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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
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TSPC A Brief Overview
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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.
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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
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REGIONAL TSPC INVESTIGATORS
Cristina Edgar (503) Lincoln Hathaway (503) Kevin Cooley (503) School District Specific Non-Regional Investigator: Burney Krauger (503) TSPC Legal Liaison: Jeff VanLaanen (503) 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.
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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.
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TSPC Cases At-A-Glance
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Conducting Investigations
Suggested Strategies for Conducting an Investigation
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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.
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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
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Planning the Investigation
What other resources are needed/available? Do other agencies need to be notified? Other actions required by school or district?
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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
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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
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Conducting the Investigation
Interviews Continued: Always ask - Is there anything else?
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Conducting the Investigation
Actions: Collect physical evidence Paper documents Digital documents Other digital material s Screenshots Video Take photographs Other physical evidence
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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
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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
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The TSPC Investigation
What Schools and School Districts Should Know and Expect
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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.
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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
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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).
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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)
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Documents for TSPC Kevin Cooley: 503-373-7781
Still not sure? Call the investigator and clarify! Kevin Cooley: Cristina Edgar: Lincoln Hathaway:
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Questions? Thank you for your time!
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