Section 339.390 - Investigations by Teacher Standards and Practices Commission of persons who are commission licensees; timeline; findings; rules(1)(a) When the Teacher Standards and Practices Commission receives a report of suspected sexual conduct that may have been committed by a commission licensee, the commission shall immediately initiate an investigation.(b) An investigation and final determination related to a report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report was filed with the commission.(c) Notwithstanding paragraph (b) of this subsection, the prescribed timeline for an investigation and final determination may be extended if, for good cause, a longer period of time is necessary.(2) The commission shall appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct an investigation. An investigator appointed under this subsection is empowered to:(a) Issue subpoenas to require the attendance of witnesses or the production of documents;(b) Subpoena witnesses; and(c) Swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (2).(3)(a) Following the completion of an investigation, the investigator shall report in writing the findings and recommendations to the executive director of the Teacher Standards and Practices Commission. The executive director or the executive director's designee shall forward to the commission the report for any investigation that concluded that a violation occurred.(b) If, based on the findings, the executive director believes there is an immediate threat to a student, the executive director shall request that the commission meet in executive session.(4) The executive director or the investigator shall report in writing the findings and recommendations to impose disciplinary sanctions to the commission. The commission shall decide if there is sufficient cause to justify holding a hearing under ORS 342.177.(5) If the commission finds 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;(b) The student and, if applicable, the student's parents;(c) The education provider; and(d) The person who provided the report of suspected sexual conduct.(6) If there is not sufficient cause to justify holding a hearing under ORS 342.177, the commission shall notify in writing:(b) The student and, if applicable, the student's parents;(c) The education provider; and(d) The person who provided the report of suspected sexual conduct.(7)(a) The documents and materials used in the investigation undertaken under this section, and the report related to the investigation, are confidential and not subject to public inspection: (A) Unless the commission makes a final determination to discipline a commission licensee, as provided under ORS 342.175.(B) Except as provided by paragraphs (b) to (d) of this subsection.(b) Documents, materials and reports that are confidential under paragraph (a) of this subsection may be disclosed to an entity listed in paragraph (c) or (d) of this subsection only as provided by this subsection and rules adopted by the commission. The entity that receives documents, materials or reports must maintain their confidentiality unless disclosure is allowed or required under this section or other state or federal law.(c) To the extent allowed by state and federal law, the commission shall make available any documents, materials and reports that are confidential under paragraph (a) of this subsection to:(A) A law enforcement agency or the Department of Human Services for the purpose of conducting an investigation under ORS 419B.005 to 419B.050; or(B) The Department of Education for the purpose of conducting an investigation under ORS 339.391.(d)(A) The commission shall make available the commission's investigative report to: (i) An education provider for the purpose of the education provider taking any disciplinary actions or making changes in the employment relationship or duties of the commission licensee; and(ii) The commission licensee who is the subject of the report.(B) The commission must redact the executive director's recommendation from the report made available under this paragraph.(C) A commission licensee who receives a report under this paragraph may share the report with the person's attorney or union representative. An attorney or union representative who receives a report under this subparagraph must maintain the report's confidentiality unless disclosure is allowed or required under this section or other state or federal law.(e) The commission shall retain documents and materials related to any report received under this section, regardless of whether the commission found sufficient cause to justify holding a hearing under this section.(8) Notwithstanding ORS 192.660 (6), the commission may make its findings under this section in executive session. The provisions of ORS 192.660 (4) apply to executive sessions held pursuant to this subsection.(9) The commission shall adopt any rules necessary for the administration of this section, including a process to appeal the findings of the commission under this section.Amended by 2023 Ch. 131,§ 4, eff. 1/1/2024.Amended by 2021 Ch. 151, § 8, eff. 1/1/2022.Amended by 2021 Ch. 391, § 3a, eff. 6/23/2021.