Section 342.176 - Complaint process; preliminary investigation; materials confidential; notice(1)(a) A person may file a complaint with the Teacher Standards and Practices Commission regarding a commission licensee. If a complaint concerns an allegation of sexual conduct that may have been committed by a commission licensee, the complaint process provided by this section does not apply and the commission shall investigate the complaint as provided by ORS 339.390.(b) Prior to beginning an investigation based on a complaint filed under paragraph (a) of this subsection, the commission may require verification that attempts were made to resolve the complaint through the complaint process of the school district that employs the person against whom the complaint was filed. If the commission does not receive verification within 12 months of providing notice that verification is required, the commission no longer has a duty to investigate the complaint.(c) After receiving sufficient verification as provided by paragraph (b) of this subsection, the commission shall promptly undertake an investigation upon receipt of a complaint or information that constitutes grounds for: (A) Refusal to issue a license or registration, as provided under ORS 342.143;(B) Suspension or revocation of a license or registration, discipline of a commission licensee, or suspension or revocation of the right to apply for a license or registration, as provided under ORS 342.175; or(C) Discipline for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553.(2) The commission may appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct the investigation, and the investigator is empowered to issue subpoenas to require the attendance of witnesses or the production of documents over the signature of the executive director of the Teacher Standards and Practices Commission, subpoena witnesses over the signature of the executive director, swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (2).(3) Following completion of an investigation, the executive director or the executive director's designee shall: (a) Forward to the commission a report related to any investigation that concluded that a violation occurred under ORS 342.143, 342.175 or 342.553; or(b) Determine whether to forward to the commission a report related to any investigation not described in paragraph (a) of this subsection.(4) If a report is to be forwarded to the commission as described in subsection (3) of this section, the executive director or the executive director's designee shall report in writing the findings and recommendations to impose disciplinary sanctions to: (a) The commission, meeting in executive session, at its next regular meeting following completion of the investigation; and(b) The person against whom the charge is made, following consideration by the commission.(5)(a) Except as provided in paragraph (b) of this subsection, the documents and materials used in the investigation undertaken as provided by this section and the report related to the investigation are confidential and not subject to public inspection unless the commission makes a final determination to: (A) Refuse to issue a license or registration, as provided under ORS 342.143;(B) Suspend or revoke a license or registration, discipline a commission licensee, or suspend or revoke the right to apply for a license or registration, as provided under ORS 342.175; or(C) Discipline a person for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553.(b) Records made available to the commission under ORS 419B.035 (1)(h) shall be kept confidential.(6) If the commission finds from the report that there is sufficient cause to justify holding a hearing under ORS 342.177, the commission shall notify in writing: (a) The person charged, enclosing a statement of the charges and a notice of opportunity for hearing;(c) The employing district or public charter school, if any.(7) If there is not sufficient cause to justify holding a hearing under ORS 342.177, the commission shall notify in writing:(c) The employing district or public charter school, if any.(8) Notwithstanding ORS 192.660 (6), the commission may make its findings under this section in executive session. However, the provisions of ORS 192.660 (4) apply to the sessions.Amended by 2023 Ch. 131,§ 3, eff. 1/1/2024.Amended by 2021 Ch. 151, § 3, eff. 1/1/2022.Amended by 2017 Ch. 406, § 3, eff. 1/1/2018.Amended by 2015 Ch. 245, § 12, eff. 1/1/2016.1979 c.226 §2; 1987 c.503 §2; 1989 c.149 §1; 1991 c.662 §2; 1997 c.165 §2; 1997 c.594 §2; 2003 c. 524, § 5; 2007 c. 575, § 13; 2009 c. 393, § 2; 2009 c. 706, § 2