1. As used in this section:
a. "Responsible student" means a student enrolled in a school who is an adjudicated juvenile or an adult convicted of committing a sexual offense upon another student enrolled in the same school.
b. "Sexual offense" means an offense under chapter 12.1-20 for which "sexual act" or "sexual contact", as defined in section 12.1-20-02, is an element and the offenses under sections 12.1-20-05, 12.1-20-05.1, 12.1-20-12.1, 12.1-20-12.2, and 12.1-20-12.3.
2. A responsible student enrolled in the same school as the victim shall adhere to a safety plan developed by the school which may include:
a. Consideration of the victim's input.
b. No contact between the responsible student and the victim.
- c. Holding an expulsion hearing for the responsible student which grants procedural due process to the responsible student as provided by law and within the time period prescribed under section 15.1-19-09. For a misdemeanor offense, before holding an expulsion hearing, school administration shall review the offense to determine whether an expulsion hearing is warranted.
- d. Transferring a responsible student to an alternative education program, which may include virtual education if the responsible student is properly supervised.
- e. Transferring a responsible student to another school or building within the school district.
- f. Separating the responsible student from the victim at all times in school buildings and educational activities, if transferring the responsible student is not possible.
- g. Scheduled reviews of the safety plan to assess necessary adjustments and ensure continued safety of the victim.
- h. Other measures school administration deems appropriate to ensure the safety of the victim.3. The school shall determine the duration of a separation resulting from the safety plan based on:- a. The victim's input and well-being;
- b. The responsible student's age at the time of adjudication or conviction;
- c. The nature and severity of the offense;
- d. The responsible student's compliance with recommended intervention programs;
- e. The input of the victim or responsible student's legal guardian or custodian, child welfare and mental health professionals, and legal representatives; and
- f. Other factors school administration deems appropriate.4. A victim or the victim's legal guardian or custodian may request a review of the safety plan, including modification or removal of restrictions.5. Upon adjudication or conviction of a responsible student, the juvenile court in a juvenile case or the state's attorney in an adult case shall provide the superintendent or designee of the school district in which the responsible student is enrolled with a copy of the order of disposition or judgment and, upon consent of the victim, the victim's name. A record provided under this section is confidential under section 27-20.2-21.