1. (1) When ODE receives a report of possible sexual conduct, ODE shall conduct screening activities to determine whether the report constitutes a report of suspected sexual conduct for which ODE has responsibility to investigate or a report of confirmed sexual conduct for which ODE does not have responsibility to investigate. Screening activities may include:

   1. (a) Determining whether the report alleges sexual conduct.
   2. (b) Determining whether, at the time of the alleged conduct, the student was a student.
   3. (c) Determining whether the respondent provided services to an education provider as a school employee, contractor, agent or volunteer within two calendar years prior to when the possible sexual conduct was committed.
   4. (d) Determining whether the respondent is a commission licensee.
   5. (e) Confirming that the respondent is not deceased.
   6. (f) Confirming that the respondent has not been convicted of a disqualifying crime.
   7. (g) Gathering information on the alleged conduct and the circumstances surrounding the report.
   8. (h) Requesting relevant records from the education provider pertaining to the alleged conduct.
   9. (i) Requesting relevant records from ODHS pertaining to the alleged conduct. If ODHS is presently conducting an investigation into the alleged conduct, ODE will wait for the conclusion of ODHS’ investigation before determining whether the report constitutes a report of suspected sexual conduct for purposes of investigations under ORS 339.391.
   10. (j) Requesting relevant records from law enforcement pertaining to the alleged conduct. If law enforcement is presently conducting an investigation into the alleged conduct, ODE will wait for the conclusion of law enforcement’s investigation before determining whether the report constitutes a report of suspected sexual conduct for purposes of investigations under ORS 339.391.

2. (2) When screening activities in subsection (1) of this rule are complete, ODE shall determine whether the report constitutes a report of suspected sexual conduct or a report of confirmed sexual conduct.

   1. (a) If ODE determines that the report is a report of suspected sexual conduct, ODE shall immediately initiate an investigation as defined in OAR 581-055-0004.

   2. (b) If ODE determines that the report is a report of confirmed sexual conduct, ODE shall:

      1. (A) Close the report at screening; and

      2. (B) Provide written notice to the respondent that explains:

         1. (i) Due to the conviction, ODE will maintain a record in its verification system indicating that the respondent has a substantiated report of sexual conduct with ODE; and
         2. (ii) The process the respondent can initiate to dispute ODE’s verification system record.
         3. (c) If ODE determines that the report is not a report of suspected sexual conduct or a report of confirmed sexual conduct, ODE shall close the report at screening. If the education provider has submitted a report of possible sexual conduct to ODE, ODE shall provide written notice to the education provider regarding its action to close the report at screening.

Statutory/Other Authority

ORS 326.051 & ORS 339.391

Statutes/Other Implemented

ORS 339.391 & ORS 419B.019

History

ODE 16-2026, adopt filed 04/17/2026, effective 04/17/2026