- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 12-28-2017
- Case #: A160323
- Judge(s)/Court Below: DeHoog, P.J. for the Court; Egan, J.; & Aoyagi, J.
- Full Text Opinion
Respondent sought judicial review of a final order that revoked his teaching and administrator licenses. Respondent assigned error to the Teacher Standards and Practices Commission (TSPC) finding that the Respondent had committed “gross neglect of duty in violation of OAR 584-020-0040(4)(n)” when he failed to investigate concerns from a teacher’s aid about activities a teacher engaged in with a student. Respondent argued that there wasn't substantial evidence to support the TSPC’s finding. TSPC may revoke or suspend a teaching or administrative license, under ORS 342.175(1)(b), if it is based on “’[g]ross neglect of duty:” a breach or substantial deviation of professional duty or responsibilities. ORS 342.175(1)(b); OAR 584-020-0040(4)(n). The Court of Appeals held that the TSPC did not articulate how Respondent’s behavior was a breach or deviation from responsibility, but instead, found gross neglect of duty based on assumption. There were no facts or establishment of a standard to support its finding. Reversed and remanded.