Or. Admin. Code § 581-055-0004 - Sexual Conduct Investigations by the Department of Education
(1) When the
Department of Education receives a report of suspected sexual conduct, the
department shall determine whether:
(a) The
report alleges sexual conduct as defined in OAR 581-055-0001; and
(b) A school employee, contractor, agent, or
volunteer who is not licensed by the Teacher Standards and Practices Commission
is alleged to have committed the sexual conduct.
(2) If the department determines that the
report of suspected sexual conduct meets the requirements of (1) of this rule,
the department shall immediately initiate an investigation and send notice of
the investigation to:
(a) The education
provider for which the school employee, contractor, agent, or volunteer who is
alleged to have committed the sexual conduct was working, acting, or performing
services when the alleged sexual conduct occurred; and
(b) Any other education provider that the
Department of Education determines must receive notice to ensure the safety of
students.
(3) An
investigation conducted under this rule shall include a detailed inquiry into
the factual allegations of the report of suspected sexual conduct including,
but not limited to:
(a) The gathering of any
evidence relevant to the allegations in the report; and
(b) Interviews with:
(A) The person who initiated the
report;
(B) The student who may
have been subjected to sexual conduct;
(C) The subject of the report who is alleged
to have committed the sexual conduct; and
(D) Any witnesses to the events that were
reported.
(4)
A person appointed to conduct an investigation under this rule may:
(a) Issue subpoenas to require the attendance
of witnesses or the production of documents or other evidence;
(b) Subpoena witnesses; and
(c) Swear witnesses and compel obedience in
the same manner as provided by law for state agencies in contested
cases.
Notes
Statutory/Other Authority: ORS 326.051 & ORS 339.391
Statutes/Other Implemented: ORS 339.391
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