ORS 339.388
Report of abuse or sexual conduct

  • investigation
  • appeal process
  • disclosure of records

(1)

Intentionally left blank —Ed.

(a)

A school employee shall immediately submit a report as provided by paragraph (b) of this subsection if the school employee has reasonable cause to believe that:

(A)

A student has been subjected to abuse by another school employee or by a contractor, an agent, a volunteer or a student;

(B)

A student has been subjected to sexual conduct by another school employee or by a contractor, an agent or a volunteer; or

(C)

Another school employee or a contractor, an agent or a volunteer has engaged in sexual conduct.

(b)

The report required under paragraph (a) of this subsection shall be made to:

(A)

The licensed administrator designated in the policies adopted under ORS 339.372 (Policies of school boards on reporting of suspected abuse and suspected sexual conduct), for all reports of suspected abuse or suspected sexual conduct; and

(B)

A law enforcement agency, the Department of Human Services or a designee of the department as required by ORS 419B.010 (Duty of officials to report child abuse) and 419B.015 (Report form and content), for all reports of suspected abuse.

(2)

The licensed administrator who receives a report under subsection (1) of this section shall follow the procedures required by the policies adopted by the school board under ORS 339.372 (Policies of school boards on reporting of suspected abuse and suspected sexual conduct), including:

(a)

Notifying the Teacher Standards and Practices Commission as soon as possible of any reports of suspected sexual conduct that may have been committed by a person who is a commission licensee; and

(b)

Notifying the Department of Education as soon as possible of any reports of suspected sexual conduct that may have been committed by a person who is not a commission licensee.

(3)

Intentionally left blank —Ed.

(a)

When a licensed administrator receives a report of suspected abuse or suspected sexual conduct by a school employee and there is reasonable cause to support the report, the education provider shall:

(A)

Place the school employee on paid administrative leave; and

(B)

Take necessary actions to ensure the student’s safety.

(b)

A school employee who is placed on paid administrative leave under paragraph (a) of this subsection shall remain on administrative leave until:

(A)

For a report of suspected abuse, a law enforcement agency or the Department of Human Services determines that the report:
(i)
Is substantiated and the education provider takes the appropriate employment action against the school employee; or
(ii)
Cannot be substantiated or is not a report of abuse and the education provider:

(I)

Determines that an employment policy has been violated and takes appropriate employment action against the school employee; or

(II)

Determines that an employment policy has not been violated and employment action against the school employee is not required.

(B)

For a report of suspected sexual conduct, the Teacher Standards and Practices Commission or the Department of Education determines that the report:
(i)
Is substantiated and the education provider takes the appropriate employment action against the school employee; or
(ii)
Cannot be substantiated or is not a report of sexual conduct and the education provider:

(I)

Determines that an employment policy has been violated and takes appropriate employment action against the school employee; or

(II)

Determines that an employment policy has not been violated and that employment action against the school employee is not required.

(c)

When a school employee is placed on paid administrative leave under paragraph (a) of this subsection, the education provider may not require the school employee to use any accrued leave during the paid administrative leave.

(4)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (c) of this subsection, when a licensed administrator receives a report of suspected abuse or suspected sexual conduct by a contractor, an agent or a volunteer, the education provider:

(A)

May immediately prohibit the contractor, agent or volunteer from providing services to the education provider.

(B)

Shall prohibit the contractor, agent or volunteer from providing services to the education provider if the education provider determines that there is reasonable cause to support a report of abuse or sexual conduct.

(b)

Except as provided in paragraph (c) of this subsection, an education provider is not required to reinstate a contractor, an agent or a volunteer. Any reinstatement of a contractor, an agent or a volunteer that does occur may not occur until:

(A)

For a report of suspected abuse, a law enforcement agency or the Department of Human Services determines that the report:
(i)
Is substantiated and the education provider takes the appropriate actions to protect students; or
(ii)
Cannot be substantiated or is not a report of abuse and the education provider:

(I)

Takes the appropriate actions to protect students; or

(II)

Determines that no other actions are required to protect students.

(B)

For a report of suspected sexual conduct, the Teacher Standards and Practices Commission or the Department of Education determines that the report:
(i)
Is substantiated and the education provider takes the appropriate actions to protect students; or
(ii)
Cannot be substantiated or is not a report of sexual conduct and the education provider:

(I)

Takes the appropriate actions to protect students; or

(II)

Determines that no other actions are required to protect students.

(c)

If a contract under which a contractor provides services to an education provider or an agreement under which an agent provides services to an education provider sets forth any negotiated standards for the relationship between the contractor or agent and the education provider, the education provider shall comply with those standards but may not in any instance grant the contractor or agent more rights than granted to a school employee under subsection (3) of this section.

(d)

Nothing in this subsection:

(A)

Establishes an employment relationship between an education provider and a contractor or an agent; or

(B)

Confers onto a contractor or an agent any rights of employment.

(5)

Intentionally left blank —Ed.

(a)

When a report of suspected abuse or suspected sexual conduct is investigated by a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education, an education provider may use the findings of the entity that conducted the investigation for the purpose of subsection (3) or (4) of this section and for making any determinations described in subsection (6) of this section.

(b)

Nothing in this subsection prohibits an education provider from:

(A)

Conducting an investigation related to a report of suspected abuse or suspected sexual conduct, except that the education provider must:
(i)
If requested, allow the investigation to be led by an entity identified in paragraph (a) of this subsection, as applicable;
(ii)
Follow any protocols and procedures of entities identified in paragraph (a) of this subsection that are involved in the investigation; and
(iii)
Cooperate with the entities identified in paragraph (a) of this subsection that are involved in the investigation, including by:

(I)

Suspending any investigations of the education provider at the request of the entity; and

(II)

Sharing information with the entity as provided by subsection (10) of this section.

(B)

Taking an employment action, based on information available to the education provider, before an investigation conducted by an entity identified in paragraph (a) of this subsection is completed.

(6)

Intentionally left blank —Ed.

(a)

For each report of suspected abuse or suspected sexual conduct by a school employee, an education provider must determine if:

(A)

An employment policy of the education provider was violated; and

(B)

The education provider will take any employment actions, including disciplinary action against the school employee or changes to the employment relationship or duties of the school employee.

(b)

Determinations made under paragraph (a) of this subsection must be based on the findings of an investigation conducted by:

(A)

A law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education; or

(B)

The education provider, if the education provider conducts an investigation.

(c)

A final determination by a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education that a report of suspected abuse or suspected sexual conduct cannot be substantiated or is not a report of abuse or sexual conduct does not:

(A)

Relieve an education provider of the requirement to make determinations under paragraph (a) of this subsection; or

(B)

Prohibit an education provider from taking any employment actions against a school employee.

(d)

Except as provided by paragraph (e) of this subsection, determinations made under paragraph (a) of this subsection must be made:

(A)

Within 60 calendar days from the date the education provider received from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education a final determination that a report of suspected abuse or suspected sexual conduct involving a school employee is a substantiated report; or

(B)

Within 90 calendar days from the date the education provider:
(i)
Received from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education a final determination that a report of suspected abuse or suspected sexual conduct involving a school employee cannot be substantiated or is not a report of abuse or sexual conduct; or
(ii)
Received a report of suspected abuse or suspected sexual conduct if the education provider conducts an investigation.

(e)

The timelines prescribed by paragraph (d) of this subsection may be extended if, for good cause, a longer period of time is necessary. For an education provider that conducts an investigation, good cause may include suspending an investigation as required by subsection (5)(b) of this section.

(7)

If, in the course of an investigation by an education provider, the education provider becomes aware of new information that gives rise to a reasonable cause to believe that abuse or sexual conduct occurred, the education provider shall ensure that a report is made to a law enforcement agency, the Department of Human Services, a designee of the department as required by ORS 419B.010 (Duty of officials to report child abuse) and 419B.015 (Report form and content), the Teacher Standards and Practices Commission or the Department of Education.

(8)

If, following an investigation, an education provider determines that the education provider will take an employment action, the education provider shall:

(a)

Inform the school employee of the employment action that will be taken by the education provider.

(b)

Provide the school employee with information about the appropriate appeal process for the employment action taken by the education provider. The appeal process may be the process provided by a collective bargaining agreement or a process administered by a neutral third party and paid for by the education provider.

(c)

Following notice of a school employee’s decision not to appeal the employment action of an education provider or following the determination of an appeal that sustained the employment action taken by the education provider, create a record of the findings of the substantiated report and the employment action taken by the education provider and place the record in any documents maintained by the education provider on the school employee. Records created pursuant to this paragraph are confidential and are not public records as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478). An education provider may use the record as a basis for providing the information required to be disclosed about a school employee under ORS 339.378 (Disclosure of information and records by education provider) (1).

(d)

Inform the school employee that information about substantiated reports may be disclosed to a potential employer as provided by ORS 339.378 (Disclosure of information and records by education provider) (1).

(9)

Intentionally left blank —Ed.

(a)

Notwithstanding the requirements of this section, an education provider that is a private school:

(A)

May take an employment action in relation to a school employee, a contractor, an agent or a volunteer according to:
(i)
The provisions of this section; or
(ii)
The standards and policies of the private school if the standards and policies provide the same or greater safeguards for the protection of students compared to the safeguards described in this section.

(B)

May follow the procedures described in subsection (8) of this section or may follow any appeals process established by the private school related to suspected abuse or suspected sexual conduct.

(b)

A private school that chooses to take an employment action or other action in relation to a school employee, a contractor, an agent or a volunteer according to the standards and policies of the private school must provide the information required to be disclosed under ORS 339.378 (Disclosure of information and records by education provider) (1).

(10)

Upon request from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education, in conducting an investigation related to suspected abuse or suspected sexual conduct, an education provider shall immediately provide any requested documents or materials, to the extent allowed by state and federal law, including laws protecting a person from self-incrimination. [Formerly 339.375; 2012 c.92 §4; 2013 c.553 §1; 2019 c.618 §7; 2021 c.151 §7]

Source: Section 339.388 — Report of abuse or sexual conduct; investigation; appeal process; disclosure of records, https://www.­oregonlegislature.­gov/bills_laws/ors/ors339.­html.

339.005
Definition for ORS 339.040 and 339.125
339.010
School attendance required
339.020
Duty to send children to school
339.030
Exemptions from compulsory school attendance
339.035
Teaching by private teacher, parent or guardian
339.040
Attendance supervisors
339.055
Duties of attendance supervisors
339.065
Estimates of attendance
339.071
Attendance notification policy
339.080
Nonattendance notice to parents, school officials and parole or probation officer
339.090
Determination of compliance
339.095
Required procedures related to violations of certain school attendance requirements
339.115
Admission of students
339.119
Prohibition of payment as incentive to receive educational services
339.122
Disclosures in promotional materials
339.125
Contract for admission of nonresident pupils
339.127
Factors prohibited from consideration when giving consent to nonresident student
339.128
Factors prohibited from consideration when admitting tuition-paying nonresident student
339.129
Education for children in local or regional correctional facilities required
339.133
Determination of residency of student for school purposes
339.134
Residency of child voluntarily placed outside child’s home and living in substitute care program
339.137
Residency of student at youth care center
339.139
Residency of military children
339.141
Tuition prohibited for regular school program
339.147
When tuition authorized
339.155
Prohibitions of certain fees as condition of admission
339.240
Rules of student conduct, discipline and rights
339.250
Duty of student to comply with rules
339.252
Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons
339.256
Prohibition on restriction of access to specialized learning areas or certain common areas
339.270
Assessment of costs of school property damage against responsible student or parents or guardian
339.280
Student grading policies
339.285
Definitions for ORS 339.285 to 339.303
339.288
Prohibitions on use of certain restraints
339.291
Use of restraint or seclusion
339.294
Procedures following incident
339.297
Annual report
339.300
Training programs
339.303
Rules for complaints, investigations and seclusion rooms
339.308
Seclusion cell prohibition
339.309
Required reports of employee injuries
339.312
Safe school alliance
339.315
Report required if person has unlawful firearm or destructive device
339.317
Notice to school district of person charged with crime
339.319
Notice to school district of person convicted of crime
339.321
Notice to school district and law enforcement agencies of release or discharge of person
339.323
Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person
339.326
Actions after receipt of notice under ORS 419A.305
339.327
Notification required if person possesses threatening list or when threats of violence or harm made
339.329
Statewide tip line to report information concerning threats or potential threats to student safety
339.331
Mission
339.333
Board of directors
339.336
Funding
339.339
Collaboration between center and Department of Education
339.341
Statewide School Safety and Prevention System
339.343
Comprehensive district plans on student suicide prevention
339.345
Requirement to have automated external defibrillator
339.347
Policies to address bias incidents and displays of symbols of hate
339.351
Definitions for ORS 339.351 to 339.364
339.353
Findings
339.356
District policy required
339.359
Training programs
339.362
Retaliation against victims and witnesses prohibited
339.364
Victim may seek redress under other laws
339.366
Required policies on teen dating violence and domestic violence
339.368
Posters regarding domestic violence
339.370
Definitions for ORS 339.370 to 339.400
339.372
Policies of school boards on reporting of suspected abuse and suspected sexual conduct
339.374
Required background checks by education providers
339.378
Disclosure of information and records by education provider
339.384
Prohibitions and allowances related to hiring of applicant to be school employee
339.388
Report of abuse or sexual conduct
339.389
Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse
339.390
Investigations by Teacher Standards and Practices Commission of persons who are commission licensees
339.391
Investigations by Department of Education of persons who are not commission licensees
339.392
Prohibitions against certain agreements and contracts
339.396
Effect on causes of action
339.400
Training
339.420
Child excused to receive religious instruction
339.450
Prohibited grounds for denying participation in interscholastic athletics
339.460
Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school
339.505
Definitions for ORS 339.505 to 339.520
339.510
Student accounting system
339.515
Uniform reporting system
339.520
Information required on certain students who withdraw from school
339.650
“Traffic patrol” defined for ORS 339.650 to 339.665
339.655
Traffic patrols authorized
339.660
Rules on traffic patrols
339.665
Intergovernmental cooperation and assistance in connection with traffic patrols
339.866
Self-administration of medication by students
339.867
“Medication” defined for ORS 339.869 and 339.870
339.869
Administration of medication to students
339.870
Liability of school personnel administering medication
339.871
Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication
339.873
Recommendations on medication to affect or alter thought processes, mood or behavior prohibited
339.874
Use of sun-protective clothing and sunscreen
339.875
Procurement, display and salute of flags
339.877
Issuance of diploma for work completed at certain state institutions
339.880
Unauthorized soliciting of pupils prohibited
339.883
Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities
339.885
Secret societies in public schools prohibited
339.890
Radio frequency identification device policy for students
339.990
Penalties
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