JHFF - Reporting Requirements Regarding Sexual Conduct with Students

Print Feedback

Font Size: + -

Code: JHFF
Adopted:10/17/13
Revised/Readopted: 08/08/17; 6/16/2020
Orig. Code(s): JHFF

Sexual conduct by Northwest Regional Education Service District (NWRESD) employees as defined by Oregon law will not be tolerated. All NWRESD employees are subject to this policy.

“Sexual conduct” is defined as any verbal or physical(or other) conduct by a NWRESD 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. This definition for sexual conduct does not include behavior that would be considered child abuse as outlined by Oregon law and NWRESD Board policy JHFE and JHFE-AR(1) - Reporting of Suspected Abuse of a Child.

Any NWRESD employee who has reasonable cause to believe that another NWRESD employee or volunteer has engaged in sexual conduct with a student must immediately notify his/her immediate supervisor.

When the NWRESD receives a report of suspected sexual conduct by a NWRESD employee, the NWRESD may decide to place the employee on paid administrative leave or 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, and the NWRESD employee 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 NWRESD will inform the employee that the report has been substantiated and provide information regarding the appeal process. The employee may appeal the NWRESD’s decision through the appeal process provided by the NWRESD’s collective bargaining agreement. A volunteer may appeal the NWRESD’s decision through the NWRESD’s complaint procedure. A substantiated report is one that: a) an educational provider has reasonable cause to believe is founded based on the available evidence after conducting an investigation; and b) involves conduct that the educational provider determines is sufficiently serious to be documented in the employee’s personnel file.

If the employee 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. The employee will be notified that this information may be disclosed to a potential employer.

The NWRESD 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 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.

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 NWRESD employee in good faith, the student will not be disciplined by the Board or any NWRESD employee.

The NWRESD will provide annual training to NWRESD employees, parents, and students regarding the prevention and identification of sexual conduct. The NWRESD will provide to employees 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 NWRESD employees.

END OF POLICY

Legal Reference(s):

Cross Reference(s):

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