2015 ORS 339.372¹
Policies of school boards on reporting of abuse and sexual conduct

Each school board shall adopt policies on the reporting of abuse and sexual conduct by school employees and the reporting of abuse by students. The policies shall:

(1) Specify that abuse and sexual conduct by school employees and abuse by students are not tolerated;

(2) Specify that all school employees and students are subject to the policies;

(3) Require all school employees who have reasonable cause to believe that another school employee has engaged in abuse or sexual conduct or that a student has engaged in abuse to:

(a) Report suspected abuse to 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); and

(b) Report suspected abuse or sexual conduct to the person designated as provided by subsection (4) of this section;

(4) Designate a person, and an alternate in the event the designated person is the suspected abuser, to receive reports of suspected abuse or sexual conduct by school employees or suspected abuse by students and specify the procedures to be followed by that person upon receipt of a report;

(5) Require the posting in each school building of the name and contact information for the person designated for the school building to receive reports of suspected abuse or sexual conduct by school employees or suspected abuse by students and the procedures the person will follow upon receipt of a report;

(6) Specify that the initiation of a report in good faith about suspected abuse or sexual conduct may not adversely affect any terms or conditions of employment or the work environment of the complainant;

(7) Specify that the school board or any school employee will not discipline a student for the initiation of a report in good faith about suspected abuse or sexual conduct by a school employee or suspected abuse by a student;

(8) Require notification by the education provider to the person who initiated the report about actions taken by the education provider based on the report; and

(9) Require the education provider to furnish to a school employee at the time of hire the following:

(a) A description of conduct that may constitute abuse or sexual conduct; and

(b) A description of the information and records that will be disclosed as provided by ORS 339.378 (Disclosure of information and records by education provider) or 339.388 (Report of abuse or sexual conduct) (8) if a report of suspected abuse or sexual conduct is substantiated. [2005 c.367 §2; 2009 c.93 §2; 2012 c.92 §3; 2013 c.553 §2]

Notes of Decisions

School board's duty to adopt policies on reporting child abuse and sexual miscon­duct indicates that board is final policy maker for school district. G.C. v. North Clackamas School District, 654 F. Supp. 2d 1226 (D. Or. 2009)


1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors339.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 339, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano339.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.