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JHFF - Reporting Requirements Regarding Sexual Conduct with Students

Code:  JHFF
Readopted:  1/22/19
Adopted:  11/18/13 
Orig. Code(s):  JHFF

Sexual conduct by district/school employees, contractors or agents[1] of the district, as defined by Oregon law and this policy, will not be tolerated.  All district employees, contractors and agents of the district are subject to this policy. 

The first two elements of the following definition will be considered sufficient cause for taking disciplinary action.

“Sexual conduct” as defined by Oregon law is any verbal or physical or other conduct by a school employee that is sexual in nature; directed toward a kindergarten through grade 12 student; unreasonably interferes with a student’s educational performance; and creates an intimidating, hostile or offensive educational environment.  The definition for sexual conduct does not include behavior that would be considered child abuse as outlined by Oregon law and district Board policy JHFE and JHFE-AR - Reporting of Suspected Abuse of a Child.

Any district/school employee, contractor, agent of the district, or volunteer who has reasonable cause to believe that another district/school employee, contractor, agent of the district or volunteer has engaged in sexual conduct with a student must immediately notify his/her immediate supervisor.  The supervisor will begin an investigation and notify the designated human resource administrator as appropriate.

When the district receives a report of suspected sexual conduct by a district employee, the district may place the employee on paid administrative leave or in a position that does not involve direct, unsupervised contact with students, if available, while conducting an investigation.  When the district receives a report of suspected sexual conduct by a contractor or agent of the district, the district may decide to suspend services of that contractor or place the agent in a position that does not involve direct, unsupervised contact with students while conducting an investigation. An investigation is a detailed inquiry into the factual allegations of a report of suspected sexual conduct that is based on interviews with the complainant, witnesses, the district employee, the contractor, the agent of the district, or the student who is the subject of the report.

The investigation must meet any negotiated standards of an employment contract or agreement.  If, following the investigation, the report is substantiated, the district will inform the district employee, contractor or agent of the district  that the report has been substantiated and provide information regarding the appeal process.  The district employee, contractor or agent of the district may appeal the district’s decision through an appeal process administered by a neutral third party.  A substantiated report means a report of abuse or sexual conduct that: a) is supported by reasonable evidence; and b) involves conduct that the educational provider determines is sufficiently serious to be documented in the employee’s personnel file or the administrative file for the contractor or agent of the district.  Notification to the Teacher Standards and Practices Commission (TSPC) will be made, as appropriate under Oregon law.

If the district employee, contractor or agent of the district decides not to appeal the determination or if the determination is sustained after an appeal, a record of the substantiated report will be placed in the employee’s personnel file or in the administrative file for the contractor or agent of the district.  The employee, contractor or agent of the district will be notified that this information may be disclosed to a potential employer. The district will not serve as a reference for a contractor or agent of the district that has a substantiated report.

The district will post in each school building the name and contact information of the person designated to receive sexual conduct 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 perpetrator, the superintendent or designee shall receive the report. When the superintendent or designee takes action on the report, the person who initiated the report must be notified. When the superintendent is the suspected perpetrator, the Board chair shall receive the report.

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 complainant. If a student initiates a report of suspected sexual conduct by a district employee, a contractor, or an agent of the district in good faith, the student will not be disciplined by the Board or any district employee.

The district will provide annual training to district employees, parents and students regarding the prevention and identification of sexual conduct. The district will provide to employees, contractors or agents of the district at the time of hire a description of conduct that may constitute sexual conduct and a description of records subject to disclosure if a sexual conduct report is substantiated.

Educational providers shall follow hiring and reporting procedures as outlined in Oregon Revised Statute ORS 339.374 for all district employees.

END OF POLICY

Legal Reference(s):

ORS 339.370 - 339.400
ORS 418.746 - 418.751
ORS 419B.005 - 419B.045

Every Student Succeeds Act, 20 U.S.C. § 7926 (2012)

Cross Reference(s):

GCAB - Personal Electronic Devices and Social Media - Staff
JHFE - Reporting of Suspected Abuse of a Child


[1] An “agent” is a person authorized to act on behalf of another (called the principal) to create legal relations with a third party.