Any district employee who has reasonable cause to believe that any child with whom the employee has come in contact has suffered abuse or neglect, as defined in state law, be any adult or by a student with whom the employee is in contact has abused a child, will immediately notify the Washington County Department of Human Services, or the local law enforcement agency.  The district employee shall also immediately inform his/her supervisor, building principal or superintendent or designee.

The abuse of a child by district employees or by students will not be tolerated. All district employees are subject to this policy and the accompanying administrative regulation.  If a district employee is a suspected abuser, reporting requirements remain the same.  The district will designate the superintendent or designee to receive reports of the abuse of a child by district employees and specify the procedures to be followed upon receipt of an abuse report.  The district will post in each school building the name and contact information of the person designated to receive child abuse reports, as well as the procedures the superintendent or designee will follow upon receipt of a report. In the event that the designated person is the suspected abuser, the chief human resource officer shall receive the report.  When the superintendent or designee takes action on the report, the person who initiated the report must be notified.

A substantiated report of abuse by an employee shall be documented in the employee’s personnel file.  A substantiated report of abuse by a student shall be documented in the student’s education record.

Upon request, the district shall provide records of investigations of suspected abuse of a child by a district employee or former district employee to law enforcement, Oregon Department of Human Services or Teacher Standards and Practices Commission.

Any district employee participating in good faith in the making of a report, pursuant to this policy and Oregon law and who has reasonable grounds for the making thereof, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of any such report.  Further, the initiation of a report in good faith about suspected abuse of a child  may not adversely affect any terms or conditions of employment or the work environment of the complainant.  The superintendent or designee shall notify the person initiating the report about actions taken by the district based on the report.

If a student initiates a report of suspected abuse of a child by a district employee in good faith, the student will not be disciplined by any district employee.  Intentionally making a false report of the abuse of a child is a Class A violation.

The superintendent or designee will establish rules, procedures, work instructions and/or forms to be used in the child abuse reporting process, and implement such regulations as are necessary to accomplish the intent of this policy and to comply with state law.  Copies of this policy and applicable state laws will be given to all school employees.

The district shall establish written procedures to provide district staff training each school year in the prevention and identification of child abuse and on the obligations of school employees under Oregon Revised Statute (ORS) 419B.005 to 419B.050 and as directed by Board policy to report suspected the abuse of a child.  In addition, an annual training for parents and legal guardians of students attending district schools shall be provided on the prevention, identification of abuse of a child and the obligation of school employees to report the suspected abuse of a child.  Annual training designed to help prevent the abuse of a child will be made available to students attending district-operated schools.

Legal Reference(s):
ORS 339.370 to -339.400
ORS 418.746 to -418.751
ORS 419B.005 to -419B.050

OAR 581-022-2205

Greene v. Camreta, 588 F.3d 1011 (9th Cir. 2009), vacated in part by, remanded by Camreta v. Greene, 131 S. Ct. 2020 (U.S. 2011); vacated in part, remanded by Greene v. Camreta 661 F.3d 1201 (9^th Cir. 2011).

JHFF - Reporting Requirements Regarding Sexual Conduct with Students
KN - Relations with Law Enforcement and the Department of Human Services (DHS)

It is the policy of this District that all District employees shall promptly comply with the statutory requirements concerning the reporting of a suspected child abuse.

1. "Abuse" means:

a.  Any assault, as defined by ORS chapter 163, of a child which has been
     caused by other than accidental means, including any injury which
     appears to be at variance with the explanation given of the injury;

b.  Any mental injury to a child, which shall include only observable and
     substantial impairment of the child's mental or psychological ability to
     function caused by cruelty to the child, with due regard to the culture of
     the child;

c.  Rape of a child which includes but is not limited to, rape, sodomy, unlawful
     sexual penetration and incest, as those acts are defined in ORS chapter 163;

d.  Sexual exploitation including, but not limited to:

(1)  Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 (Definitions for ORS 167.002 to 167.027 or described in ORS 163.665 (Definitions for ORS 163.670 to 163.693 and 163.670 (Using child in display of sexually explicit conduct, sexual abuse involving a child or rape of a child  but not including any conduct which is part of any investigation conducted pursuant to ORS 419B.020 (Duty of department or law enforcement agency receiving report) and which is designed to serve educational or other legitimate purpose; and

(2)  Allowing, permitting, encouraging or hiring a child to engage in prostitution, as defined in Oregon Revised Statutes.

e.  Negligent treatment or maltreatment of a child including, but not limited to,
     the failure to provide adequate food, clothing, shelter or medical care. 
     However, any child who is under care or treatment solely by spiritual means
     pursuant to the religious beliefs or practices of the child or the child's
     parents/guardians shall not, for this reason alone, be considered a
     neglected or maltreated child;

f.   Threatened harm to a child, which means subjecting a child to a substantial
     risk of  harm to the child's health or welfare.

g.  Buying or selling a person under 18 years of age as describe in
     ORS 163.537 (buying or selling a person under 18 years of age).

h.  Permitting a person under 18 year of age to enter or remain in or upon
     premises where  methamphetamines are being manufactured.

i.   Unlawful exposure to a controlled substance, as defined in ORS 475.005
     (Definitions for ORS 475.005 to 475.285 an 475.840 to 475.980), that
     subjects a child to a substantial risk    of harm to the child's health or safety.

"Abuse" does not include reasonable discipline unless the discipline results in one of the conditions described in paragraph (a) of this subsection.

2. "Child" means an unmarried person who is under 18 years of age.

3. "Public or private official" means:

a. Physician, osteopathic physician, physician assistant, naturopathic physician,
     podiatric physician and surgeon including any intern or resident;

b. Dentist;

c. District employee including any licensed or classified person employed
    by the district;

d. Licensed practical nurse or registered nurse;

e. Employee of the Department of Human Resources, Oregon Health
    Authority, State Commission on Children and Families, Child Care Division
    of the Employment Department, the Oregon Youth Authority, a county health
    department, a community mental health program, a community
    developmental disabilities program, a county juvenile department, a
    licensed child-caring agency or an alcohol and drug treatment program;

f.  Peace officer;

g. Psychologist;

h. Member of the clergy;

i.  Social workers;

j.  Optometrist;

k. Chiropractor;

l.  Certified provider of foster care, or an employee thereof;

m. Attorney;

n.  Licensed professional counselor;

o.  Firefighter or emergency medical technician;

p.  A court appointed special advocate, as defined in ORS 419A.004
     (Definitions);

q.  A child care provider registered or certified under ORS 657A.030(Criminal
     History Registry) and 657.250 (Definitions for ORS 657A.030 and 657A.250
     to 657A.450) to 657A.450 (Assistance to staff of facility);

r.   Member of the Legislative Assembly;

s.  Physical, speech or occupational therapist;

t.   Audiologist;

u.   Speech-language pathologist;

v.  Employee of the Teacher Standards and Practices Commission directly
     involved in investigations or discipline by the commission;

x.  Pharmacist;

y.  An operator of a preschool recorded program under ORS 657A.255
    Preschool Recorded Program

z.  An operator of a school-age recorded program under ORS 657A.257
     School-age Recorded Program.

4. "Law enforcement agency" means:

a. Any city or municipal police department;

b.  Any county sheriff's office;

c.  The Oregon State Police;

d. A county juvenile department.

Any District employee having reasonable cause to believe that any child with whom the employee comes in contact has suffered abuse or that any person with whom the employee comes in contact has abused a child shall orally report or cause an oral report to be immediately made by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of his/her contact. The District employee must also immediately inform his/her supervisor or building principal, and a written report must be submitted to the Public Safety Office. If the report involves a District employee as the abuser, the supervisor must also immediately notify the Chief Human Resource Officer. District employee-student privilege shall not be a ground for excluding evidence regarding a child's abuse in any judicial proceeding resulting from a report made.

A reasonable cause to believe that abuse exists does not require absolute proof or physical/visual evidence, only a suspicion of abuse.

Any District volunteer having reasonable cause to believe that any child with whom the volunteer comes in contact has suffered abuse is expected to report this belief to the District employee with whom he/she works or the principal.

Any district employee who fails to report a suspected child abuse as provided by this policy and the prescribed Oregon law commits a violation punishable by law. A district employee who fails to comply with the confidentiality of records requirements commits a violation punishable by the prescribed law.  If an employee fails to report suspected child abuse or fails to maintain confidentiality of records as required by this policy, the employee will be disciplined.

1. Names (including previous names) and addresses of the child and his/her parents or other persons responsible for his/her care;
2. Child's age and birth date;
3. The time of occurrence and the nature and extent of the abuse (including any evidence of previous abuse);
4. The explanation given for the abuse;
5. The identity of the perpetrator;
6. The primary and other sources of information regarding the abuse and any other information the reporter believes might be helpful in the investigation.

The Oregon Department of Human Services or the law enforcement agency is responsible for an immediate investigation of child abuse reports. In carrying out that responsibility, they may conduct an interview with the child at school or off site.

The District staff shall make every effort in suspected child abuse cases to cooperate with investigating officials as follows:

1. If the student is to be interviewed at the school, the principal or representative shall make a conference space available. The principal or representative of the school may at the discretion of the investigator, be present to facilitate the interview. Law enforcement officers wishing to interview or remove a student from the premises shall present themselves at the office and contact the principal or representative. The officer shall sign the student out on a form to be provided by the school;
2. When the subject matter of the interview or investigation is identified to be related to suspected child abuse, District employees shall not notify parents;
3. The principal or representative shall advise the investigator of any conditions of disability prior to any interview with the affected child;
4. District employees are not authorized to reveal anything that transpires during an investigation in which the employee participates, nor shall the information become part of the student’s education records, except that the employee may testify at any subsequent trial resulting from the investigation and may be interviewed by the respective litigants prior to any such trial.
5. If a child is placed in protective custody, the Oregon Department of Human Service should promptly make reasonable efforts to ascertain the name and address of the child's parents/guardians. If the name and address can be ascertained, they should notify the parents/guardians that the child is in protective custody.

Any District employee participating in good faith in the making of a report pursuant to this policy and Oregon law and who has reasonable grounds for the making thereof, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of any such report.  Further, the initiation of a report in good faith about suspected child abuse may not adversely affect any terms or conditions of employment or the work environment of the complainant.  If a student initiates a report of suspected child abuse by a district employee in good faith, the student will not be disciplined by the Board or any District employee.