67.1-03-01-01.1. Definitions.

For the purposes of this chapter:

1. "Board" means the education standards and practices board.

2. "Educator" means an individual licensed by the board.

3. "Grooming" means any of the following: a. Engaging in a pattern of flirtatious behavior. b. Making an effort to gain unreasonable access to, or time alone with, a student with no discernible educational purpose.

1. c. Engaging in behavior that reasonably may be construed as involving an inappropriate or overly personal or intimate relationship with, conduct toward, or focus on a student.
2. d. Engaging in other individualized, special treatment not in compliance with generally accepted educational practices.4. 'Local education agency' or 'LEA' means a local education agency and an educational building, facility, or program that employs educators licensed by the board which offers grades from kindergarten through grade twelve.5. 'Sexual conduct' means any of the following:- a. Telling explicit sexual jokes and stories.
3. b. Engaging in sexual kidding or teasing.
4. c. Engaging in sexual innuendos or making comments with double entendre.
5. d. Inappropriate physical touching.
6. e. Using spoken, written, or electronic communication to importune, invite, participate with, or entice an individual to expose or touch the individual's own or another individual's intimate body parts or to observe the individual's intimate body parts via computer network or system, social media platform, telephone network, or data network or by text message or instant messaging.
7. f. Sexual advances or requests for sexual favors.
8. g. Physical or romantic relationships, including sexual intercourse or oral sexual intercourse.
9. h. Discussion of one's personal romantic or sexual feelings or activities.
10. i. Discussion, outside of a professional teaching or counseling context endorsed or required by an employing school district, of a student's romantic or sexual feelings or activities.
11. j. Displaying, sharing, or transmitting pornographic or sexually explicit materials.
12. k. Physical contact the student previously has indicated is unwelcome, unless the contact is professionally required (e.g. to teach a sport or other skill, or to protect the safety of the student or others).
13. l. Other than for purposes of addressing student dress code violations or concerns, referencing the physical appearance or clothes of a student in a way that could reasonably be interpreted as sexual.
14. m. Self-disclosure or physical exposure of a sexual, romantic, or erotic nature.6. 'Sexually explicit' means communication, language, or material, including a photographic or video image, relating to or describing sexual conduct, as defined by subsection 5.7. 'Student' means an individual enrolled in any LEA.

History: Effective July 1, 2025.

General Authority: NDCC 15.1-13-08, 15.1-13-09, 15.1-13-10

Law Implemented: NDCC 15.1-13-08, 15.1-13-10