(1) An education provider may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any similar contract or agreement that:
- (a) Has the effect of impairing or terminating an ongoing investigation, or suppressing information relating to an ongoing investigation, related to a report of suspected abuse or suspected sexual conduct;
- (b) Has the effect of suppressing information relating to a substantiated report of abuse or sexual conduct by a current or former school employee, contractor, agent or volunteer;
- (c) Affects the duties of the education provider to report suspected abuse or suspected sexual conduct or to discipline a current or former school employee, contractor, agent or volunteer for a substantiated report of abuse or sexual conduct;
- (d) Impairs the ability of the education provider to discipline a school employee, a contractor, an agent or a volunteer for a substantiated report of abuse or sexual conduct; or
- (e) Requires the education provider to expunge substantiated information about abuse or sexual conduct from any documents maintained by an education provider.
- (2) Any provision of an employment contract or agreement that is contrary to this section is void and unenforceable.
(3) Nothing in this section prevents an education provider from entering into a collective bargaining agreement that includes:
- (a) Standards for investigation of a report of suspected abuse or suspected sexual conduct; or
- (b) An appeal process from the determination made by or the action taken by an education provider related to a report of abuse or sexual conduct.
[2009 c.93 §10; 2012 c.92 §7; 2019 c.618 §8]