Teachers and Other School Personnel

ORS 342.704
Adoption of district policies on sexual harassment required

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  • rules


(1)

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

(2)

The State Board of Education shall adopt by rule minimum requirements for district policies on sexual harassment of students by staff members and other students. A district policy must include, but not be limited to, 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 (5) of this section.

(d)

When a staff member becomes aware of behavior that may violate the policy, the staff member shall report to a district official so that the district 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 district official.

(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.

(3)

The State Board of Education shall adopt by rule minimum requirements for district policies on sexual harassment of staff members by students and other staff members. A district policy must include, but not be limited to, 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 (5) of this section.

(d)

When another staff member becomes aware of behavior that may violate the policy, the other staff member shall report to a district official so that the district 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 district official.

(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.

(4)

The State Board of Education shall adopt by rule minimum requirements for district policies on sexual harassment of persons described in paragraph (b) of this subsection by staff members and students. A district policy must include, but not be limited to, 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 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 (5) of this section.

(e)

When a staff member becomes aware of behavior that may violate the policy, the staff member shall report to a district official so that the district 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 district official.

(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.

(5)

(a) The written notification required under subsections (2)(c), (3)(c) and (4)(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]
Note: The amendments to 342.704 (Adoption of district policies on sexual harassment required) by section 1, chapter 442, Oregon Laws 2019, take effect July 1, 2020. See section 2, chapter 442, Oregon Laws 2019. The text that is effective until July 1, 2020, including amendments by section 1, chapter 38, Oregon Laws 2018, is set forth for the user’s convenience.
342.704 (Adoption of district policies on sexual harassment required). (1) The State Board of Education shall adopt by rule minimum requirements for school district policies on sexual harassment of students by staff members and other students including, but not limited to, requirements that:

(a)

All staff members and students are subject to the policies;

(b)

Sexual harassment of students includes:

(A)

A demand for sexual favors in exchange for benefits; and

(B)

Unwelcome conduct of a sexual nature that has the purpose or effect of unreasonably interfering with a student’s educational performance or that creates an intimidating, offensive or hostile educational environment;

(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 (4) of this section;

(d)

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

(e)

The initiation of a complaint in good faith about behavior that may violate the policy may not adversely affect the educational assignments or educational environment of the student who initiated the complaint; and

(f)

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

(A)

When the investigation is 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.

(2)

The State Board of Education shall adopt by rule minimum requirements for school district policies on sexual harassment of staff members by students and other staff members including, but not limited to, requirements that:

(a)

All staff members and students are subject to the policies;

(b)

Sexual harassment of staff members includes:

(A)

A demand for sexual favors in exchange for benefits; and

(B)

Unwelcome conduct of a sexual nature that has the purpose or effect of unreasonably interfering with a staff member’s ability to perform the job or that creates an intimidating, offensive or hostile work environment;

(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 (4) of this section;

(d)

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

(e)

The initiation of a complaint in good faith about behavior that may violate the policy may not adversely affect any terms or conditions of employment or work environment of the staff member who initiated the complaint; and

(f)

The staff member who initiated the complaint shall be notified:

(A)

When the investigation is 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.

(3)

The State Board of Education shall adopt by rule minimum requirements for school district policies on sexual harassment of persons described in paragraph (b) of this subsection by staff members and students, including, but not limited to, requirements that:

(a)

All staff members and students are subject to the policies;

(b)

The policies apply to persons who are on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation or at any official school bus stop;

(c)

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

(A)

A demand for sexual favors in exchange for benefits; and

(B)

Unwelcome conduct of a sexual nature that:

(i)

Has the purpose or effect of unreasonably interfering with a person’s educational performance or a person’s ability to perform the job; or

(ii)

Creates an intimidating, offensive or hostile educational or work environment;

(d)

When a person 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 (4) of this section;

(e)

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

(f)

The initiation of a complaint in good faith about behavior that may violate the policy may not adversely affect any terms or conditions of employment or of work or educational environment of the person who initiated the complaint; and

(g)

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

(A)

When the investigation is 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) The written notification required under subsections (1)(c), (2)(c) and (3)(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 school district that the student, student’s parents, staff member, person or person’s parents who filed the complaint may pursue;

(C)

Notice that civil and criminal remedies that are not provided by the school or school 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 school 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 school district; and

(F)

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

(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 on the website of the school or school district.
Note: See note under 342.700 (Policy on sexual harassment).

Source

Last accessed
Jun. 26, 2021