In fulfilling obligations to students, the North Dakota educator:

1. May not, without just cause, deny the student access to varying points of view;

2. Intentionally may not suppress or distort subject matter relevant to a student's academic program;

3. Shall protect the student from conditions detrimental to learning or to physiological or psychological well-being;

4. May not engage in physical abuse of a student or sexual conduct with a student and shall report to the education standards and practices board knowledge of such an act by an educator;

5. May not harass, discriminate against, or grant a discriminatory advantage to a student on the grounds of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, or sexual orientation; shall make reasonable effort to assure that a student is protected from harassment or discrimination on these grounds; and may not engage in a course of conduct that would encourage a reasonable student to develop a prejudice on these grounds;

6. May not use professional relationships with a student for personal advantage or gain by soliciting, encouraging, or consummating an inappropriate written, verbal, electronic, emotional, or physical relationship with a student;

7. May not engage in sexual conduct with or make an effort to groom a student which results from the educator's affiliation with an LEA in an official capacity. It is not a defense to an alleged violation of this section that the student consented to the conduct. The prohibitions described in this section extend at least twenty-four months after the date of the student's graduation or the date the student otherwise ceases enrollment in an LEA.

8. Shall disclose confidential information about individuals, in accordance with state and federal laws, if a compelling professional purpose is served or when required by law; and

9. Shall accord just and equitable treatment to all students as they exercise their educational rights and responsibilities.

History: Effective July 1, 1995; amended effective August 1, 2002; October 1, 2020; 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