ORS 342.704
Adoption of policies on sexual harassment required

  • contents
  • rules

(1)

As used in this section, “district” includes a school district, an education service district and a public charter school.

(2)

Intentionally left blank —Ed.

(a)

The State Board of Education shall adopt by rule minimum requirements for district policies on:

(A)

Sexual harassment of students by staff members and other students.

(B)

Sexual harassment of staff members by students and other staff members.

(C)

Sexual harassment of persons described in subsection (5)(b) of this section by staff members and students.

(b)

A private school shall adopt policies on:

(A)

Sexual harassment of students by staff members and other students.

(B)

Sexual harassment of staff members by students and other staff members.

(C)

Sexual harassment of persons described in subsection (5)(b) of this section by staff members and students.

(c)

Rules adopted by the State Board of Education and policies adopted by private schools must comply with the requirements of this section.

(3)

A policy on sexual harassment of students by staff members and other students must include requirements that:

(a)

All staff members and students are subject to the policies.

(b)

Sexual harassment of students includes:

(A)

A demand or request for sexual favors in exchange for benefits;

(B)

Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that interferes with a student’s educational program or activity or that creates an intimidating, offensive or hostile educational environment; and

(C)

Assault when sexual contact occurs without a student’s consent because the student is under the influence of drugs or alcohol, is unconscious or is pressured through physical force, coercion or explicit or implied threats.

(c)

When a student or, if applicable, the student’s parents file a complaint alleging behavior that may violate the policy, the student or student’s parents shall receive a written notification as described in subsection (6) of this section.

(d)

When a staff member becomes aware of behavior that may violate the policy, the staff member shall report to an official of the district or private school so that the official and the staff member may coordinate efforts to take any action necessary to ensure the student is protected and to promote a nonhostile learning environment, including:

(A)

Providing resources for support measures to the student; and

(B)

Taking any actions that are necessary to remove potential future impact on the student, but that are not retaliatory against the student or the staff member who reported to the official of the district or private school.

(e)

All complaints about behavior that may violate the policy shall be investigated.

(f)

The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or who participated in the investigation.

(g)

The person who initiated the complaint and, if applicable, the student’s parents shall be notified:

(A)

When the investigation is initiated and concluded; and

(B)

As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.

(4)

A policy on sexual harassment of staff members by students and other staff members must include requirements that:

(a)

All staff members and students are subject to the policies.

(b)

Sexual harassment of staff members includes:

(A)

A demand or request for sexual favors in exchange for benefits;

(B)

Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that interferes with a staff member’s ability to perform the job or that creates an intimidating, offensive or hostile work environment; and

(C)

Assault when sexual contact occurs without a staff member’s consent because the staff member is under the influence of drugs or alcohol, is unconscious or is pressured through physical force, coercion or explicit or implied threats.

(c)

When a staff member files a complaint alleging behavior that may violate the policy, the staff member shall receive a written notification as described in subsection (6) of this section.

(d)

When another staff member becomes aware of behavior that may violate the policy, the other staff member shall report to an official of the district or private school so that the official may take any action necessary to ensure the staff member is protected and to promote a nonhostile work environment, including:

(A)

Providing resources for support measures to the staff member; and

(B)

Taking any actions that are necessary to remove potential future impact on the staff member, but that are not retaliatory against the staff member or the other staff member who reported to the official of the district or private school.

(e)

All complaints about behavior that may violate the policy shall be investigated.

(f)

The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or participated in the investigation.

(g)

The person who initiated the complaint shall be notified:

(A)

When the investigation is initiated and concluded; and

(B)

As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.

(5)

A policy on sexual harassment of persons described in paragraph (b) of this subsection by staff members and students must include requirements that:

(a)

All staff members and students are subject to the policies.

(b)

The policies apply to persons who:

(A)

Are on or immediately adjacent to school grounds or school or district property;

(B)

Are at any school-sponsored or district-sponsored activity or program; or

(C)

Are off school or district property, if a student or staff member acts toward the person in a manner that creates a hostile environment for the person while at school or a school-sponsored or district-sponsored activity or program.

(c)

Sexual harassment of persons described in paragraph (b) of this subsection includes:

(A)

A demand or request for sexual favors in exchange for benefits;

(B)

Unwelcome conduct of a sexual nature that is physical, verbal or nonverbal and that creates an intimidating, offensive or hostile environment; and

(C)

Assault when sexual contact occurs without a person’s consent because the person is under the influence of drugs or alcohol, is unconscious or is pressured through physical force, coercion or explicit or implied threats.

(d)

When a person who may have been subjected to behavior in violation of the policy or, if applicable, the person’s parents file a complaint alleging behavior that may violate the policy, the person or person’s parents shall receive a written notification as described in subsection (6) of this section.

(e)

When a staff member becomes aware of behavior that may violate the policy, the staff member shall report to an official of the district or private school so that the official and the staff member may coordinate efforts to take any action necessary to ensure the person who was subjected to the behavior is protected and to promote a nonhostile environment, including:

(A)

Providing resources for support measures to the person who was subjected to the behavior; and

(B)

Taking any actions that are necessary to remove potential future impact on the person, but that are not retaliatory against the person or the staff member who reported to the official of the district or private school.

(f)

All complaints about behavior that may violate the policy shall be investigated.

(g)

The initiation of a complaint, and the participation in an investigation, in good faith about behavior that may violate the policy may not adversely affect the educational assignments or any terms or conditions of employment or of work or educational environment of the person who initiated the complaint or who participated in the investigation.

(h)

The person who initiated the complaint and, if applicable, the person’s parents shall be notified:

(A)

When the investigation is initiated and concluded; and

(B)

As to whether a violation of the policy was found to have occurred, to the extent allowable under state and federal student confidentiality laws.

(6)

Intentionally left blank —Ed.

(a)

The written notification required under subsections (3)(c), (4)(c) and (5)(d) of this section must set forth:

(A)

The rights of the student, student’s parents, staff member, person or person’s parents who filed the complaint.

(B)

Information about the internal complaint processes available through the school or district that the student, student’s parents, staff member, person or person’s parents who filed the complaint may pursue, including the person designated for the school or district for receiving complaints.

(C)

Notice that civil and criminal remedies that are not provided by the school or district may be available to the student, student’s parents, staff member, person or person’s parents through the legal system and that those remedies may be subject to statutes of limitation.

(D)

Information about services available to the student or staff member through the school or district, including any counseling services, nursing services or peer advising.

(E)

Information about the privacy rights of the student, staff member or person and legally recognized exceptions to those rights for internal complaint processes and services available through the school or district.

(F)

Information about, and contact information for, state and community-based services and resources that are available to persons who have experienced sexual harassment.

(G)

Notice that students who report information about possible prohibited conduct and students who participate in an investigation under a policy adopted as provided by this section 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 as a result of a prohibited conduct 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.

(b)

The written notification required by this subsection must:

(A)

Be written in plain language that is easy to understand;

(B)

Use print that is of a color, size and font that allow the notification to be easily read; and

(C)

Be made available to students, students’ parents, staff members and members of the public at each school office, at the district office and on the website of the school or district. [1997 c.272 §2; 2018 c.38 §1; 2019 c.442 §1; 2021 c.479 §4]
Note: See note under 342.700 (Policy on sexual harassment).

Source: Section 342.704 — Adoption of policies on sexual harassment required; contents; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors342.­html.

342.120
Definitions for chapter
342.121
Teacher and administrator licensing
342.122
National Board Certification Fund
342.123
Knowledge of civil rights laws and ethical standards required
342.125
Types of licenses
342.127
Fees
342.130
Certain existing certificates and licenses not invalidated
342.136
Preliminary teaching license, personnel service license and administrative license
342.137
Distinguished teacher leader license
342.138
Professional teaching license, professional personnel service license and professional administrative license
342.143
Issuance of licenses and registrations
342.144
American Indian languages teaching license
342.147
Approval of educator preparation providers and educator preparation programs
342.153
Proficiency in Braille required for teaching license to provide education to blind students
342.165
Commission rules
342.173
Effect of employing certain persons
342.175
Grounds for discipline
342.176
Complaint process
342.177
Hearing and decision on charges
342.180
Appeal
342.183
Letters of informal reproval
342.192
Licensing requirements for out-of-state applicants
342.195
Teaching licenses based on experience in certain federal programs
342.200
Administrative licenses based on professional skills and experience
342.202
Administrator comprehensive leadership development system
342.203
Publication of list of teachers, administrators and teacher candidates subjected to discipline
342.208
Model career pathways for instructional assistants to become licensed teachers
342.223
Criminal records check
342.350
Commission established
342.360
Members
342.380
Organization
342.390
Meetings
342.410
Executive director
342.420
Member’s salary
342.425
Annual report on duties, powers and functions of commission
342.430
Teacher Standards and Practices Commission Account
342.433
Definitions for ORS 342.433 to 342.449
342.437
Goal
342.443
Reports of longitudinal data
342.447
Plans for recruitment, admission, retention and graduation of diverse educators
342.448
Reports related to implementation of Educators Equity Act
342.449
Short title
342.455
Definition of “school nurse.”
342.465
Rules
342.475
School nurses
342.485
Commission to consult with and advise Oregon State Board of Nursing on school nursing
342.495
Holder of school nurse certificate qualified to conduct and coordinate health services program
342.513
Renewal or nonrenewal of contracts for following year
342.521
Contracts with teachers for return of part of salary prohibited
342.545
Termination of teacher’s contract
342.549
Administrator contracts
342.553
Discipline for resigning without providing required notice
342.608
Working hours for licensed personnel
342.610
Minimum salary for substitute teachers
342.664
Required ratio of pupils to staff holders of first aid cards
342.700
Policy on sexual harassment
342.704
Adoption of policies on sexual harassment required
342.708
ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and remedies
342.721
Definitions for ORS 342.723 and 342.726
342.723
Prohibitions on school district employees
342.726
Curricula to include information on steroids and performance-enhancing substances
342.805
Short title
342.815
Definitions for ORS 342.805 to 342.937
342.835
Probationary teacher
342.840
Determination of length of service for probationary teacher
342.845
Contract teacher
342.850
Teacher evaluation
342.856
Core teaching standards
342.865
Grounds for dismissal or contract nonextension of contract teacher
342.875
Suspension
342.895
Contract teachers
342.905
Appeal procedure
342.910
Waiver of contract grievance claim if appeal of dismissal decision filed
342.930
Fair Dismissal Appeals Board
342.934
Procedure for reduction of teacher staff due to funding or administrative decision
342.937
Reimbursement for teacher dismissal costs
342.940
Educator Advancement Council
342.943
System of educator networks
342.953
Educator Advancement Fund
342.961
Internal investigations of employee misconduct or wrongdoing
342.965
Interchange of teachers
342.971
Educator Preparation Improvement Fund
342.974
Oregon Education Support Professional of the Year Program
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