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

(1)

Intentionally left blank —Ed.

(a)

Following an investigation conducted under OAR 581-055-0004 (Sexual Conduct Investigations by the Department of Education), 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 (Rules for Office of Administrative Hearings) to 137-003-0700 (Stay Proceeding and Order), as described in OAR 581-055-0011 (Appeal of Matters Asserted).

(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)

Intentionally left blank —Ed.

(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 (Sexual Conduct Investigations by the Department of Education).
(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.

Source: Rule 581-055-0007 — Sexual Conduct Final Reports by the Department of Education, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-055-0007.

Last Updated

Jun. 8, 2021

Rule 581-055-0007’s source at or​.us