropriate nature of a disciplinary sanction.
What Happens
When an Order is Adopted by TSPC? ORS 342.203
The
educator, the educator's school district and the complainant are notified. The Commission maintains records of all disciplined
educators. Annually, the list of sanctioned
educators is posted on the TSPC Website.
When an Order is adopted, it is reported to the National Association of
State Directors of Teacher Education and Certification (NASDTEC) which
maintains a national list of disciplined educators.
What Can Educators Do To Avoid Complaints Being Filed With
TSPC?
Think about your interaction with students.
·
Do you fail to maintain professional physical and emotional boundaries
with students?
·
Do you flirt with students?
·
Do you discuss your personal life with your students?
·
Do you telephone students or send emails of a personal
nature?
·
Do you close your classroom door if you are talking to a
student alone?
·
Do you transport students in your personal vehicle?
·
Do you fail to inform your supervisor and refer to a counselor
any student who may have a romantic attachment to you?
·
Do you buy gifts for students?
Think about your knowledge of state law, school policies and
procedures.
·
Do you know the laws, district policies, school rules and
your rights?
·
Do you know the
·
Do you know the policies in your school regarding the proper
handling of money and finances?
·
Do you have clear behavioral management rules?
·
Do you know about corporal punishment laws ORS 339.250 and district
policies?
·
Do you know about confidentiality requirements?
·
Do you know your district’s Acceptable Use Policy regarding
technology, including computers, e-mail and internet access.
Think about your reputation in the community.
·
Do you maintain a professional reputation in the community
and school district?
·
Do you communicate with parents and document that
communication?
·
Do you engage in behavior in the community that students may
use as a positive model?
"If I could take back those five minutes…"
From TSPC case
files
Use
of school computer equipment to receive, store product or send sexually
explicit materials OAR 584-020-0040(4)(q)
Educator used
classroom computer to access sexually explicit materials on the Internet. Educator downloaded sexually explicit
materials, copied materials on school equipment and distributed to other staff.
Sanction: 90 days suspension, special conditions for
reinstatement and 2 years probation upon reinstatement
Knowing
misrepresentation directly related to licensure OAR
584-020-0040(4)(c)
On TSPC
Application for renewal of licensure Educator failed to report a criminal
conviction (Assault IV).
Sanction: Application denied/right to apply suspended
for 128 days, reinstatement requires anger management evaluation, 2 years probation
(requiring treatment/counseling if referred by evaluator)
Any
sexual conduct with a student OAR 584-020-0040(4)(f) and OAR
584-020-0040(5)(c)
Educator
engaged in sexual behavior with a high school student in the Educator’s home. Educator pled guilty to the crime of Official
Misconduct and was convicted.
Sanction: Revocation
Appearing
on duty or at any district-sponsored activity while under the influence of
alcohol
OAR 584-020-0040(4)(g)
Educator
serving as athletic director attends sports events after consuming alcoholic
beverages on two separate occasions.
Educator required to enroll in an alcohol treatment program as a part of
settlement agreement with TSPC.
Sanction: Public reprimand and 4 years probation (with
special conditions requiring educator to continue alcohol treatment plan and
submit progress reports every 6 months to Executive Director)
Conviction
of violation of any federal, state, or local law OAR
584-020-0040(5)(c)
Educator
convicted of Driving Under the Influence of Intoxicants. Educator required by court order to complete
alcohol treatment program.
Sanction: Public reprimand and 4 years probation (with
special conditions requiring educator to abstain from consumption of alcohol,
submit progress reports every 6 months to Executive Director and continue
alcohol treatment plan)
Failed
to refrain from exploiting professional relationships with any student for
personal gain, or in support of persons or issues. OAR
584-020-0035(1)(b)
Educator
exploited her professional relationship with a student to promote her own
religious issues. Educator repeatedly
communicated with a student suffering from an illness that religious faith
would be the source of healing for her condition.
Sanction: 6 months suspension, special conditions for
reinstatement and four years probation upon reinstatement. [072904]