State of Oregon: Investigation of Educator Misconduct Occurring Within Schools Trent Danowski, Deputy Director Oregon Teacher Standards and Practices Commission Kevin Cooley, Investigator Oregon Teacher Standards and Practices Commission

TSPC A Brief Overview

The TSPC Commission At the head of the Oregon Teacher Standards and Practices Commission is a Commission of education stakeholders appointed by the governor and confirmed through the state senate The Commission is comprised of 17 persons, the majority of whom are active teachers, principals, and superintendents in Oregon When TSPC sanctions an educator’s license, the sanction is issued by the Commission after consideration of a completed TSPC investigation report.

TSPC Professional Practices / Investigations Unit Administrative Specialists Legal Liaison Connie Bock Jeff Van Laanen Joanne Kandle Patty Sheldon Investigators Director of Professional Practices Kevin Cooley Trent Danowski Cristina Edgar Lincoln Hathaway Burney Krauger

REGIONAL TSPC INVESTIGATORS Cristina Edgar (503) 378-3759 Lincoln Hathaway (503) 378-6627 Kevin Cooley (503) 373-7781 School District Specific Non-Regional Investigator: Burney Krauger (503) 373-0981 TSPC Legal Liaison: Jeff VanLaanen (503) 373-1192 School and District Leaders are encouraged to contact their assigned TSPC investigator if you have questions about what to report, when to report, or how to report an incident to TSPC. TSPC investigators are also eager to advise administrators on how to conduct an effective school or district-level investigation of an allegation.

What Do You Think? Approximately What Percentage of TSPC Investigations Result in a Licensure Sanction by the Commission? A)20% B)35% C)50% D)75% E)85% Answer: C (50%) Past trends demonstrate that typically around 50% of the investigation cases which go before the TSPC Commission for consideration are dismissed, resulting in no punishment for the educator.

TSPC Cases At-A-Glance

Conducting Investigations Suggested Strategies for Conducting an Investigation

Investigations Establish a process and follow it. SOPs Consistency Make a plan; investigate; document; prepare report; be flexible. Scope Resources Time Consider the possible outcomes.

Planning the Investigation What is alleged to have occurred? What evidence might be available? Where and how can evidence be collected? Who will be interviewed? Make a list. Complainant/best source Witnesses Experts Person alleged to have done something wrong

Planning the Investigation What other resources are needed/available? Do other agencies need to be notified? Other actions required by school or district?

Conducting the Investigation Interviews: What is the purpose of this interview Make an interview plan (key questions) Segregate witnesses when possible Prepare the interview area Conduct one-on-one interviews, no groups Record the interview Time constraints Build rapport Garrity Rights

Conducting the Investigation Interviews Continued: Let them explain Clarify details Follow up questions (open ended) Leads (Who else?) Review Availability to talk again Contact information Thank them Witness statement

Conducting the Investigation Interviews Continued: Always ask - Is there anything else?

Conducting the Investigation Actions: Collect physical evidence Paper documents Digital documents Other digital material Emails Screenshots Video Take photographs Other physical evidence

Conducting the Investigation Note taking: Include note taker’s name, date & time, location and names of other persons present Review notes Type summary of notes (keep handwritten notes) Make a chronologic account of investigative actions

Conducting the Investigation Prepare a Report or Summary of Findings: Who is the report for? What has been found? What will be the result of these findings? No action Directives Plan of Assistance Separation or intent to terminate

The TSPC Investigation What Schools and School Districts Should Know and Expect

TSPC PRELIMINARY INVESTIGATION PROCESS Case Entered in Database Case Assigned (By Region) Prioritize Case by Severity Notify Educator of Investigation Interview Educator (Recorded) Notify Educator for Interview Conduct Investigative Actions ** Subpoena/ Request Documents Conduct Follow-up Actions ** Prepare Report and Exhibits Submit Case for Exec. Dir. Recomm. Commission Meeting for Action. * All cases begin as Tier I investigations. If at any point in the investigation it is determined there is no violation of TSPC rules or no evidence to support the allegations, the investigator can present the information at an Investigators Meeting for consensus as a Tier II case. A Tier II case has an abbreviated report and possibly an abridged investigation. ** Investigative actions can include: online research, interviews, obtaining and analyzing phone records, reviewing video footage, creating timelines, requesting and reviewing court records and law enforcement reports, site visits, TSPC database research, consult with DOJ, issuing additional subpoenas and other actions as required.

Documents for TSPC NONE* Use the field provided on the online form. You’re preparing a School District Misconduct Report for TSPC. What additional documents do you need to submit with the report? NONE* Use the field provided on the online form. Brevity is appreciated. * 60 Days’ Notice is the exception

Documents for TSPC You receive a subpoena from TSPC. What do you need to provide? The third paragraph in the body describes what is typically needed, copies of, “All complaints, investigations, investigation notes and related documents and recordings in any personnel and working file...” There are occasions when student records are requested because of the student’s role in the report or complaint. (FERPA and HIPAA Concerns).

Documents for TSPC You receive a subpoena from TSPC. What do you need to provide? The third paragraph in the body, describes what is not needed. Typically, “Basic personnel documents like payroll, contracts and other non-investigative materials…” Sometimes this information is asked for (e.g. violation of the 60 days’ notice rule)

Documents for TSPC Kevin Cooley: 503-373-7781 Still not sure? Call the investigator and clarify! Kevin Cooley: 503-373-7781 Cristina Edgar: 503-378-3759 Lincoln Hathaway: 503-378-6627

Questions? Thank you for your time!