OAR 581-055-0004: Sexual Conduct Investigations

(1) When ODE initiates an investigation into a report of suspected sexual conduct, ODE shall send notice of the investigation to: (a) The education provider for which the respondent was working, acting, or performing services when the alleged sexual conduct occurred; (b) Any other education provider that ODE determines must receive notice to ensure the safety of students; and (c) The respondent who is alleged to have committed the sexual conduct. (2) If ODE’s investigation involves a report of suspected sexual conduct that has been investigated by ODHS or law enforcement, ODE may: (a) Rely on the findings of an ODHS or law enforcement investigation, including findings based on: (A) Interviews conducted with the student who may have been subjected to sexual conduct; (B) Interviews conducted with the respondent; (C) Interviews conducted with other individuals involved in the investigation; and (D) Evidence obtained during the investigation. (b) Assess what additional information is needed for ODE’s investigation in order to determine whether there is reasonable cause to believe that the respondent engaged in sexual conduct. (3) If ODE’s investigation involves a report of suspected sexual conduct that has not been investigated by ODHS or law enforcement, ODE’s investigation shall include the following activities: (a) Requesting interviews with the following persons: (A) The student who may have been subjected to sexual conduct. If the student is a minor or has a legal guardian, ODE must notify the parent or legal guardian prior to requesting an interview with the student. (B) Any witnesses to the reported sexual conduct. (C) The respondent. (i) If the respondent declines ODE’s interview request, it must be documented in ODE’s investigation report. (ii) If the respondent does not respond to ODE’s initial interview request, at least two additional attempts to interview the respondent must be made. (b) At least one additional attempt must be made by phone to the last known phone number. (c) At least one additional attempt must be made by mail to the last known address. (d) All attempts to contact the respondent must be documented in the investigation report. (e) Informing all individuals being interviewed that they may decline to be interviewed. (f) Obtaining and reviewing relevant material evidence. (4) Except as provided in OAR 581-055-0006, when investigation activities are complete, the ODE investigator shall prepare an investigation report that recommends whether the report of suspected sexual conduct should be substantiated, cannot be substantiated, or is not a report of sexual conduct.