Oregon Revised Statutes Chapter 339 § 339.388 — Report

Report of abuse or sexual conduct; investigation; appeal process; disclosure of records. (1)(a) A school employee shall immediately submit a report as provided by paragraph (b) of this subsection if the school employee has reasonable cause to believe that: (A) A student has been subjected to abuse by another school employee or by a contractor, an agent, a volunteer or a student; (B) A student has been subjected to sexual conduct by another school employee or by a contractor, an agent or a volunteer; or (C) Another school employee or a contractor, an agent or a volunteer has engaged in sexual conduct. (b) The report required under paragraph (a) of this subsection shall be made to: (A) The licensed administrator designated in the policies adopted under ORS 339.372, for all reports of suspected abuse or suspected sexual conduct; and (B) A law enforcement agency or the Department of Human Services as required by ORS 419B.010 and 419B.015, for all reports of suspected abuse. (2) The licensed administrator who receives a report under subsection (1) of this section shall follow the procedures required by the policies adopted by the school board under ORS 339.372, including: (a) Notifying the Teacher Standards and Practices Commission as soon as possible of any reports of suspected sexual conduct that may have been committed by a person who is a commission licensee; and (b) Notifying the Department of Education as soon as possible of any reports of suspected sexual conduct that may have been committed by a person who is not a commission licensee. (3)(a) When a licensed administrator receives a report of suspected abuse or suspected sexual conduct by a school employee and there is reasonable cause to support the report, the education provider shall: (A) Place the school employee on paid administrative leave; and (B) Take necessary actions to ensure the student’s safety. (b) A school employee who is placed on paid administrative leave under paragraph (a) of this subsection shall remain on administrative leave until: (A) For a report of suspected abuse, a law enforcement agency or the Department of Human Services determines that the report: (i) Is substantiated and the education provider takes the appropriate employment action against the school employee; or (ii) Cannot be substantiated or is not a report of abuse and the education provider: (I) Determines that an employment policy has been violated and takes appropriate employment action against the school employee; or (II) Determines that an employment policy has not been violated and employment action against the school employee is not required. (B) For a report of suspected sexual conduct, the Teacher Standards and Practices Commission or the Department of Education determines that the report: (i) Is substantiated and the education provider takes the appropriate employment action against the school employee; or (ii) Cannot be substantiated or is not a report of sexual conduct and the education provider: (I) Determines that an employment policy has been violated and takes appropriate employment action against the school employee; or (II) Determines that an employment policy has not been violated and that employment action against the school employee is not required. (c) When a school employee is placed on paid administrative leave under paragraph (a) of this subsection, the education provider may not require the school employee to use any accrued leave during the paid administrative leave. (4)(a) Except as provided in paragraph (c) of this subsection, when a licensed administrator receives a report of suspected abuse or suspected sexual conduct by a contractor, an agent or a volunteer, the education provider: (A) May immediately prohibit the contractor, agent or volunteer from providing services to the education provider. (B) Shall prohibit the contractor, agent or volunteer from providing services to the education provider if the education provider determines that there is reasonable cause to support a report of abuse or sexual conduct. (b) Except as provided in paragraph (c) of this subsection, an education provider is not required to reinstate a contractor, an agent or a volunteer. Any reinstatement of a contractor, an agent or a volunteer that does occur may not occur until: (A) For a report of suspected abuse, a law enforcement agency or the Department of Human Services determines that the report: (i) Is substantiated and the education provider takes the appropriate actions to protect students; or (ii) Cannot be substantiated or is not a report of abuse and the education provider: (I) Takes the appropriate actions to protect students; or (II) Determines that no other actions are required to protect students. (B) For a report of suspected sexual conduct, the Teacher Standards and Practices Commission or the Department of Education determines that the report: (i) Is substantiated and the ed