Laws & Definitions
Any verbal or physical conduct by a school employee that is a) sexual in nature, b) is directed toward a K-12 student, c)has the effect of unreasonably interfering with a student's educational performance; and/or creates an intimidating, hostile, or offensive educational environment
What is sexual conduct/misconduct?
Selecting a student whose family is under stress; who is not close to parents; has low self-esteem; lacks self-confidence; is a student with special needs; is depressed or anxious
What is step 1 in the Grooming Process?
Assisting a kindergartner after a bathroom accident; taking the volleyball team to a team dinner; sending a group email to the entire class
What are appropriate educational or health related student contacts?
GBSD School Board policy on reporting requirements regarding sexual conduct with students.
What is JHFF?
Follow any applicable collective bargaining agreement, contracts or policies regarding investigations; interview complainant witnesses and the accused employee; write up investigation findings; notify the person who initiated the report about actions taken.
What are the steps in the investigation of a report of sexual conduct?
Passed by the Oregon Legislature in the 2009 and became effective July 1, 2020 and was aimed at expanding existing child abuse protections to prevent "sexual conduct" by school employees.
What is HB 2062?
Engaging with a student in student-like behavior such as hanging out with students more than peers, hanging out with students and engaging in activities that attract younger kids (i.e. videogames)
What is step 2 in the Grooming Process?
Undue interest in one child; giving certain privileges to certain students; giving gifts or money to a student for no valid educational purpose; overly touchy with students
What are examples of the invasions of the adult into a child's personal space and personal life.
Notification to DHS or a law enforcement agency and also notify his/her immediate supervisor and the Deputy Superintendent/HR
What is the first step when any district/school employee or volunteer has reasonable cause to believe another district/school employee or volunteer has engaged in sexual conduct with a student?
Report of sexual conduct that a district has reasonable cause to believe is founded based on available evidence after conducting and investigation AND involves conduct that the district determines is sufficiently serious to be documented in an employee's personnel file.
What is a substantiated report?
School districts, OR School for the Deaf, Educational Programs under the Youth Corrections Education Program, Public Charter Schools, ESD's, State operated program providing educational services to K-12 students, and Private Schools
Who are education providers?
Desensitizing the child to touch by blurring the boundaries between appropriate and inappropriate touching.
What is step 3 in the Grooming Process?
True or False: Sexual Conduct does NOT include abuse.
What is True?
Form that lists among other things the name of complainant, position of complainant, description of sexual conduct; name of witnesses and witness disclosure form.
What is the Sexual Conduct Complaint Form JHFF-AR?
Inform school employee of substantiated report; inform school employee of appeal process; if no appeal is sustained, create record of substantiated report and place in personnel file; inform employee that this information may be disclosed to future employers.
What are steps taken if report is substantiated?
*Staff performing backrubs on a student
*Kissing students
*Touching students frequently
*Commenting on students' bodies or appearance in a sexual manner
*Going to a student's home without parent supervision
*Using e-mail, text-messaging, or instant messaging to discuss sexual topics with individual students
*Exchanging romantic gifts or communications with a student
What are examples of Sexual Conduct?
Isolating the student by providing private coaching, tutoring, providing transportation, providing employment opportunities (i.e. babysitting, yard work)
What is step 4 in the Grooming Process?
Inviting a student to the classroom during non-class times; talking with a student about problems normally discussed with adults; telling and having secrets with the students
What are examples of Boundary Invasions?
Must post in each school building the name and contact information of the person designated to receive building reports of suspected child abuse or sexual conduct.
What is the PACE posting requirement?
The District cannot enter into a collective bargaining agreement, or contract or settlement agreement that suppresses information related to: ongoing investigation into suspected child abuse or sexual conduct; substantiated report of child abuse or sexual conduct; affects the employer's duty to report or discipline employee or requires employer to expunge information related to substantiated report.
What are rules regarding agreements with employees?
Finding a vulnerable student and engaging in increasingly inappropriate boundary invasions.
What is "Sexual Grooming"?
Making the child feel responsible by turning curiosity around, making the student think they will get in trouble if anyone finds out and asking them who would believe them
What is step 5 in the Grooming Process?
Giving rides in a personal vehicle with or without prior permission; electronic communication to discuss personal/non-academic interests or topics with a student; being alone with a student behind closed doors at school; allowing a child to get away with inappropriate behavior
What are examples of boundary invasions?
Must provide annual training to employees on prevention and identification of child abuse and sexual conduct and the reporting obligations.
What is the PACE training requirement/best practice?
Human Resources Department
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