OAR 581-021-0038
Minimum Requirements for School District Sexual Harassment Policies

(1) For purposes of this rule:
(a) “District” includes school district, education service district, and public charter school.
(b)(A) “Sexual harassment” includes:
(i) A demand or a request for sexual favors in exchange for benefits.
(ii) Unwelcome conduct of a sexual nature that is physical, verbal, or nonverbal and that:
(I) Interferes with a student’s educational activity or program;
(II) Interferes with a school or district staff member’s ability to perform their job; or
(III) Creates an intimidating, offensive, or hostile environment.
(iii) Assault, when sexual contact occurs without a person’s consent because the person is:
(I) Under the influence of drugs or alcohol;
(II) Unconscious; or
(III) Pressured through physical force, coercion or explicit or implied threats.
(B) “Sexual harassment” does not include:
(i) Conduct that is necessary because of a job duty of a school or district staff member or because of a service required to be provided by a contractor, agent, or volunteer, if the conduct is not the product of sexual intent.
(ii) A person finding another person, or another person’s actions, offensive because of that other person’s sexual orientation or gender identity.
(c) “Third party” means a person who is not a student or a school or district staff member and who is:
(A) On or immediately adjacent to school grounds or district property;
(B) At a school-sponsored or district-sponsored activity or program; or
(C) Off school grounds or district property if a student or a school or district staff member acts toward the person in a manner that creates a hostile environment for the person in an environment described in subparagraphs (A) and (B) of this paragraph.
(2) It is the policy of the Oregon State Board of Education that all students, staff members, and other persons in Oregon schools are entitled to learn and work in an environment that is free of harassment. To that end, sexual harassment will not be tolerated in Oregon schools.
(3) School districts shall adopt policies that meet the requirements set forth in subsection (5) of this rule that address the sexual harassment of:
(a) Students by school and district staff members or by other students;
(b) School and district staff members by students or by other staff members; and
(c) Third parties.
(4) Polices adopted pursuant to this rule must be:
(a) Published in the school or district student handbook;
(b) Published on the school or district website;
(c) Made available at each school office and at the district office;
(d) Posted on a sign in all schools teaching a grade between grade 6 and 12, on a sign that is at least 8.5 by 11 inches in size; and
(e) Made available upon request to students, parents of students, school and district staff members, and third parties.
(5) A policy adopted pursuant to this rule must include, but is not limited to, the following requirements:
(a) A statement of the district’s commitment to eliminate sexual harassment;
(b) All students and school and district staff are subject to the policy;
(c) One or more definitions for the types of harassment covered by the policy;
(d) Examples of the kinds of harassing behaviors covered by the policy;
(e) The name and position of each employee responsible for accepting and managing complaints of harassment covered by the policy and how to contact the employee or employees;
(f) A requirement that when a school or district staff member becomes aware of behavior that may violate the policy, the staff member shall report the behavior to a district official, and a requirement that the district official shall take any action necessary to ensure that the impacted person is protected and to promote a nonhostile work and learning environment, including:
(A) Providing resources and support measures to the impacted person; and
(B) Taking any action that is necessary to remove the potential future impact on the impacted person, provided that the action is not retaliatory against the impacted person or the staff member who reported the behavior;
(g) The initiation of a complaint, reporting of behavior, or participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect:
(A) The educational assignments or educational environment of a student or other person initiating the complaint, reporting the behavior, or participating in the investigation;
(B) Any terms or conditions of employment or of work or educational environment of a school or district staff member or other person initiating the complaint, reporting the behavior, or participating in the investigation;
(h) A requirement that students who initiate a complaint or otherwise report harassment covered by the policy or who participate in an investigation may not be disciplined for violations of the district’s drug and alcohol policies that occurred in connection with the reported prohibited conduct and that were discovered because of the report or investigation, unless the student gave another person alcohol or drugs without the person’s knowledge and with the intent of causing the person to become incapacitated and vulnerable to the prohibited conduct.
(i) When a student, staff member, or third party files a complaint under the policy, the district must provide notice as required by subsection (6) to:
(A) Each reporting person;
(B) If appropriate, any impacted person who is not a reporting person;
(C) Each reported person; and
(D) Where applicable, a parent or legal guardian of a reporting person, impacted person, or reported person;
(j) Each person receiving notice under paragraph (i) of this subsection shall be notified when the investigation is initiated and is concluded, and whether a violation of the policy was found to have occurred following the investigation, to the extent allowable under state and federal student confidentiality laws;
(k) All complaints about behavior that may violate the policy shall be investigated;
(l) Identification of the means the district will use to investigate incidents of harassment covered by the policy;
(m) Procedures to address sexual harassment of students or school or district staff members by third parties;
(n) Standards for determining whether a hostile environment exists;
(o) Remedial action the district will take to stop harassment covered by the policy and prevent reoccurrence; and
(p) Prohibition of retaliation against persons who initiate a complaint or otherwise report harassment covered by the policy or who participate in an investigation or other related activities
(6) Written notification required under subsection (5)(i) must include, but is not limited to:
(a) Name and contact information for all persons designated by the district to receive complaints;
(b) The rights of the person;
(c) Information about the privacy rights of the person and legally recognized exceptions to those privacy rights for internal complaint processes and services available through the school or school district;
(d) Information about the complaint process, including any applicable timelines;
(e) Notice that civil and criminal remedies that are not provided by the school or district may be available to the person through the legal system, and that those remedies may be subject to statutes of limitation;
(f) Information about services available to the person through the district, including any counseling services, nursing services, or peer advising;
(g) Information about and contact information for support services available to the person, including:
(A) For the reporting person, state and community-based resources for persons who have experienced sexual harassment; or
(B) For the reported persons, information about and contact information for state and community-based mental health services;
(h) Notice of the prohibitions of discipline as described in subsection (5)(h); and
(i) Notice of prohibition of retaliation;
(7) The Department of Education will provide technical assistance, including assistance in the development of appropriate training, to districts upon request in the development of appropriate sexual harassment policies as required by this rule.

Source: Rule 581-021-0038 — Minimum Requirements for School District Sexual Harassment Policies, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-021-0038.

581‑021‑0009
Exemptions 581‑021‑0013
Child Development Specialist Programs 581‑021‑0017
Dental Screening Certification 581‑021‑0019
Interdistrict Transfer Agreement 581‑021‑0020
District School Board Proceedings 581‑021‑0022
Student Evaluation 581‑021‑0023
Mercury Elimination Policy 581‑021‑0026
Examination of Children Instructed by Parent, Legal Guardian or Private Teacher 581‑021‑0029
Home Schooling for Children with Disabilities 581‑021‑0030
Limitation on Administration and Utilization of Tests in Public Schools 581‑021‑0031
Vision Screening 581‑021‑0033
Interscholastic Activities Eligibility Requirement for Home School Students 581‑021‑0037
Administration of Medication 581‑021‑0038
Minimum Requirements for School District Sexual Harassment Policies 581‑021‑0041
Form and Protocol for Sports Physical Examinations 581‑021‑0043
Displaying Sovereign Tribal Government’s Flags in Public Schools 581‑021‑0045
Discrimination Prohibited 581‑021‑0046
Program Compliance Standards 581‑021‑0047
Prohibits Public Schools from using Native American Mascots 581‑021‑0050
Minimum Standards for Student Conduct and Discipline 581‑021‑0055
Standards of Conduct 581‑021‑0060
Discipline Procedures, Prohibition of Corporal Punishment 581‑021‑0061
Corporal Punishment 581‑021‑0065
Suspension 581‑021‑0070
Expulsion 581‑021‑0071
District Information for Parents and Students Regarding the Availability of Alternative Education Programs 581‑021‑0072
Registration of Private Alternative Programs/Schools 581‑021‑0073
Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure 581‑021‑0075
Distribution 581‑021‑0076
Exemption from Compulsory Attendance 581‑021‑0077
Compulsory Attendance Notices and Citation 581‑021‑0081
Student Absences 581‑021‑0100
School Traffic Patrols 581‑021‑0110
Tobacco Free Schools 581‑021‑0200
Standard Education for Oregon Students 581‑021‑0210
Evaluating Student Transcripts 581‑021‑0220
Definitions 581‑021‑0225
Records of Law Enforcement Units 581‑021‑0230
The Rights of Parents 581‑021‑0240
The Rights of Eligible Students 581‑021‑0250
An Educational Agency or Institution’s Policy Regarding Student Education Records 581‑021‑0255
Transfer of Student Education Records 581‑021‑0260
An Educational Agency or Institution’s Annual Notification 581‑021‑0265
Confidentiality of Student Education Records 581‑021‑0270
Rights of Inspection and Review of Education Records 581‑021‑0280
Fees for Copies of Education Records 581‑021‑0290
Limitations on the Right to Inspect and Review Records 581‑021‑0300
A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records 581‑021‑0310
Right to a Hearing to Challenge Content 581‑021‑0320
Minimum Requirements for the Conduct of a Hearing 581‑021‑0330
Prior Consent to Disclose Information 581‑021‑0340
Exceptions to Prior Consent 581‑021‑0350
Limitations on the Redisclosure of Information 581‑021‑0360
Conditions for the Disclosure of Information to Other Educational Agencies or Institutions 581‑021‑0370
Conditions for the Disclosure of Information for Federal or State Program Purposes 581‑021‑0371
Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena 581‑021‑0372
Conditions for the Disclosure of Information When Legal Action Initiated 581‑021‑0380
Conditions for the Disclosure of Information in Health and Safety Emergencies 581‑021‑0390
Conditions for the Disclosure of Directory Information 581‑021‑0391
Conditions for the Disclosure of Information to Juvenile Justice Agencies 581‑021‑0400
Recordkeeping Requirements 581‑021‑0410
Filing a Federal Complaint 581‑021‑0420
Civil Action 581‑021‑0430
The Distribution of Rules Relating to Student Records 581‑021‑0505
Radio Frequency Identification Device Policy for Student 581‑021‑0510
Fingerprinting: Definitions 581‑021‑0511
Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses 581‑021‑0512
Non-employment criminal background checks for school districts 581‑021‑0550
Definitions: Restraint and Seclusion 581‑021‑0553
Use of Restraint and Seclusion in Public Education Programs 581‑021‑0556
Procedures Regarding Restraint and Seclusion 581‑021‑0563
Approval of Restraint and Seclusion Training Programs for School Staff 581‑021‑0566
Required Use of Approved Restraint and Seclusion Programs 581‑021‑0568
Standards for Seclusion Rooms 581‑021‑0569
Use of Seclusion Cells Prohibited 581‑021‑0570
Complaint Procedures 581‑021‑0576
Definitions 581‑021‑0578
School District Eligibility to Offer a Post Graduate Scholar Program 581‑021‑0579
Student Eligibility to Participate in a Post Graduate Scholar Program 581‑021‑0580
Definitions 581‑021‑0582
Establishment 581‑021‑0584
Oregon State Seal of Biliteracy
Last Updated

Jun. 8, 2021

Rule 581-021-0038’s source at or​.us