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

(1)(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 licensed by the commission; 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 licensed by the commission.

(3)(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)(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)(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)(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)(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]

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 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. Currency Information