As used in ORS § 339.370 to 339.400:

(1) ‘Abuse’ has the meaning given that term in ORS § 419B.005.

(2) ‘Agent’ means a person acting as an agent for an education provider in a manner that requires the person to have direct, unsupervised contact with students.

(3) ‘Commission licensee’ has the meaning given that term in ORS § 342.120.

(4) ‘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.

(5)(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) An approved recovery school, as defined in ORS § 336.680.

(G) Any state-operated program that provides educational services to students.

(H) 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 the Oregon School for the Deaf.

(6) ‘Investigation’ means a detailed inquiry into the factual allegations of a report of suspected abuse or suspected sexual conduct that:

(a) Is based on interviews with the person who initiated the report, the person who may have been subjected to abuse or sexual conduct, witnesses and the person who is the subject of the report; and

(b) Results in a finding that the report:

(A) Is a substantiated report;

(B) Cannot be substantiated; or

(C) Is not a report of abuse or sexual conduct.

(7) ‘Law enforcement agency’ has the meaning given that term in ORS § 419B.005.

(8) ‘Licensed administrator’ means a person who is employed as an administrator of an education provider and who:

(a) Holds an administrative license issued by the Teacher Standards and Practices Commission under ORS § 342.125 (3)(f) or (g); or

(b) Does not hold an administrative license issued by the commission because the person is employed by an education provider that does not require administrators to be licensed by the commission.

(9) ‘Private school’ means a school that provides to students instructional programs that are not limited solely to dancing, drama, music, religious or athletic instruction.

(10) ‘School board’ means the entity charged with adopting policies for an education provider.

(11) ‘School employee’ means an employee of an education provider.

(12)(a) ‘Sexual conduct’ means verbal or physical conduct or verbal, written or electronic communications by a school employee, a contractor, an agent or a volunteer that involve a student and that are:

(A) Sexual advances or requests for sexual favors directed toward the student; or

(B) 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 or hostile educational environment.

(b) ‘Sexual conduct’ does not include:

(A) Touching or other physical contact:

(i) 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

(ii) For which there is no sexual intent.

(B) Verbal, written or electronic communications that are provided as part of an education program that meets state educational standards or a policy approved by the school board.

(C) Conduct or communications described in paragraph (a) of this subsection if the school employee, contractor, agent or volunteer is also a student and the conduct or communications:

(i) Arise out of a consensual relationship between students;

(ii) Do not create an intimidating or hostile educational environment; and

(iii) Are not prohibited by law, any policies of the education provider or any applicable employment agreements.

(13) ‘Student’ means any person:

(a) Who is:

(A) In any grade from prekindergarten through grade 12; or

(B) Twenty-one years of age or younger and receiving educational or related services from an education provider that is not a post-secondary institution of education; or

(b) 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.

(14) ‘Substantiated report’ means a report of abuse or sexual conduct that a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission, the Department of Education or an education provider has reasonable cause to believe, based on the available evidence after conducting an investigation, is founded.

(15) ‘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. [2005 c.367 § 1; 2007 c.501 § 1; 2007 c.858 § 68; 2009 c.93 § 1; 2009 c.562 § 22; 2011 c.301 § 6; 2012 c.92 § 2; 2019 c.618 § 1; 2021 c.386 1,1a; 2021 c.391 § 1; 2023 c.513 § 17]