Oregon Administrative Rules › Chapter 259 - DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING › Division 12 - OREGON PUBLIC SAFETY ACADEMY › Section 259-012-0035 - Student Suspension or Dismissal from a Mandated Training Course

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Student
			 violations and allegations of student violations of the standards of conduct
			 defined in OAR 259-012-0010  will be reviewed and investigated by the
			 Department.
(2) Upon initiation of
			 any investigation involving a potential violation of the standards of conduct,
			 the Department will notify the student's employing agency.
(3) Upon completion of the investigation, the
			 Department will issue a final report. The report will be forwarded to the
			 student and the employing agency.
(4) Suspension. The Department may
			 immediately suspend a student from a mandated training course when a situation
			 requires immediate action to preserve the integrity or safety of the classroom
			 or training venue. The suspension will remain in effect until a review and
			 investigation has been completed pursuant to section (3). The period of
			 suspension will be considered an unexcused absence from the mandated training
			 course.
(5) Dismissal. The
			 Department may dismiss a student upon completion of an investigation pursuant
			 to section (3) that substantiates a violation of the standards of conduct
			 defined in OAR 259-012-0010. The Department may dismiss a student from the
			 Academy regardless of the student's current enrollment or employment
			 status.
(6) Pursuant to OAR
			 259-008-0300(3)(b)(D), dismissal is conduct subject to discretionary review for
			 denial of training and certification. When a student is dismissed, the
			 Department will open a professional standards case for discretionary review in
			 accordance with the applicable provisions of OAR chapter 259 division 8. The
			 professional standards case review process must be completed to determine the
			 student's eligibility for future training and certification prior to scheduling
			 the student for any additional mandated training.
(7) The student may appeal the dismissal
			 through the Director by submitting a written request within 20 days of the
			 dismissal. The request for appeal may include written mitigation and the
			 student may request to present mitigation to the Director in person.
(8) The Director, or an authorized designee,
			 will review the request for appeal and consider the student's conduct, the
			 facts identified in the final investigation report and any mitigation provided
			 to determine whether to uphold or overturn the dismissal. If the dismissal is
			 upheld, the dismissal is final. If the dismissal is overturned, the Department
			 will close the professional standards case and the student may be scheduled for
			 training. Any course completion or remediation will be scheduled as determined
			 by the Department.
(9) Students who
			 have been dismissed from a mandated training course will not receive credit
			 toward completion of the mandated training course and the Department will not
			 recognize any portion of the mandated training course that was completed by the
			 student prior to the dismissal as satisfying the minimum standards for training
			 and certification.
Statutory/Other Authority: ORS
				  181A.410
Statutes/Other Implemented: ORS
				  181A.410