JHFF - Suspected Sexual Conduct with Students and Reporting Requirements*
JHFF
Code: JHFF
Readopted: 3/11/25
Adopted: 11/18/13
Orig. Code(s): JHFF
Sexual conduct by district employees, contractors[1], agents[2], and volunteers[3] is prohibited and will not be tolerated. All district employees, contractors, agents, and volunteers are subject to this policy. Students are also subject to this policy if they are acting as an employee, contractor, agent or volunteer.
“Sexual conduct,” means verbal or physical conduct or verbal, written or electronic communications by a school employee, a contractor, an agent or a volunteer that involve a student and that are sexual advances or requests for sexual favors directed toward the student, or of a sexual nature that are directed toward the student or that have the effect of unreasonably interfering with a student’s educational performance, or of creating an intimidating or hostile educational environment. “Sexual conduct” does not include touching or other physical contact that is necessitated by the nature of the school employee’s job duties or by the services required to be provided by the contractor, agent or volunteer, and for which there is no sexual intent; verbal, written or electronic communications that are provided as part of an education program that meets state educational standards or a policy approved by the Board; or conduct or communications described in the definition of sexual conduct herein if the school employee, contractor, agent or volunteer is also a student and the conduct or communications arise out of a consensual relationship between students, do not create an intimidating or hostile educational environment and are not prohibited by law, any policies of the district or any applicable employment agreements.
“Student” means any person who is in any grade from prekindergarten through grade 12 or 21 years of age or younger and receiving educational or related services from the district that is not a post-secondary institution of education, or who was previously known as a student by the person engaging in sexual conduct and who left school or graduated from high school within one calendar year prior to the sexual conduct.
The district will post in each school building the names and contact information of the employees designated for the respective school buildings to receive reports of suspected sexual conduct and the procedures the designee will follow upon receipt of the report.
Any district employee who has reasonable cause to believe that a student has been subjected to sexual conduct by another district employee, contractor, agent or volunteer, or that another district employee, contractor, agent or volunteer has engaged in sexual conduct with a student shall immediately report such suspected sexual conduct to the designated licensed administrator or the alternate designated licensed administrator, in the event the designated administrator is the suspected perpetrator, for their school building. If the conduct also constitutes child abuse, the employee must make mandatory reports in accordance with Board policy GBNAB/JHFE – Suspected Abuse of a Child Reporting Requirements.
If the superintendent is the alleged perpetrator the report shall be submitted to the Chief Human Resources Officer who shall report the suspected sexual conduct to the Board chair.
If an employee fails to report suspected sexual conduct or fails to maintain confidentiality of records, the employee may be disciplined up to and including dismissal.
When a designated licensed administrator receives a report of suspected sexual conduct by a district employee, contractor, agent or volunteer, the administrator will follow procedures established by the district and set forth in the district’s administrative regulation GBNAA/JHFF-AR - Suspected Sexual Conduct Report Procedures. All such reports will be reported to the Oregon Department of Education (ODE) or Teacher Standards and Practices Commission (TSPC) in accordance with such administrative regulation. The agency receiving a report will complete an investigation regardless of any changes in the relationship or duties of the person who is the alleged perpetrator.
When there is reasonable cause to support the report, a district employee suspected of sexual conduct shall be placed on paid administrative leave pending an investigation and the district will take necessary actions to ensure the student’s safety.
When there is reasonable cause to support the report, a district contractor, agent or volunteer suspected of sexual conduct shall be removed from providing services to the district and the district will take necessary actions to ensure the student’s safety.
The district will notify, as allowed by state and federal law, the person who was subjected to the suspected sexual conduct about any actions taken by the district as a result of the report.
A district employee, contractor or agent will not assist another district employee, contractor or agent in obtaining a new job if the individual knows, or has reasonable cause to believe the district employee, contractor or agent engaged in sexual conduct. Nothing in this policy prevents the district from disclosing information required by law or providing the routine transmission of administrative and personnel files pursuant to law.
The initiation of a report in good faith about 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 subject to sexual conduct. If a student initiates a report of suspected sexual conduct by a district employee, contractor, agent or volunteer in good faith, the student will not be disciplined by the district or any district employee, contractor, agent or volunteer.
The district will provide to employees at the time of hire, or to a contractor, agent or volunteer at the time of beginning service for the district, the following:
- A description of conduct that may constitute sexual conduct;
- A description of the investigatory process and possible consequences if a report of suspected sexual conduct is substantiated; and
- A description of the prohibitions imposed on district employees, contractors and agents when they attempt to obtain a new job, pursuant to ORS 339.378(2).
All district employees are subject to Board policy GCAB - Personal Electronic Devices and Social Media - Staff regarding appropriate electronic communications with students.
Any electronic communications with students by a contractor, agent or volunteer for the district will be appropriate and only when directed by district administration. When communicating with students electronically regarding school-related matters, contractors, agents or volunteers shall use district email using mailing lists and/or other internet messaging approved by the district to a group of students rather than individual students or as directed by district administration. Texting or electronically communicating with a student through contact information gained as a contractor, agent or volunteer for the district is strongly discouraged.
The superintendent shall develop administrative regulations to implement this policy and to comply with state law.
END OF POLICY
Legal Reference(s):
ORS 332.107
ORS 339.370 - 339.400
ORS 419B.005 - 419B.045
Every Student Succeeds Act, 20 U.S.C. § 7926 (2018).
[1] “Contractor” means a person providing services to the district under a contract in a manner that requires the person to have direct, unsupervised contact with students.
[2] “Agent” means a person acting as an agent for the district in a manner that requires the person to have direct, unsupervised contact with students.
[3] “Volunteer” means a person acting as a volunteer for the district in a manner that requires the person to have direct, unsupervised contact with students.
Cross References:
GBNAB/JHFE- Suspected Abuse of a Child Reporting Requirements
KN - Relations with Government Agencies
JHFF-AR
Code: JHFF/GBNAA-AR
Adopted: 12/5/23
The district posts in each school building the names and contact information of the district employees designated for the respective school building to receive reports of suspected sexual conduct and the procedures the designee(s) will follow upon receipt of the report.
When a designated licensed administrator[1] receives a report of suspected sexual conduct that may have been committed by a commission licensee[2], the designee shall notify Teacher Standards and Practices Commission (TSPC). The designee shall notify the Oregon Department of Education (ODE) if the administrator receives a report of suspected sexual conduct that may have been committed by a school employee, contractor, agent or volunteer that is not a commission licensee.
If the superintendent is the alleged perpetrator the report shall be submitted to the Chief Human Resource Officer who shall refer the report to the Board chair.
The district will investigate all reports of suspected sexual conduct, unless otherwise requested by TSPC or ODE as appropriate.
When the designee receives a report of suspected sexual conduct by a district employee, and there is reasonable cause to support the report, the district shall place the district employee on paid administrative leave and take necessary actions to ensure the student’s safety. The employee shall remain on leave until TSPC or ODE determines that the report is substantiated and the district takes appropriate employment action against the employee, or cannot be substantiated or is not a report of sexual conduct and the district determines either: 1) an employment policy was violated and the district will take appropriate employment action against the employee; or 2) an employment policy has not be violated and an employment action against the employee is not required.
When the designee receives a report of suspected sexual conduct by a contractor, an agent or a volunteer, the district shall prohibit the contractor, agent or volunteer from providing services to the district. If the district determines there is reasonable cause to support a report of suspected sexual conduct, the district shall prohibit the contractor, agent or volunteer from providing services. The district may reinstate the contractor, agent or volunteer, and such reinstatement may not occur until such time as a report of suspected sexual conduct has been investigated and a determination has been made by TSPC or ODE, as appropriate, that the report is unsubstantiated.
Upon request from ODE or TSPC the district will provide requested documents or materials to the extent allowed by state and federal law.
The name, address and other identifying information about the employee who made the report are confidential and are not accessible for public inspection.
Nothing prevents the district from conducting its own investigation, unless another agency requests to lead the investigation or requests the district to suspend their investigation, or taking an employment action based on information available to the district before an investigation conducted by another agency is completed. The district will cooperate with agencies assigned to conduct such investigations.
A “substantiated report” means a report of sexual conduct that TSPC or ODE determines is founded.
If, following the investigation, the district decides to take an employment action, the district will inform the district employee of the employment action to be taken and provide information about the appropriate appeal process.
If the district is notified that the employee decided not to appeal the employment action or if the determination of an appeal sustained the employment action, the district shall create a record of the findings of the substantiated report and the employment action taken by the district will be placed in the records on the school employee maintained by the district. Such records created are confidential and not public records as defined in Oregon Revised Statute (ORS) 192.311, however the district may use the record as a basis for providing information required to be disclosed about a district employee under ORS 339.378(1). The district will notify the employee that information about substantiated reports may be disclosed to a potential employer.
Training
The district shall provide information and training each school year to district employees on the following:
- Prevention and identification of sexual conduct;
- Obligations of district employees under ORS 339.388 and 419B.005 - 419B.050 and under adopted board policies to report suspected sexual conduct; and
- Appropriate electronic communications with students.
The district shall make available each school year the training described above to contractors, agents, volunteers and to parents and legal guardians of students attending district-operated schools, and will be made available separately from the training provided to district employees.
The district shall provide to contractors, agents and volunteers each school year information on the following:
- Prevention and identification of sexual conduct;
- Obligations of district employees under adopted board policies to report suspected sexual conduct; and
- Appropriate electronic communications with students.
The district shall make available each school year training that is designed to prevent sexual conduct to students attending district-operated schools.
Beaverton School District
1260 NW Waterhouse Avenue
Beaverton, OR 97006
(503) 356-4500
Suspected Sexual Conduct Report Form
Name of person making report: ___________________________________________________________________
Position of person making report:_________________________________________________________________
Name of person suspected of sexual conduct: ____________________________________________________
Date and place of incident or incidents: _____________________________________________________________________________________________________
_____________________________________________________________________________________________________
Description of suspected sexual conduct:
_____________________________________________________________________________________________________
Name of witnesses (if any):
_____________________________________________________________________________________________________
Evidence of suspected sexual conduct, e.g., letters, photos, etc. (attach evidence if possible):
_____________________________________________________________________________________________________
Any other information:
_____________________________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: ___________________________________ Date:________________________
[1] A “licensed administrator” is a person employed as an administrator by the district and holds an administrative license issued by TSPC or may be a person employed by the district that does not hold an administrative license issued by TSPC if the district does not require the administrator to be licensed by TSPC.
[2] “Commission licensee,” as is defined in ORS 342.120 (as amended by HB 2136 (2021)), means a person whom the TSPC has authority to investigate or discipline because the person is enrolled in an approved educator preparation program, is an applicant for a TSPC license or registration, holds a license or registration issued by TSPC, or has held a license or registration issued by the TSPC at any time during the previous five years.