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

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

(1) Specify that abuse and sexual conduct by school employees, contractors, agents and volunteers and abuse by students are not tolerated.

(2) Specify that all school employees, contractors, agents, volunteers and students are subject to the policies.

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

(a) To the licensed administrator designated as provided by subsection (4) of this section all incidents of suspected abuse or suspected sexual conduct; and

(b) 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) all incidents of suspected abuse, in addition to any report made as required under paragraph (a) of this subsection.

(4) Designate a licensed administrator, and an alternate licensed administrator in the event the designated licensed administrator is the suspected abuser, to:

(a) Receive reports of suspected abuse or suspected sexual conduct by school employees, contractors, agents or volunteers or suspected abuse by students and specify the procedures to be followed by the licensed administrator upon receipt of a report; and

(b) In the manner required by ORS 339.388 (Report of abuse or sexual conduct) (2), inform the Teacher Standards and Practices Commission or the Department of Education of reports of suspected sexual conduct received under paragraph (a) of this subsection.

(5) Specify the procedures to be followed after a report of suspected abuse or suspected sexual conduct is received, including notification that:

(a) All suspected abuse or suspected sexual conduct by school employees, contractors, agents or volunteers will be reported to a law enforcement agency or to a state agency, as appropriate, for investigation;

(b) A law enforcement agency or a state agency will complete an investigation regardless of any changes in the relationship or duties of the person about whom the report was made; and

(c) An education provider will take necessary actions as provided by ORS 339.388 (Report of abuse or sexual conduct) to ensure the student’s safety after a report is received, including placing a school employee on paid administrative leave pending an investigation or prohibiting a contractor, an agent or a volunteer from providing services to the education provider.

(6) Require the posting in each school building of:

(a) The name and contact information for the licensed administrator and alternate licensed administrator designated for the school building to receive reports of suspected abuse or suspected sexual conduct by school employees, contractors, agents and volunteers or suspected abuse by students and the procedures the licensed administrator will follow upon receipt of a report; and

(b) The contact information for making a report of 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 a statement that the duty to report abuse is in addition to any requirement to make a report to a licensed administrator.

(7) Specify that the initiation of a report in good faith about suspected abuse or suspected sexual conduct may not adversely affect any terms or conditions of employment or the work environment of the person who initiated the report or who may have been subjected to abuse or sexual conduct.

(8) Specify that the education provider or any school employee, contractor, agent or volunteer will not discipline a student for the initiation of a report in good faith about suspected abuse or suspected sexual conduct by a school employee, a contractor, an agent or a volunteer or suspected abuse by a student.

(9) Require notification, as allowed by state and federal law, by the education provider to the person who was subjected to the suspected abuse or suspected sexual conduct about any actions taken by the education provider based on the report.

(10) Require the education provider to furnish to a school employee at the time of hire, or to a contractor, an agent or a volunteer at the time of beginning service for the education provider, the following:

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

(b) A description of the investigatory process and possible consequences if a report of suspected abuse or suspected sexual conduct is substantiated; and

(c) A description of the prohibitions imposed on school employees, contractors and agents when another school employee, contractor or agent attempts to obtain a new job, as provided by ORS 339.378 (Disclosure of information and records by education provider) (2).

(11) Specify and make available to students, school employees, contractors, agents and volunteers a policy of appropriate electronic communications with students. [2005 c.367 §2; 2009 c.93 §2; 2012 c.92 §3; 2013 c.553 §2; 2019 c.618 §3]

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 (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 339, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano339.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information