OAR Chapter 265 — Commission on Statewide Law Enforcement Standards of Conduct and Discipline

Division 1 Procedural Rules

Or. Admin. R. 265-001-0001 Model Rules of Procedure

Pursuant to ORS 183.341, the Commission adopts the Attorney General’s Model Rules of Rulemaking under the Administrative Procedures Act as amended and effective March 1, 2022.

History

• Statutory/Other Authority: ORS 243.812 (12)
• Statutes/Other Implemented: ORS 243.812 (12)
• CSLES 1-2022, adopt filed 03/28/2022, effective 03/28/2022

Or. Admin. R. 265-001-0005 Notice of Proposed Rules

Prior to adoption, amendment or repeal of any permanent rule, the Commission shall give notice of the intended action:

(1) In the Secretary of State's bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule;

(2) By mailing or e-mailing a copy of the Notice to persons on the mailing list established pursuant to ORS 183.335 (8) at least 28 days prior to the effective date of the rule;

(3) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and

(4) By mailing, e-mailing, or furnishing a copy of the notice to the following at least 28 days prior to the effective date of the rule:

(a) The Associated Press;

(b) The Capitol Press Room;

(c) Each District Attorney in the state;

(d) Each Sheriff in the state;

(e) Each Chief of Police in the state;

(f) The Superintendent of the Oregon State Police;

(g) The Director of the Oregon Department of Corrections; and

(h) Each civilian or community oversight board, agency, or review body as defined in ORS 243.812(15)(b).

History

• Statutory/Other Authority: ORS 243.812 (12)
• CSLES 1-2024, amend filed 02/05/2024, effective 02/05/2024
• CSLES 4-2022, adopt filed 06/30/2022, effective 06/30/2022
• CSLES 3-2022, temporary adopt filed 03/28/2022, effective 03/28/2022 through 09/23/2022

Or. Admin. R. 265-001-0010 Public Records Requests

(1) A request to inspect or obtain copies of a public record or information from public records shall be made in writing and must include the following information:

(a) Name, address, email address, and telephone number of the requester; and

(b) A specific description of the records requested and time period records were produced.

(2) The Commission will charge fees pursuant to ORS 192.324 and the Oregon Department of Administrative Services Standardized Public Records Requests Fees and Charges Statewide Policy 107-001-030 and ensure that all charges reflect no more than the actual cost to the Commission of producing and processing the public records request. This includes fees for:

(a) Staff time necessary to identify, locate, summarize or compile the record as requested;

(b) Attorney fees and staff time associated with the screening of materials or redacting information that is exempt from disclosures

(c) Supervision of on-site inspection of the public record by the requester;

(d) Customary fee per page or other media for reproduction, handling and assembling of copies to be provided; and

(e) Postage or similar expenses and special supplies or services necessary to furnish the records.

(3) The requester must pay all fees for access of a public record in advance.

History

• Statutory/Other Authority: ORS 243.812 (12)
• CSLES 4-2022, adopt filed 06/30/2022, effective 06/30/2022
• CSLES 3-2022, temporary adopt filed 03/28/2022, effective 03/28/2022 through 09/23/2022

Division 5 General/Definitions and Policy

Or. Admin. R. 265-005-0001 Definitions

(1) “Assault” has the meaning given that term in ORS 163.115.

(2) “Civilian or community oversight board, agency or review body” has the meaning given that term in ORS 243.812.

(3) “Controlled Substance” has the meaning given that term in ORS 475.005.

(4) “Deadly physical force” has the meaning given that term in ORS 161.015.

(5) “Disciplinary action” means a personnel action against a law enforcement officer in the form of a written reprimand, suspension without pay, reduction in salary, demotion, or termination of employment upon a finding that the law enforcement officer engaged in misconduct.

(6) “Disciplining body” means a law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body.

(7) “Domestic violence” has the meaning given that term in ORS 135.230.

(8) "Excessive Force" means violation of the law enforcement agency's policy regarding the application of constitutionally permissible force.

(9) "Exclusive representative" has the meaning given that term in ORS 243.650(8).

(10) “Finding” means a final determination by the decision maker of a disciplining body that a law enforcement officer has engaged in misconduct for which the decision maker making the determination has authority to impose disciplinary action.

(11) "Intentionally” or "with intent," when used with respect to misconduct described by a rule, means that a person acts with a conscious objective to cause the result or to engage in the conduct so described.

(12) “Justification” means a justifiable use of physical or deadly physical force pursuant to ORS 161.205 to ORS 161.267.

(13) “Just Cause” has the meaning given that term in ORS 236.350.

(14) "Knowingly" or "with knowledge," when used in this rule means that a person acts with an awareness that the conduct of the person is of a nature so described or that a circumstance so described exists.

(15) “Law enforcement agency” has the meaning given that term in ORS 243.812.

(16) “Law enforcement officer” has the meaning given that term in ORS 243.812.

(17) “Misconduct” means conduct that violates state, tribal or federal law or the policies of the law enforcement agency employing the law enforcement officer, or that subjects the law enforcement officer to disciplinary action under these rules.

(18) “Misuse of authority for financial gain” occurs when a law enforcement officer’s vote, opinion, judgment, action, decision or exercise of discretion is influenced by the officer’s solicitation or acceptance of a financial benefit for the officer or a third person. This rule does not apply to agency-approved fundraising activities.

(19) “Misuse of authority by soliciting or engaging in sexual acts or favors of a sexual nature” occurs when a law enforcement officer, within the scope of their employment, exercising police powers or stemming from a law enforcement encounter or action, solicits or engages in sexual acts or favors of a sexual nature from another individual, including, but not limited to, a person detained or in custody, victim, witness, or person associated with a law enforcement encounter. This conduct includes, but is not limited to, soliciting acts or favors of a sexual nature for the benefit of themself (or other), or action in exchange for leniency, forbearance, or other benefit given to the individual as related to a law enforcement action, process, or consequence. This definition is broadly construed. This definition is not intended for circumstances of consensual relationships without misuse of authority. A person detained in custody cannot provide consent.

(20) “Moral Character” means performing the duties of a law enforcement officer in a manner that demonstrates honesty, fairness, and respect for the rights of others and for the laws of the state and the nation.

(21) "Non-Disciplinary Corrective Actions" means an action taken by a disciplinary body in lieu of disciplinary action to assist the officer in improving the officer's performance or conduct, and may include, but is not limited to, an informal discussion, coaching, counseling, training, warning, or letter of expectation.

(22) “Physical Force” has the meaning given that term in ORS 161.015.

(23) “Physical Injury” has the meaning given that term in ORS 161.015.

(24) "Recklessly," when used with respect to a result or to a circumstance described by a rule, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

(25) “Serious Physical Injury” has the meaning given that term in ORS 161.015.

(26) “Sexual assault” has the meaning given that term in ORS 243.317.

(27) “Sex crime” has the meaning given that term in ORS 163A.005.

(28) “Sexual Harassment” has the meaning given that term in OAR 839-005-0030.

(29) “Stalking” means engaging in conduct constituting the crime of stalking in ORS 163.732.

(30) “Untruthfulness” means being dishonest or untruthful in a manner that reflects adversely on the ability of a law enforcement officer to perform their official duties, which includes knowingly or willfully: making false statements, falsifying work-related records or official documents, omitting material facts or material information, or answering questions or providing information in a manner that is incomplete, evasive, deceptive, or misleading. A statement is not considered untruthful when the officer reasonably believes that deception (i) is necessary due to the nature of the officer’s assignment, such as an undercover assignment; (ii) is necessary to acquire information for a criminal investigation, or (iii) to protect the officer or others from an articulable threat. The use of deception in these circumstances must be for a specific and legitimate law enforcement purpose.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 1-2026, amend filed 08/10/2026, effective 08/10/2026
• CSLES 1-2024, amend filed 02/05/2024, effective 02/05/2024
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-005-0005 Application of Oregon Revised Statutes

These rules are subject to the Oregon Revised Statutes, including but not limited to ORS 243.808, 236.350, and 243.706.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-005-0010 Burden of Proof

(1) For any collective bargaining agreement entered into or renewed on or after July 1, 2021, for all disciplinary actions imposed upon a law enforcement officer, a disciplining body has the burden to prove by a preponderance of evidence that the officer engaged in misconduct and that any disciplinary action taken against the officer was with just cause as defined by ORS 236.350.

(2) No collective bargaining agreement entered into or renewed on or after July 1, 2021, may include a standard of just cause for law enforcement officers other than the standard as defined in ORS 243.808 and 236.350.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 6-2022, minor correction filed 10/04/2022, effective 10/04/2022
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-005-0015 Disciplinary Action for Misconduct Not Identified By These Rules

Upon a finding of misconduct not specifically identified within these rules, a disciplining body may take disciplinary action pursuant to the employing law enforcement agency’s policies and practices so long as the disciplinary action is consistent with these rules.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-005-0020 Multiple Instances of Misconduct; Arbitrary and Capricious Discipline

(1) For purposes of an arbitration proceeding concerning multiple instances of alleged misconduct by a law enforcement officer, if the arbitrator finds that a disciplining body has not met its burden of proof by a preponderance of the evidence to show that:

(a) The officer engaged in one or more of the instances of alleged misconduct, or

(b) That the disciplinary action taken against the officer was with just cause, as defined in ORS 236.350, for one or more of the instances of misconduct, the arbitrator must rescind the disciplinary action imposed on those allegations of misconduct and refer the matter back to the disciplining body.

(2) The disciplining body may, at its discretion, amend the disciplinary action on any instances of misconduct upheld by the arbitrator.

(3) In determining the reasonableness of a disciplinary action imposed by a disciplining body, including the appropriateness of the discipline imposed, the arbitrator shall rescind the discipline imposed and refer the matter back to the disciplining body if the arbitrator finds that the disciplinary action was arbitrary and capricious.

(4) Nothing in this rule precludes the exclusive representative of the law enforcement officer from continuing the arbitration proceeding regarding a disciplinary action imposed after the referral by the arbitrator.

(5) An arbitrator who refers a matter back to the disciplining body under paragraph (1) or (3), shall retain jurisdiction over any arbitration proceeding initiated under paragraph (4).

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-005-0025 Incorporation of Rules

All disciplining bodies shall adopt policies incorporating these rules. The failure of a disciplining body to adopt policies incorporating these rules does not impair the application of these rules.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-005-0030 Application of Aggravating and Mitigating Factors

(1) A disciplining body shall impose the presumptive sanction required by these rules unless it finds that one or more of the aggravating or mitigating factors enumerated in OAR 265-015-0035 justifies a departure from the presumptive sanction.

(2) If the disciplining body determines that a mitigated sanction is justified, it shall impose a sanction that is no less than the mitigated sanction for the specific instance of misconduct but may impose a sanction that is no more than the presumptive sanction.

(3) Except when the presumptive sanction for misconduct is termination, if the disciplining body determines that an aggravated sanction is justified, it shall impose a sanction that is no more than the aggravated sanction for the specific instance of misconduct but may impose a sanction that is no less than the presumptive sanction.

(4) A disciplining body shall not apply an aggravating or mitigating factor if the factor is already included in determining whether misconduct occurred (example: intentionality).

(5) A disciplining body has the discretion to impose mitigated or aggravated sanctions as permitted by these rules. A disciplining body shall document its reasoning, including whether it found aggravating or mitigating factors and the relative weight it gave to each factor, for imposing a disciplinary action other than the presumptive sanction.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Division 10 Discipline Standards for Misconduct

Or. Admin. R. 265-010-0001 Sexual Assault

(1) A disciplining body shall impose upon a law enforcement officer disciplinary action of termination upon a finding that the officer engaged in conduct constituting an act of sexual assault that constitutes a sex crime as defined in ORS 163A.005.

(2) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following range upon a finding that the officer engaged in misconduct constituting unwanted conduct of a sexual nature that does not constitute a sex crime.

(a) The presumptive sanction shall be salary reduction, demotion or suspension without pay.

(b) The mitigated sanction shall be a written reprimand.

(c) The aggravated sanction shall be termination.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 1-2026, amend filed 08/10/2026, effective 08/10/2026
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-010-0005 Sexual Harassment

A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting sexual harassment:

(1) The presumptive sanction shall be demotion, suspension without pay, or salary reduction.

(2) The mitigated sanction shall be a written reprimand.

(3) The aggravated sanction shall be termination.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-010-0010 Assault

(1) A disciplining body shall impose upon a law enforcement officer the disciplinary action of termination upon a finding that the officer engaged in misconduct constituting an act of intentional or knowing assault without justification.

(2) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting an act of reckless assault without justification:

(a) The presumptive sanction shall be termination.

(b) The mitigated sanction shall be demotion, salary reduction, suspension without pay, or a written reprimand.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 1-2026, amend filed 08/10/2026, effective 08/10/2026
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-010-0015 Unjustified or Excessive Use of Physical or Deadly Force

(1) A disciplining body shall impose upon a law enforcement officer disciplinary action of termination upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of deadly physical force by the officer. For the purposes of this rule, the use of "deadly physical force" must be both readily capable of causing death or serious physical injury and intentional, knowing, reckless or criminally negligent.

(2) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of physical force by the officer that results in death or serious physical injury:

(a) The presumptive sanction shall be termination.

(b) The mitigated sanction shall be suspension without pay, salary reduction, or demotion.

(3) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of physical force by the officer that results in physical injury:

(a) The presumptive sanction shall be suspension without pay, salary reduction, or demotion.

(b) The mitigated sanction shall be written reprimand.

(c) The aggravated sanction shall be termination.

(4) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of physical force by the officer that results in no injury:

(a) The presumptive sanction shall be suspension without pay or salary reduction.

(b) The mitigated sanction shall be written reprimand or non-disciplinary corrective action.

(c) The aggravated sanction shall be demotion or termination.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 1-2026, amend filed 08/10/2026, effective 08/10/2026
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-010-0020 Conduct that is Motivated by or Based on a Real or Perceived Factor of an Individual’s Race, Ethnicity, National Origin, Sex, Gender Identity, Sexual Orientation, Religion, or Homelessness

(1) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct in violation of statutory or constitutional law by intentionally targeting an individual for a suspected violation of law based solely on the individual’s real or perceived race, ethnicity, national origin, sex, gender identity, sexual orientation, religion, or homelessness:

(a) The presumptive sanction shall be termination.

(b) The mitigated sanction shall be suspension without pay, salary reduction or demotion.

(2) It is not misconduct under this rule if the law enforcement officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-010-0025 Moral Character

(1) For the purposes of this rule, lack of good moral character means conduct constituting:

(a) A felony under state or federal law

(b) Domestic violence

(c) Stalking

(d) A drug-related offense, except for offenses involving use or possession of marijuana

(e) A bias or hate crime under state or federal law

(f) A sex crime

(g) Untruthfulness

(h) Misuse of authority for financial gain

(i) Misuse of authority by soliciting or engaging in sexual acts or favors of a sexual nature

(2) If a law enforcement officer is convicted of a crime based on conduct identified in subsection (1) of this rule, proof of the conviction is conclusive evidence that the conduct occurred.

(3) A disciplining body shall impose upon a law enforcement officer disciplinary action of termination upon a finding that the officer engaged in misconduct demonstrating a lack of good moral character.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 1-2026, amend filed 08/10/2026, effective 08/10/2026
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-010-0030 The Use of Drugs or Alcohol While on Duty

(1) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the law enforcement officer engaged in misconduct by unlawfully using a controlled substance while on duty.

(a) The presumptive sanction shall be termination.

(b) The mitigated sanctions shall include suspension without pay, a salary reduction, or demotion.

(2) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the law enforcement officer engaged in misconduct by being impaired to a noticeable or perceptible degree due to the consumption of an alcoholic beverage while reporting to duty or while on duty.

(a) The presumptive sanction shall be termination.

(b) The mitigated sanctions shall be suspension without pay, a salary reduction, demotion, or written reprimand.

(3) For the purposes of this rule, “being impaired to a noticeable and perceptible degree” includes having a BAC greater than 0.02.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022

Or. Admin. R. 265-010-0035 Aggravating and Mitigating Factors

(1) Aggravating Factors:

(a) Prior disciplinary history.

(b) Delay in reporting.

(c) Intentional conduct.

(d) Significant impact upon the agency’s mission, reputation, or relationship with the community.

(e) Significant nature and extent of property damage or harm.

(f) Efforts to conceal or cover up conduct or behavior.

(g) Does not accept responsibility if misconduct is undisputed.

(h) Motivated by personal interest or gain.

(i) Failure to meet documented expectations.

(j) Supervisory position.

(k) Failed or declined to attempt to de-escalate the encounter even though feasible to do so.

(l) Low probability or limited potential for rehabilitation.

(m) The nature of the event allowed time for deliberate reflection or action.

(n) Victim’s vulnerability.

(o) The presence of training or experience that is germane to the incident.

(2) Mitigating Factors:

(a) Positive employment history.

(b) Self-reported the violation.

(c) Unintentional conduct.

(d) Limited impact upon the agency’s mission, reputation, or relationship with the community.

(e) Limited nature and extent of property damage or harm.

(f) Attempt to ameliorate or correct the conduct or behavior.

(g) Promptly accepted responsibility.

(h) Motivated by public interest or wellbeing of others.

(i) No repeated or other sustained misconduct.

(j) Role of the officer (subordinate to supervisor on scene).

(k) Attempted to de-escalate the encounter.

(l) Potential for rehabilitation.

(m) The nature of the event was unpredictable, volatile, or unfolded rapidly, not allowing time for deliberate action.

(n) Extraordinary circumstances or hardships that may be relevant.

(o) The lack of training or experience that is germane to the incident.

History

• Statutory/Other Authority: ORS 243.812
• Statutes/Other Implemented: ORS 243.812
• CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022