Oregon Revised Statutes Chapter 342 § 342.704 — Adoption of policies on sexual harassment required; contents; rules

Adoption of policies on sexual harassment required; contents; rules. (1) As used in this section: (a) “District” includes a school district, an education service district and a public charter school. (b) “Without consent” means an act performed: (A) Without the knowing, voluntary and clear agreement by all parties to participate in the specific act; or (B) When a person who is a party to the act is: (i) Incapacitated by drugs or alcohol; (ii) Unconscious; or (iii) Pressured through physical force, coercion or explicit or implied threats to participate in the act. (2)(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 consent. (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 consent. (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 rep