THIS IS HOW WE DO IT TSPC INVESTIGATIONS

“THIS IS HOW WE DO IT…. ” TSPC INVESTIGATIONS CRISTINA EDGAR AND JEFF VAN LAANEN TEACHER STANDARDS AND PRACTICES COMMISSION

PURPOSE OF THIS SESSION • Provide district and school administrators updates and refresher information on a variety of TSPC Professional Practices topics • Provide district and school administrators an opportunity to participate in a conversation with the TSPC Professional Practices Team – Ask Questions or Seek Clarification • Hear from the TSPC Professional Practices Team

TSPC PROFESSIONAL PRACTICES TEAM Administrative Specialists Legal Liaison Joanne Kandle Patty Sheldon Jeff Van Laanen Investigators Kevin Cooley Cristina Edgar Thomas Fleming Burney Krauger Director of Professional Practices Trent Danowski

REGIONAL INVESTIGATORS Cristina Edgar (503) 378 -3759 Thomas Fleming (503) 378 -6627 Kevin Cooley (503) 373 -7780 Assigned to Available Investigator Non-Regional Investigator: Burney Krauger (503) 373 -0981 TSPC Legal Liaison: Jeff Van. Laanen (503) 373 -1192

PLEASE PRESERVE CONFIDENTIALITY • Presenters cannot address questions regarding the status of a specific pending or ongoing case / investigation, in a public setting. • Please phrase questions or statements to maintain CONFIDENTIALITY of any educators involved. • Suggest using hypothetical scenarios and generic titles to frame your questions or statements – i. e. “Educator” / “Administrator” / “Coach” / Etc.

LEGAL MANDATES AND RESPONSIBILITIES • TSPC is required by State Law to investigate any and all complaints that may constitute grounds for “Discipline”, ORS 342. 176 – Always reviewing process for improvement • Superintendent is mandated to report to TSPC by Administrative Rule OAR 584 -020 -0041(3) when: – Reasonably believes – Gross Neglect of Duty – Gross Unfitness

LEGAL MANDATES CONT… NEW LAW • House Bill 3351 Effective January 1, 2018: ORS 342. 176 is amended to read: • 342. 176. (1)(a) A person may file a complaint with the Teacher Standards and Practices Commission regarding a person licensed by the commission. (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. (c) After receiving sufficient verification as provided by paragraph (b) of this subsection, the Teacher Standards and Practices Commission shall promptly undertake an investigation upon receipt of a complaint or information that may constitute grounds for….

WHAT’S THE EFFECT OF HB 3351? • Patron complaints are reviewed by investigators and the Director of Professional Practices to determine the following: Is this a child safety issue? If yes, then proceeds directly to investigation Has the patron attempted to resolve their concern/allegation through the local district’s complaint process? (Verification required) • If the patron complaint meets the criteria for House Bill 3351, the complaint will be categorized as “inactive. ” The matter will be referred back to the patron with instructions on their obligation to attempt to resolve the matter at the local level and/or provide verification this has been done.

WHEN TO REPORT TO TSPC • OAR 584 -020 -0041 - (In part) A chief administrator will report to the Executive Director within thirty (30) days the name of any person described in subsection (2) above, when the chief administrator reasonably believes the person may have committed any act which may constitute any of the following acts of gross neglect of duty under OAR 584 -020 -0040(4), subsections (a) to (s) or any of the designated acts of gross unfitness listed under OAR 584 -0200040(5), subsection (a) to (e). • This rule includes licensed educators who may not be employed in your district. • You have time, and are expected to complete at least a preliminary investigation before reporting to the Commission. Generally one cannot determine “reasonable belief” that “gross neglect of duty” or “gross unfitness” occurred until the local investigation has been conducted. • Prematurely reporting to the Commission can increase backlogs, delay completion, draws resources away from other critical investigations, and can

WHEN TO REPORT (CONTINUED) v. If in doubt, contact your regional investigator or other TSPC professional practices representative. v. The Commission can only take action on the educators license. TSPC cannot resolve employment issues or remove an educator from a classroom / school. v. DUII’s and other substance related issues - The educator is required to report these issues to TSPC upon renewal of license. If no nexus to teaching exists, this is not generally reportable. v. A good rule of thumb, if the district is not taking any disciplinary action, then generally TSPC won’t either. v. Time to share. Who is responsible for reporting to TSPC in your district? v Remember to “Show your work” when deciding not to report.

THE LOCAL SCHOOL DISTRICT’S INVESTIGATION TSPC ADVICE ON LOCAL INVESTIGATIONS

PRIORITY ONE Establish clear local policies and procedures for investigating alleged misconduct. Consistently follow your policies and provide training to those responsible for conducting investigations.

TIPS FOR INVESTIGATIONS • Understanding Student Victims – Why Students don’t report. Student article “Abused and Afraid” April 2, 2018 The Cardinal Times, Lincoln HS / PPS • https: //cardinaltimes. org/12091/news/abused-and-afraid/ • Be thorough in documentation – Who, what, when, where, how and Why. • When taking notes indicate date, who the note taker is and mentioned/involved. • Summarize findings and/or final action taken. Random documents don’t always lead to a clear picture. • Ask open ended questions. Avoid yes or no questions. • Follow up questions! Don’t just use a script, be prepared to follow the information. • Record interviews when able. • Take pictures of the scene or injury. • Document, Document. • Surreptitiously obtained recordings.

EXAMPLE: TEACHER SUSPECTED OF BEING UNDER THE INFLUENCE AT SCHOOL • Secure Physical Evidence - alcoholic beverage, cup, water bottle, pill bottle, baggie, breathalyzer or other lab results etc. • Photograph the scene of the event - condition of teacher, where evidence found, blackboard. • Document what happened - date &time, how you became aware, glassy eyes, slurred speech, unsteady, offered sobriety test, test administration information, test results, etc. • Make a list of potential witnesses - witnessed the teacher’s conduct, who smelled the beverage, who administered the test, etc. • Conduct and document interviews. Write a report.

SCENARIO 2 - BOUNDARIES • Student, Peggy reports to her school counselor, Mr. Smith, that her teacher, Ms. Robinson makes her feel uncomfortable. Peggy alleges that Ms. Robinson stands too close, sends her text messages and shows excessive interest in Peggy’s personal life. • What are some steps you might take?

YOU MIGHT CONSIDER • Ensure Mr. Smith documented conversation with Peggy. • Is there a duty to report to DHS/Law Enforcement? DHS does not investigate allegations of third party abuse so in this scenario more appropriate to LEA. (follow LEA guidance) • What evidence exists? Text message records, other social or digital media, hand written notes, gifts, and messages or other digital media between Peggy and her friends. • Witnesses – Anyone Peggy may have shared information with or persons who may have seen situations or evidence. • Review personnel file for previous concerns/discipline. • Conduct interviews with Peggy, identified witnesses, and finally Ms. Robinson. (document) • Document phone numbers (What is Peggy’s number? What is Ms. Robinson’s

QUESTIONS

HOW TO REPORT MISCONDUCT • The change to the TSPC Misconduct Reporting System was announced in the April 29, 2016 Oregon TSPC Newsletter. • Districts are encouraged to review the School District Misconduct Reporting Guide. • In order to provide a more standardized and efficient system of reporting, Districts are required to submit reports of misconduct on the School District Misconduct Report Form. • When completing the School District Misconduct Report Form, please make sure to provide a brief description of the misconduct that occurred and not the OAR the misconduct pertains to. • Please submit your completed form and attachments in PDF format by email to complaints. tspc@oregon. gov. – Email submissions, while not encrypted, are confidential. Only select and appropriate TSPC staff have access to complaints emailed to complaints. tspc@Oregon. gov.

SCHOOL DISTRICT MISCONDUCT REPORTING GUIDE

SCHOOL DISTRICT MISCONDUCT REPORT FORM

REPORTS OF FAILURE TO PROVIDE 60 DAYS NOTICE • Districts may report educators to TSPC for failure to provide sixty (60) days notice or resignation. (Reports are discretionary not mandatory) • 584 -050 -0020 Suspension for Resignation in Violation of Contract • (1) If a school board charges a teacher with violation of a contract under ORS 342. 553, for failure to provide sixty days' notice upon or at the time of resignation, the Board must submit all of the following documents: • (a) A copy of the Board's resolution containing the teacher's notice of resignation and the Board's request for suspension of licensure; • (b) A copy of the teacher's contract; • (c) A copy of the applicable collective bargaining agreement; • (d) A statement from the superintendent describing the provisions of the agreement for resignations; and • (e) A statement from the superintendent attesting that the administration made it clear to the educator upon request for resignation that the district may submit the failure to provide 60 -day notice to TSPC for consideration of discipline. • (2) A teacher who signs a contract renewal notice will be considered to have accepted the contract to teach the following year.

YOU’VE SUBMITTED A REPORT. WHAT HAPPENS NEXT?

DETERMINATION OF CASE PRIORITY • Student Safety – Sex Abuse (touching, inappropriate relationships, child abuse) – Boundaries (inappropriate comments, sharing text messages, etc. ) – Assault (using excessive force on a student) • Drugs / Alcohol & Mental Fitness • Failure to Report (child abuse) • Internet (pornography) • Conduct with Adult (sexual harassment, affairs with colleagues, etc. ) • Age of Case

8. 73% 18. 25% 63. 49% Average Sample of Current Case Load 9. 52% Priority Cases, by current priority system 14% Sex Abuse Assault Boundary 11% other cases 48% Percentage of Top 3 Priority Cases 11% 7% 7% Sex Abuse Assault Boundary Drugs/Alcohol 2% Pornography Conduct w/Adult non-priority

TSPC INVESTIGATIVE PROCESS Professional Practices Cases: -District Report -Patron Complaint -Information (News) -Internal -NASDTEC hits Complaint/Report/Info Received Case assigned to Investigator (by region) Executive Director considers investigation report– makes recommendation to the Commission at the next Executive Session Investigation conducted based on urgency. -Evidence collected -Interview w/educator -Interview w/witnesses -Interview w/school (district personnel) Investigation report generated Commission Meeting in Executive Session Evidence sufficient to recommend charging Charge educator with violating professional practices Evidence insufficient to recommend charging Dismiss complaint/report and take no further action Settlement Agreements (Stipulated Orders) Accept stipulated settlement agreement imposing disciplinary sanction Investigation Strategy Factors Affecting Time to Close an Investigation: -Workload -Availability of educator and educator’s attorney (responsiveness) -Travel to districts statewide to collect evidence -Negotiations with defense attorneys regarding possible settlement -”Age” of events (years/months/weeks) -Actions pending in other agencies; Fair Dismissal Board, Criminal/Civil court, etc… -Other

COMMISSION’S FACTORS FOR IMPOSING DISCIPLINE The Executive Director or designee makes a recommendation to the Commission. This is only a recommendation and the Commission can and does make alternate decisions. • 584 -020 -0045 Factors for Imposing Disciplinary Sanctions • The Commission may consider one or more of the following factors, as it deems appropriate, in its determination of what sanction or sanctions, if any, should be imposed upon a finding that an educator has violated any standard set forth in OAR 584 -020 -0040: • (1) If the misconduct or violation is an isolated occurrence, part of a continuing pattern, or one of a series of incidents; • (2) The likelihood of a recurrence of the misconduct or violation; • (3) The educator's past performance; • (4) The extent, severity, and imminence of any danger to students, other educators, or the public; • (5) If the misconduct was open and notorious or had negative effects on the public image of the school; • (6) The educator's state of mind at the time of the misconduct and afterwards; • (7) The danger that students will imitate the educator's behavior or use it as a model; • (8) The age and level of maturity of the students served by the educator; • (9) Any extenuating circumstances or other factors bearing on the appropriate nature of a disciplinary sanction; or • (10) To deter similar misconduct by the educator or other educators.

What happens following a commission vote to charge an educator with violation of professional practices? Legal notice of right to a hearing sent to educator and employing school district - - signed and dated Educator has 21 days from the date on the Notice to request a hearing No response from educator Default Order Commission Review Information Only Also a public document Educator requests a hearing Case settled through negotiations before hearing Possible Commission Actions: Public Reprimand Suspension Probation Revocation Letter of Reproval (confidential) ALJ hears case; finds facts; makes recommendations to Commission. Drafts proposed order Case referred to Office of Administrative Hearings by DOJ Commission considers proposed order. Accepts or Modifies Final Order drafted by AAG. Commission adopts Final Order Commission reviews and accepts or denies stipulated order Post-Commission Meeting Process Order becomes Final and Public

QUESTIONS

CURRENT TRENDS

REPORTS AND COMPLAINTS RECEIVED Source of Investigations 180 158 160 140 120 District Patron Internal 123 109 96 100 80 60 31 40 31 36 36 20 6 0 2016 2017 On average from 2006 -2013 TSPC received 256 cases/year In 2016 TSPC received 263 and 2017 TSPC received 285 2018

COMMON TRENDS IN CASES REPORTED TO TSPC • Social Media / Teacher Boundary Violations • Student Restraint / Excessive Use of Force • Falsification of Official Records • Improper Conduct with Colleagues or Subordinate Staff

QUESTIONS