Reporting of Suspected Abuse of a Child

NORTH CLACKAMAS SCHOOL DISTRICT DOES NOT TOLERATE CHILD ABUSE OR SEXUAL CONDUCT IN ANY FORM.

PREVENTION The North Clackamas School District seeks to prevent child abuse and sexual harassment by committing to:

• Teaching students about appropriate boundaries and relationships (in coordination with curriculum);

• Training all employees regarding child abuse and sexual conduct, and clearly communicating responsibilities and procedures;

• Making this training available to parents, community members, contractors and volunteers; and

• Promptly and thoroughly investigating any reports or complaints of abuse or sexual conduct.

ABUSE DEFINED

• Any assault of a child and any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury.

• Any mental injury to a child, which shall include only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child.

• Rape of a child.

• Sexual abuse.

• Sexual exploitation, including but not limited to: Contributing to the sexual delinquency of a minor, and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact, sexual abuse involving a child or rape of a child, and Allowing, permitting, encouraging or hiring a child to engage in prostitution or a commercial sex act, to purchase sex with a minor or to engage in commercial sexual solicitation.

• Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of the child.

• Threatened harm to a child, or subjecting a child to a substantial risk of harm to the child’s health or welfare.

• Buying or selling a person under 18 years of age.

• Permitting a person under 18 years of age to enter or remain in or upon premises where methamphetamines are being manufactured.

• Unlawful exposure to a controlled substance, or to the unlawful manufacturing of a cannabinoid extract, that subjects a child to a substantial risk of harm to the child’s health or safety. ORS 419B.005(1).

SEXUAL CONDUCT DEFINED Verbal or physical conduct or verbal, written or electronic communications by a school employee, a contractor, an agent or volunteer that involve a student and that are: sexual advances or requests for sexual favors directed toward the student or of a sexual nature that are directed toward the student or that have the effect of unreasonably interfering with the student’s educational performance or of creating an intimidating, hostile or offensive educational environment. Sexual conduct does not include touching that is necessitated by the nature of the school employee’s job duties or by the services required to be provided by the contractor, agent or volunteer and for which there is no sexual intent. ORS 339.370(11)(a).

STUDENT DEFINED Any person who is in any grade from prekindergarten through grade 12 or twenty-one years of age or younger and receiving educational or related services from an education provider that is not a post-secondary institution or education or who was previously known as a student by the person engaging in sexual conduct and who left school or graduated from high school within 90 days prior to the sexual conduct. ORS 339.370(12).

GROOMING AND EXAMPLES OF SEXUAL CONDUCT Sexual Conduct may include grooming behavior. This is behavior in which adults develop trust to break down a child’s defenses so that the adult may engage the child in sexual conduct or sexual abuse. Sexual Conduct includes but is not limited to the following examples:

• Performing back rubs on students

• Touching students frequently

• Exchanging romantic gifts or communications with a student

• Discussing/writing about sexual topics unrelated to curriculum with students, making sexual jokes, gestures and innuendos or engaging in inappropriate banter with students (e.g., discussion of student’s dating behavior)

• Intentionally invading the student’s privacy

• Kissing students

• Commenting on students’ bodies or appearance in a sexual manner

• Videotaping or photographing a student in revealing poses

• Sharing one’s own sexual exploits or marital difficulties

• Using email, text messaging or instant messaging to discuss sexual topics with individual students

OBLIGATIONS OF SCHOOL EMPLOYEES TO REPORT ABUSE AND SEXUAL CONDUCT ALL EMPLOYEES are required to follow Policy JHFE “Reporting of Suspected Abuse of a Child” and policy JHFF/GBNAA “Reporting Requirements Regarding Sexual Conduct with Students.” These policies help ensure employees are properly reporting incidents of abuse and sexual conduct.

Policy JHFE requires employees who have a reasonable cause to believe any child with whom the employee has come into contact has suffered abuse, to report this to DHS or the law enforcement agency within the county where the person making the report is located at the time of the contact. It also requires employees who have a reasonable cause to believe that any adult or student with whom the employee is in contact has abused a child to report this to DHS or to the law enforcement agency within the county where the person making the report is located at the time of the contact. See attached district policy JHFE “Reporting Requirements for Suspected Abuse of a Child” for more detail regarding these reporting obligations.

Policy JHFF requires employees who have reasonable cause to believe that another employee, contractor, agent or volunteer has engaged in sexual conduct with a student, to immediately notify the designated licensed administer of the conduct. The designated licensed administrator who receives the report is required to report to the Oregon Department of Education (ODE or Teacher Standards and Practices Commission (TSPC) as appropriate. See attached district policy “Reporting Requirements Regarding Sexual Conduct with Students” for more detail regarding these reporting obligations. LOCAL LAW ENFORCEMENT Milwaukie Police Department: (503) 786-7400. Clackamas County Sheriff: (503) 655-8211 DHS: (971) 673-7112

DESIGNATED LICENSED ADMINISTRATOR Name: Will Ruehle. Position: Associate Director, Human Resources Phone: (503) 353-6000 Email: ruehlew@nclack.k12.or.us Location:

Administration Building

ALTERNATE DESIGNATED LICENSED ADMINISTRATORS Name: Keylah Boyer, Position: Associate Directors, Human Resources Phone: (503) 353-6000 Email: boyerk@nclack.k12.or.us; Location: Administration Building

INVESTIGATORY PROCESS When the designated licensed administrator (or alternate) receives a report of sexual conduct and has reasonable cause to believe that it has occurred, the designated licensed administrator will report the alleged conduct to TSPC if the alleged perpetrator is a licensed individual, and to ODE if the alleged perpetrator is not licensed (effective July 1, 2020). TSPC or ODE will conduct an investigation and report back to the district. The district may also conduct an investigation into the alleged sexual conduct. If the designated licensed administrator (or alternate) receives a report of child abuse and has reasonable cause to believe that it has occurred, the designated licensed administrator will ensure that the report has been made to DHS and/or law enforcement for investigation. The district may also conduct an investigation into the alleged abuse. The designated licensed administrator will also report to TSPC if required by OAR 584-020-0041. A contractor, agent or volunteer may be removed from their position based on information of sexual conduct and/or child abuse.

OBLIGATIONS OF SCHOOL CONTRACTORS, AGENTS AND VOLUNTEERS TO REPORT ABUSE AND SEXUAL CONDUCT ALL CONTRACTORS, AGENTS AND VOLUNTEERS are required to report all known or suspected incidents of abuse and sexual conduct to a school administrator. Failure to report known or suspected incidents of abuse and sexual conduct may lead to termination of your contract with the District, termination of your right to volunteer with the District, and/or trespass from all school property and events.

APPROPRIATE ELECTRONIC COMMUNICATIONS WITH STUDENTS Policy JHFF/GBNAA requires that any electronic communications with students by a contractor, agent or volunteer for the district will be appropriate and only when directed by district administration. When communicating with students electronically regarding school-related matters, contractors, agents or volunteers shall use district e-mail using mailing lists and/or other internet messaging to a group of students rather than individual students or as directed by district administration. Texting or electronically communicating with a student through contact information gained as a contractor, agent or volunteer for the district is prohibited.

ADDITIONAL PROHIBITIONS If a school employee, contractor or agent knows or has reason to know that another school employee, contractor or agent has engaged in sexual conduct or abuse, the school employee, contractor or agent may not assist the other in obtaining a new job. This prohibition does not apply if the employee, contractor or agent knows or has reasonable cause to believe that the conduct was reported to the appropriate agency and was resolved, or the investigation remains ongoing after four years.

Link to additional training: https://www.publicschoolworks.com/PIC/homePage.php?di=366&dia=en1td

Reporting Requirements for School Contractors, Agents, and Volunteers 2