581-055-0001 Sexual Conduct Investigations and Abuse Notifications: Definitions For purposes of OAR 581-055-0001 to OAR 581-055-0017: (1) “Agent” means a person acting on behalf of an education provider in a manner that requires the person to have direct, unsupervised contact with students. (2) “Contractor” means a person providing services to an education provider under a contract in a manner that requires the person to have direct, unsupervised contact with students. (3)(a) “Education provider” means: (A) A school district, as defined in ORS 332.002; (B) The Oregon School for the Deaf; (C) An educational program under the Youth Corrections Education Program; (D) A public charter school, as defined in ORS 338.005; (E) An education service district, as defined in ORS 334.003; (F) Any state-operated program that provides educational services to students; and (G) A private school. (b) “Education provider” does not include: (A) The Oregon Youth Authority; (B) The Department of Corrections; or (C) The Department of Education, except when functioning as an education provider on behalf of: (i) The Oregon School for the Deaf; (ii) An educational program under the Youth Corrections Education Program; or (iii) A public charter school, as defined in ORS 338.005, that is sponsored by the Department of Education. (4) “Private school” means a school that provides to students instructional programs that are not limited solely to dancing, drama, music, religious, or athletic instruction. (5) “School employee” means an employee of an education provider. (6)(a) “Sexual Conduct” means: (A) Conduct by a school employee, a contractor, an agent, or a volunteer that is verbal or physical in nature, that involves a student, and that is: (i) A sexual advancement or request for sexual favors directed toward a student; or (ii) Of a sexual nature that is directed toward a student or that has the effect of unreasonably interfering with a student’s educational performance, or of creating an intimidating, hostile, or offensive educational environment. (B) Communications by a school employee, a contractor, an agent, or a volunteer that are verbal, written, or electronic in nature, that involve a student, and that are: (i) Sexual advances or requests for sexual favors directed toward a student; or (ii) Of a sexual nature that are directed toward a student or that have the effect of unreasonably interfering with a student’s educational performance, or of creating an intimidating, hostile, or offensive educational environment. (b) “Sexual conduct” does not include touching for which there is no sexual intent and that is necessitated by the nature of a school employee’s job duties or by the services required to be provided by a contractor, agent, or volunteer. (7) “Student” means any person: (a) Who is in any grade from prekindergarten through grade 12; (b) Who is twenty-one years of age or younger and receives educational or related services from an education provider that is not a post-secondary institution of education; or (c) Who was previously known as a student by the person engaging in sexual conduct and who left school or graduated from high school 90 or fewer days before the date on which the sexual conduct occurred. (8) “Volunteer” means a person acting as a volunteer for an education provider in a manner that requires the person to have direct, unsupervised contact with students. Statutory/Other Authority: ORS 326.051 & ORS 339.391 Statutes/Other Implemented: ORS 339.391 & 419B.019 History: ODE 30-2020, adopt filed 06/24/2020, effective 06/24/2020