Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 55 - SEXUAL CONDUCT INVESTIGATIONS
Section 581-055-0007 - Sexual Conduct Final Reports by the Department of Education
Universal Citation: OR Admin Rules 581-055-0007
Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) Following an investigation conducted
under OAR 581-055-0004, 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 to 137-003-0700, as described in OAR
581-055-0011.
(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)
(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.
(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.
Statutory/Other Authority: ORS 326.051 & ORS 339.391
Statutes/Other Implemented: ORS 339.391
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