Teacher Standards and Practices Commission

465 Commercial St. NE

Salem, Oregon  97301

 

 

 

AFFIRMATIVE ACTION PLAN

          2005-2007


Table of Contents

 

 

 

Mission Statement and Statutory Authority                                                                    1

 

Agency EEO/AA Policy Statement                                                                               2

 

Agency Harassment Policy and Complaint Procedure                                        2

 

Agency Reasonable Accommodation Policy and Complaint

     Procedure Statement                                                                                               3

 

Agency’s Organization Structure and Responsibilities for Implementation                       5

 

Accomplishments for 2004-2005 biennium                                                                    5

 

Program Analysis:         Goals and Action Plan for 2005-2007                           6

 

Special Reports (budget document:  Affirmative Action Report 2005-2007)      7

 


Mission Statement & Statutory Authority

 

Mission: The Teacher Standards and Practices Commission ensures that every student in Oregon is taught by caring, competent and ethical educators.

 

Vision:  The Teacher Standards and Practices Commission will lead the nation in setting and maintaining high professional standards of excellence for educators.

 

Goals:

1.      Maintain and enhance Oregon educator professional standards of excellence.

2.     Provide leadership which supports the attainment of professional standards of excellence.

3.      Provide high quality services to all stakeholders.

4.      Develop and maintain clear, concise and easy to understand administrative rules.

5.      Build awareness of professional conduct requirements.

6.      Adopt and implement a cultural competency action plan and standards for  educators.

 

The statutory authority for the TSPC can be found in ORS 342.120 to 342.430; 342.555 to 342.495 and 342.985. The administrative rules supporting these statutes can be found in OAR chapter 584.

 

The 17 commission members are appointed by the Governor and confirmed by the Oregon Senate. The composition of the TSPC is as follows: 1 school board member, 2 general public members, 1 state university faculty member, 1 independent college or university faculty member, 1 elementary principal, 1 secondary principal, 1 city superintendent, 1 ESD or county superintendent, 4 elementary school teachers and 4 secondary school teachers.

 

The commission has three primary responsibilities or duties:

 

1.      Establish rules for licensure and charter school registration and issue licenses or registrations to public school teachers, administrators, school counselors, school psychologists and school nurses.

2.      Maintain professional standards of competent and ethical performance and proper assignment of licensed and registered educators.

3.      Adopt standards for approval of college and university teacher education programs which lead to licensure and approve programs which meet such standards.

 

 

 

 

 

 

 

 

Agency EEO/AA Policy Statement

 

It is the policy of the Teacher Standards and Practices Commission that no person be subjected to discrimination on the basis of race, national origin, religion, sex, age, disability, marital status or sexual orientation in any program, service or activity for which the Commission is responsible. The Commission will comply with the requirements of state and federal law concerning nondiscrimination and will strive by its actions to enhance the dignity and worth of all persons.

 

Agency Harassment Policy and Complaint Procedure

 

Policy:

 

Harassment or discrimination of any employee, visitor, vendor, or customer of TSPC, will not be tolerated.  Workplace harassment is a form of offensive treatment or behavior, which to a reasonable person creates an intimidating, hostile or abusive work environment.  It may be sexual, racial, religious or based on a person's age, disability, national origin or status as a member of any protected class.

 

You should immediately notify your supervisor if you believe you have been harassed.  If you are uncomfortable speaking to your supervisor about the harassment you may notify any manager with whom you feel comfortable speaking.

 

¨      Sexual harassment includes any sexual advances, request for sexual favors, and other unwelcome verbal, or physical conduct of a sexual nature:

¨      Sexual harassment, and any other type of harassment includes:

(A) Submission to such conduct is made either explicitly, or implicitly a term or condition of an individual’s employment; or

(B) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting working environment              

(C) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment

 

TSPC will not tolerate retaliation of any kind against employees, based upon their allegations regarding discrimination or harassment.  If employees or supervisors engage in harassment or discrimination, they may be subject to immediate discipline, including possible termination.

 

Sexual harassment complaints should be made with accuracy and veracity.

 

Procedure:

 

a) For discrimination. Anyone who is subject to, or aware of, what he or she believes to be employment-related discrimination may file a complaint with his or her immediate supervisor, another manager, or with the Office Manager. The complaint should be written unless the complainant, due to disability, is unable to file written complaint. The complaint should be filed with the agency within 30 calendar days of the alleged act. Complaints should include the name of the complainant, the name of the persons alleged to have engaged in the prohibited conduct, a specific and detailed description of the conduct that the employee believes is discriminatory, and a description of the remedy the employee desires.

 

b) For harassment. Anyone who is subject to or is aware of harassing behavior should report that information immediately to agency management. If at all possible, the report should be made before the behavior becomes severe. The report may be made orally or in writing to the employee's immediate supervisor or to any other management staff member. If the employee prefers, the report may be given to a manager outside that complainant's work unit or to the Office Manager. All supervisors and managers will report complaints and incidents immediately to the appropriate officials.

 

c) Investigation. The recipient of a discrimination or harassment complaint shall promptly forward it to the Office Manager and Director, which will coordinate, or delegate responsibility for coordinating, the department's investigation in consultation with the affected employees' supervisors, excluding any supervisor who is potentially part of the problem. The complaint will be given prompt and thorough attention with an impartial investigation. If the complaint is substantiated, immediate and appropriate corrective action will be taken. The affected parties shall be informed that the investigation has concluded and that immediate appropriate corrective action will be taken. All personnel can be assured that complaints will be taken seriously and will be investigated as necessary. They will be dealt with in a discrete and confidential manner to the extent possible.

 

Nothing in this process precludes any person from filing a formal grievance in accordance with a collective bargaining agreement or with the Bureau of Labor and Industries (BOLI) or the Equal Employment Opportunity Commission (EEOC). Timelines for filing complaints with BOLI and the EEOC are different from those established in this policy. Contact them directly for specific guidance on filing a formal grievance with them.

 

Agency Reasonable Accommodation Policy and Complaint Procedure Statement

 

Policy:

 

The Teacher Standards and Practices Commission has identified the following goals to develop and maintain a representative workforce:

 

A.        Include appropriate representation of females, under-represented populations, and persons with disabilities in all job classifications. Make     modifications and accommodations that enable employees with disabilities to receive equal benefits and privileges afforded other employees.

 

B.         Provide equal employment opportunity for all applicants.

 

C.        Represent the ethnic and geographic diversity of the state as well as the educational positions and publics which have an interest in the Commission’s actions.

 

Procedure:

 

Step 1 - Any person who requires a reasonable accommodation and believes they have been unfairly denied such accommodation may submit a complaint to the supervisor of the person making the decision to deny or to the Office Manager. This complaint must be submitted in writing and contain the name and address of the person filing the complaint and briefly describe the event.

 

Step 2 - The supervisor with the Office Manager will review the complaint, request for accommodation, reason for denial and will make a decision to uphold or overturn the decision. The supervisor will make a decision within 5 working days of receiving the complaint.

 

Step 3 - If the person filing the complaint is not satisfied with the decision of the supervisor, the person filing the complaint may submit their complaint to the Director who with the Office Manager will make a decision to uphold or overturn the decision. The Director may elect to delegate this responsibility to the Deputy Director. The Director or designee will make a decision within 5 working days of receiving the complaint.

 

 Step 4 - If the person filing the complaint is not satisfied with the decision of the  Director they may submit their complaint to the Bureau of Labor and Industries or the US Equal Employment Opportunity Commission. This contact information will be provided by the Office Manager.

 

 Retaliation-Absolutely no retaliation or adverse action in any form shall be taken against a client or applicant for employment because he/she has filed a complaint alleging unfair denial of reasonable accommodation. It is unacceptable and unlawful conduct for an agency employee to retaliate against a complainant in any manner because he/she had filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing conducted in accordance with these procedures.

 

 

 

 

 

 

 

Agency’s Organization Structure and Responsibilities for Implementation:

 

A.  Commissioners:  The Commission will assist the Governor in identifying qualified educators and public members who represent the geographic and ethnic diversity of the State and to meet the criteria for appointment established by statute.

 

B.  Executive Director: The Executive Director is responsible for implementation of the Equal Employment Opportunity policies and the oversight of adherence to Affirmative Action principles. The Executive Director also oversees the implementation of agency policies which reflect best practices with regard to hiring and workplace cultural inclusion.

           

C. Agency Staff: The Commission employs a staff of 20 FTE (1.5 FTE are limited duration) in accordance with the Department of Administrative Service’s Human Resource Services Division.  Where appropriate, the Commission interviews qualified applicants who are identified by DAS Human Resource Services Division’s recruitment procedures as belonging to an under-represented group.

 

  1. Workplace: The agency is committed to maintaining a workplace that is harassment free and culturally inclusive.

 

Accomplishments for the 2003-2005 Biennium

 

The diversity of the appointed commission is 12 percent-underrepresented persons, 88 percent white, 18 percent male and 82 percent female.

 

Policies and procedures were reviewed and revised March 2005. The agency has developed a detailed Employee Handbook which addresses affirmative action and equal employment opportunity issues. The agency sponsored one employee for personal development related to her Native American heritage. Additionally, we have become active in working with local Oregon Indian Tribes on issues related to licensure and language saving measures.  We have also worked closely with the Oregon Association of Latino Administrators. TSPC was a co-sponsor of the first education “Cultural Competency Summit” in March 2004 in partnership with the Oregon Department of Education, higher education and others. The commission is committed to developing cultural competency standards for educators and is examining cultural competency and its role in the ethical behavior of educators. 

 

Without a diverse pool, we were able to hire a Spanish-bilingual person into the position as a way to better serve the public. She has been an enormous help recently with new educators seeking information from the commission. When unable to fill the Deputy Director position with a qualified diverse candidate, we hired an individual who is an expert in cultural competency and civil rights training.  We believe that we also must develop the cultural competency skills of the existing staff and training in this area is an agency commitment over the next biennium.

Program Analysis: Goals and Action Plan for the 2005-2007 Biennium

 

The agency consists of 35 percent (7) males and 65 percent (13) females. Demographically, the staff is 90 percent white, 5% Latino and 5% Native American. Five staff are classified as management with 40 percent male and 20% being Latino (the Executive Director). Because of the agency’s small size, opportunities arise with each vacancy to make a difference. During this past interim, the agency’s diversity was represented by one Native American, one Latina and one African American, all women.  The agency will continue to work toward a more diverse workforce by more active recruitment in the event of staff vacancies. The agency recently received approval to convert the top two management positions into an Executive Service, making the opportunities to appoint a qualified underrepresented candidate even better. 

 

The commission is committed to developing cultural competency standards for educators and is examining cultural competency and its role in the ethical behavior of educators. 

 

We believe that we also must develop the cultural competency skills of the existing staff and training in this area is an agency commitment over the next biennium.

 

The Commission, Executive Director and the Deputy Director are responsible for implementing the strategies to accomplish the established goals for 2005-2007.