2015 ORS 339.388¹
Report of abuse or sexual conduct
  • investigation
  • appeal process
  • disclosure of records

(1)(a) A school employee having reasonable cause to believe that a child with whom the employee comes in contact has suffered abuse by another school employee or by a student, or that another school employee or a student with whom the employee comes in contact has abused a child, shall immediately report the information to:

(A) The person designated in the policy adopted under ORS 339.372 (Policies of school boards on reporting of abuse and 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).

(b) A school employee having reasonable cause to believe that a student with whom the employee comes in contact has been subjected to sexual conduct by another school employee, or that another school employee with whom the employee comes in contact has engaged in sexual conduct, shall immediately report the information to the person designated in the policy adopted under ORS 339.372 (Policies of school boards on reporting of abuse and sexual conduct).

(2) A person who receives a report under subsection (1) of this section shall follow the procedures required by the policy adopted by the school board under ORS 339.372 (Policies of school boards on reporting of abuse and sexual conduct).

(3)(a) Except as provided in subsection (4) of this section, when an education provider receives a report of suspected abuse or sexual conduct by one of its employees, and the education provider’s designee determines that there is reasonable cause to support the report, the education provider:

(A) In the case of suspected abuse, shall place the school employee on paid administrative leave; or

(B) In the case of suspected sexual conduct, may place the school employee on paid administrative leave or in a position that does not involve direct, unsupervised contact with children.

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

(A) The Department of Human Services or a law enforcement agency determines that the report cannot be substantiated or that the report will not be pursued; or

(B) The Department of Human Services or a law enforcement agency determines that the report is substantiated and the education provider takes the appropriate disciplinary action against the school employee.

(4) An education provider may reinstate a school employee placed on paid administrative leave for suspected abuse as provided under subsection (3) of this section or may take the appropriate disciplinary action against the employee if the Department of Human Services or a law enforcement agency is unable to determine, based on a report of suspected abuse, whether abuse occurred.

(5) If, following an investigation, an education provider determines that a report of suspected abuse or sexual conduct by a school employee is a substantiated report, the education provider shall:

(a) Inform the school employee that the education provider has determined that the report has been substantiated.

(b) Provide the school employee with information about the appropriate appeal process for the determination made 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 school district.

(c) Following notice of a school employee’s decision not to appeal the determination or following the determination of an appeal that sustained the substantiated report, create a record of the substantiated report and place the record in the personnel file of the school employee. Records created pursuant to this paragraph are confidential and are not public records as defined in ORS 192.410 (Definitions for ORS 192.410 to 192.505). An education provider may use the record as a basis for providing the information required to be disclosed under ORS 339.378 (Disclosure of information and records by education provider).

(d) Inform the school employee that information about substantiated reports may be disclosed to a potential employer as provided by subsection (8) of this section and ORS 339.378 (Disclosure of information and records by education provider).

(6)(a) Notwithstanding the requirements of subsections (3), (4) and (5) of this section, an education provider that is a private school:

(A) May discipline or terminate a school employee according to:

(i) The provisions of subsections (3) and (4) 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 children compared to the safeguards described in subsections (3) and (4) of this section.

(B) May follow the procedures described in subsection (5) of this section or may follow any appeals process established by the private school related to suspected child abuse or sexual conduct.

(b) A private school that chooses to discipline or terminate a school employee according to the standards and policies of the school must provide the information required to be disclosed under ORS 339.378 (Disclosure of information and records by education provider).

(7) Upon request from a law enforcement agency, the Department of Human Services or the Teacher Standards and Practices Commission, a school district shall provide the records of investigations of suspected abuse by a school employee or former school employee.

(8)(a) The disciplinary records of a school employee or former school employee convicted of a crime listed in ORS 342.143 (Issuance of licenses and registrations) are not exempt from disclosure under ORS 192.501 (Public records conditionally exempt from disclosure) or 192.502 (Other public records exempt from disclosure).

(b) If a school employee is convicted of a crime listed in ORS 342.143 (Issuance of licenses and registrations), the education provider that is the employer of the employee shall disclose the disciplinary records of the employee to any person upon request.

(c) If a former school employee is convicted of a crime listed in ORS 342.143 (Issuance of licenses and registrations), the education provider that was the employer of the former employee when the crime was committed shall disclose the disciplinary records of the former employee to any person upon request.

(9) Prior to disclosure of a disciplinary record under subsection (8) of this section, an education provider shall remove any personally identifiable information from the record that would disclose the identity of a child, a crime victim or a school employee or former school employee who is not the subject of the disciplinary record. [Formerly 339.375; 2012 c.92 §4; 2013 c.553 §1]


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 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.