1. (1) Except as provided in OAR 581-055-0006, a final determination must be made for all reports of suspected sexual conduct that are determined to require an investigation under OAR 581-055-0003.

2. (2) Following an investigation conducted under OAR 581-055-0004, ODE shall issue its final determination on whether the allegation raised in the report:

   1. (a) Is “substantiated,” which means that based on available evidence, there is reasonable cause to believe the respondent engaged in sexual conduct;
   2. (b) “Cannot be substantiated,” which means there is insufficient evidence to conclude that there is reasonable cause to believe the respondent engaged in sexual conduct; or
   3. (c) Is “not a report of sexual conduct,” which means that the reported conduct does not meet the definition of sexual conduct.

3. (3) Unless an extension is granted as provided in paragraph (a) of this subsection, the final determination shall be issued to the education provider or providers that received notification of the investigation no later than 90 calendar days following the date on which the report was filed with ODE.

   1. (a) ODE may extend the time by which ODE must issue the final determination if, for good cause, ODE determines that a longer period of time is necessary.

   2. (b) Good cause to extend the 90-day timeline may apply to the following situations:

      1. (A) When law enforcement or ODHS is conducting an investigation; or
      2. (B) When critical information necessary to make a determination is outstanding.

Statutory/Other Authority

ORS 326.051 & ORS 339.391

Statutes/Other Implemented

ORS 339.391 & ORS 419B.019

History

ODE 16-2026, amend filed 04/17/2026, effective 04/17/2026
ODE 30-2020, adopt filed 06/24/2020, effective 06/24/2020