Or. Admin. R. 581-055-0004

Current through Register Vol. 63, No. 6, June 1, 2024

Section 581-055-0004 - Sexual Conduct Investigations by the Department of Education

(1) When the Department of Education receives a report of suspected sexual conduct, the department shall determine whether:

(a) The report alleges sexual conduct as defined in OAR 581-055-0001; and

(b) A school employee, contractor, agent, or volunteer who is not licensed by the Teacher Standards and Practices Commission is alleged to have committed the sexual conduct.

(2) If the department determines that the report of suspected sexual conduct meets the requirements of (1) of this rule, the department shall immediately initiate an investigation and send notice of the investigation to:

(a) The education provider for which the school employee, contractor, agent, or volunteer who is alleged to have committed the sexual conduct was working, acting, or performing services when the alleged sexual conduct occurred; and

(b) Any other education provider that the Department of Education determines must receive notice to ensure the safety of students.

(3) An investigation conducted under this rule shall include a detailed inquiry into the factual allegations of the report of suspected sexual conduct including, but not limited to:

(a) The gathering of any evidence relevant to the allegations in the report; and

(b) Interviews with:

(A) The person who initiated the report;

(B) The student who may have been subjected to sexual conduct;

(C) The subject of the report who is alleged to have committed the sexual conduct; and

(D) Any witnesses to the events that were reported.

(4) A person appointed to conduct an investigation under this rule may:

(a) Issue subpoenas to require the attendance of witnesses or the production of documents or other evidence;

(b) Subpoena witnesses; and

(c) Swear witnesses and compel obedience in the same manner as provided by law for state agencies in contested cases.

Or. Admin. R. 581-055-0004

ODE 30-2020, adopt filed 06/24/2020, effective 6/24/2020

Statutory/Other Authority: ORS 326.051 & ORS 339.391

Statutes/Other Implemented: ORS 339.391