The Ethical Educator & Professional Practices
Teacher Standards & Practices Commission
Responsibilities of TSPC:
What is a Competent and Ethical Educator?
The competent educator demonstrates:
The ethical educator demonstrates:
What is a Culturally Competent Educator?
The competent educator demonstrates:
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?
What Happens When the Educator Requests a Hearing?
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?
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?
What Happens When an Order is Adopted by TSPC?
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.
Think about your knowledge of state law, school policies and procedures.
Think about your reputation in the community.
"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
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.
Appearing on duty or at any district-sponsored activity while under the influence of alcohol
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
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.
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.