Or. Admin. R. 581-055-0007

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

Section 581-055-0007 - Sexual Conduct Final Reports by the Department of Education

(1)

(a) Following an investigation conducted under OAR 581-055-0004, the Department of Education shall issue its final report, which must include the following information, as allowed by state and federal law:

(A) A cite to the department's statutory authority;

(B) The procedural background;

(C) The department's findings of fact;

(D) The evidentiary standards and legal analysis used to prepare the final report;

(E) The department's final determination, which will indicate whether the allegations raised in the report of suspected sexual conduct are substantiated, cannot be substantiated, or do not constitute a report of sexual conduct; and

(F) Information about the right to an appeal under OAR 137-003-0501 to 137-003-0700, as described in OAR 581-055-0011.

(b) The final report shall be sent to the following individuals within the time prescribed in subsection (2) of this rule:

(A) The person alleged to have committed the sexual conduct;

(B) The student involved and, if applicable, the student's parent or legal guardian;

(C) Each education provider that received notice of the investigation;

(D) The person who made the report of suspected sexual conduct; and

(E) Any regulatory board other than the Teacher Standards and Practices Commission that licenses, registers, certifies, or otherwise authorizes the actions of or the performance of services by the school employee, contractor, agent, or volunteer to practice a profession or provide professional services.

(2)

(a) The final report described in this rule must be issued no later than 90 calendar days after the department receives the report of suspected sexual conduct under OAR 581-055-0004.

(b) Notwithstanding paragraph (a) of this subsection, the department may extend the time by which the department must issue the final report if, for good cause, the department determines that a longer period of time is necessary.

Or. Admin. R. 581-055-0007

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