OAR 715-030-0040: Report Relating to Sexual Misconduct; Contents.

(1) For the purposes of ORS 350.345(2)(a), a report of sexual misconduct made to a Title IX coordinator or equivalent official includes any report made by a student or employee of the institution, regardless of whether it is a first person account, third-person account, or anonymous account provided the report includes information that: (a) the person who experienced the sexual misconduct is a student or employee of the institution; and (b) there is sufficient information to determine the type of sexual misconduct that occurred. (2) An institution need only report and count one incidence of sexual misconduct if multiple reports are made of the same sexual misconduct action committed by the same person against the same victim. (3) For purposes of ORS 350.345(2)(k), “types of violence” means “types of sexual misconduct.” The “types of sexual misconduct” are: (a) sexual harassment; (b) sexual violence; (c) intimate partner violence; (d) domestic violence; (e) sexual exploitation; (f) stalking; (g) harassment or violence based on sexual orientation; or (h) gender-based harassment or violence. (5) For the purpose of ORS 350.345(2)(b), a “law enforcement investigation” is an investigation conducted by: (a) County sheriffs, municipal police departments, police departments established by a university under ORS 352.121 or 353.125, and state police; (b) Other police officers of this state or another state, including humane special agents as defined in ORS 181A.345; (c) A tribal government as defined in ORS 181A.940 that employs authorized tribal police officers as defined in ORS 181A.940; or (d) Law enforcement agencies of the federal government. (6) An institution shall count each investigation initiated by law enforcement during the reporting period in response to sexual misconduct that was also reported to the institution regardless of when the sexual misconduct was reported to the institution. (7) When required to report the number of students and employees for a specific reporting element in ORS 350.345, an institution shall separately list the number of students and the number of employees. (8) An institution shall not include the student or employee in the count of individuals investigated but not found responsible for violating sexual misconduct policies or codes of conduct prohibiting sexual misconduct policies if they were found responsible for other violations of sexual misconduct policies or codes of conduct prohibiting sexual misconduct during the reporting period. (9) An institution shall report the number of complainants reporting sexual misconduct to the institution’s Title IX coordinator or equivalent official who requested supportive measures, not the number of complainants to whom supportive measures were offered. (10) An institution shall report the number of complainants requesting a specific number of supportive measures: for example: 4 complainants requested 1 supportive measure; 3 complainant requested 2 supportive measures; etc. (11) An institution shall report the number of complainants who received a certain number of supportive measures: for example: 4 complainants received 1 supportive measure; 3 complainants received 2 supportive measures; etc. (12) An institution shall report the number of individuals who made a report to the Title IX coordinator or equivalent official during the reporting period and either declined to participate in an investigation initiated by the institution or requested that the institution not conduct an investigation into the report. An individual who did not respond to communications about the availability of an investigation shall be considered to have declined to participate in an investigation. Report the number of students and the number of employees separately. (13) An institution shall report the number of open investigations of sexual misconduct initiated by the institution that were not resolved during the previous academic year, regardless of when the investigation was initiated. (14) For the purpose of ORS 350.345(2)(k), the type of violence reported as occurring on the campus of the institution shall be reported as the type of sexual misconduct according to the categories listed in the definition for such term in OAR 715-030-0001 and may also include any campus-specific categories of sexual misconduct. The number of reports of each category of sexual misconduct occurring on the campus of the institution shall be reported separately . (15) The Commission shall provide a template that institutions may use to facilitate meeting the reporting requirements of ORS 350.345.