OAR 581-055-0006: Exceptions to Completing an Investigation

(1) During the course of an investigation, ODE may determine that the report does not require a final determination under the following circumstances: (a) The report was assigned for investigation in error; or (b) ODE received information after the report was assigned for investigation and that information, in combination with the report initially submitted to ODE, no longer constitutes a report of suspected sexual conduct. This exception may be used only when ODE determines the information: (A) Relates directly to and specifically negates all allegations of sexual conduct in the initial report; and (B) Is considered on the basis of the objectivity of the individual providing the information and the quality of the information. (2) If ODE determines that one of the exceptions to completing an investigation listed above applies, ODE shall: (a) Document the basis for the exception; and (b) Provide written notice that explains the basis of the exception to the education provider or providers that received notice under OAR 581-055-0004(1).