581-022-2308 Agreements Entered Into with Voluntary Organizations (1) For purposes of this rule: (a) “Discrimination” means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, or gender identity; (b) “District” means: (A) A school district, an education service district, a Youth Corrections Education Program provider under contract with the department, a Juvenile Detention Education Program provider under contract with the department, or a program that receives moneys pursuant to ORS 343.243; and (B) Any educational agency, program, or service under contract or the jurisdiction of an entity described in subparagraph (A) of this paragraph. (c) “National origin” includes: (A) An individual’s or individual’s parent’s or guardian’s place of origin; (B) Latinx and other protected class ethnicities; (C) An individual’s religious or cultural ancestry that the individual associates with their personal identity; (D) Physical characteristics that are historically associated with a place of origin, protected class ethnicity, or religious or cultural ancestry, including but not limited to individuals who identify as Syrian, Muslim, Middle Eastern, Arab, Sikh, and Jewish; and (E) An individual whose first spoken language is not English or who is not proficient in speaking English, or who is under the custody of a parent or guardian whose first spoken language is not English or who is not proficient in speaking English. (d) “Protective hairstyle” means a hairstyle, hair color, or manner of wearing hair that includes, but is not limited to, locs, twists, and braids, regardless of whether the braids are created with extensions or styled with adornments. (e) “Race” includes: (A) Black, African American, American Indian, Alaska Native, Asian, Native Hawaiian, Pacific Islander, other protected class races, and multiracial individuals; and (B) Physical characteristics that are historically associated with race, that includes, but is not limited to, any natural hair, hair texture, hair type, or protective hairstyle associated with race. (f) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, or bisexuality. (g) “Gender identity” means an individual’s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. (2) A district shall adopt, and adhere to, a policy under which it may be a member of and pay fees, if any, to a voluntary organization that administers interscholastic activities or that facilitates the scheduling and programming of interscholastic activities only if the organization: (a) Implements and adheres to equity focused policies that: (A) Address the use of derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule that occurs at an interscholastic activity, including by spectators of the interscholastic activity; (B) Prohibit discrimination; (C) Permit a student to wear religious clothing in accordance with the student’s sincerely held religious belief and consistent with any safety and health requirements; and (D) Balance the health, safety, and reasonable accommodation needs of participants on an activity-by-activity basis; (b) Maintains a transparent complaint process that: (A) Has a reporting system to allow participants of interscholastic activities or members of the public to make complaints about student, coach, or spectator behavior; (B) Responds to a complaint made under subparagraph (b)(A) of this paragraph within 48 hours of the complaint being received; and (C) Resolves a complaint received under subparagraph (b) of this paragraph within 30 days of the complaint being received unless the organization determines that there is good cause to extend the timeline for resolving the complaint; (c) Develops and implements a system of sanctions against schools, students, coaches, and spectators if a complaint made under paragraph (b) of this subsection is verified; and (d) Performs and annual survey of students and their parents to understand and respond to potential violations of equity focused policies adopted under this rule or violations of OAR 581-021-0045, 581-021-0046, or 581-021-0047. (3) Subsection (2)(a)(A) of this rule only applies to school districts and any educational agency, program, or service under contract or the jurisdiction of a school district unless the inappropriate name, insult, verbal assault, profanity, or ridicule is directed toward an individual because of the individual’s age, disability, national origin, race, color, marital status, religion, sex, or sexual orientation. Statutory/Other Authority: ORS 326 & 659.855 Statutes/Other Implemented: ORS 332.075 & 659.850 History: ODE 25-2022, minor correction filed 05/20/2022, effective 05/20/2022 ODE 39-2021, adopt filed 12/29/2021, effective 12/29/2021