North Dakota Century Code Title 15.1. Elementary and Secondary Education § 15.1-19-30. Student sexual offense--Victim protection

a. “Responsible student” means a student enrolled in a school who is an adjudicated juvenile or an adult convicted of committing a sexual offense upon another student enrolled in the same school.

b. “Sexual offense” means an offense under chapter 12.1-20 for which “sexual act” or “sexual contact”, as defined in section 12.1-20-02, is an element and the offenses under sections 12.1-20-05, 12.1-20-05.1, 12.1-20-12.1, 12.1-20-12.2, and 12.1-20-12.3.

a. Consideration of the victim's input.

b. No contact between the responsible student and the victim.

c. Holding an expulsion hearing for the responsible student which grants procedural due process to the responsible student as provided by law and within the time period prescribed under section 15.1-19-09. For a misdemeanor offense, before holding an expulsion hearing, school administration shall review the offense to determine whether an expulsion hearing is warranted.

d. Transferring a responsible student to an alternative education program, which may include virtual education if the responsible student is properly supervised.

e. Transferring a responsible student to another school or building within the school district.

f. Separating the responsible student from the victim at all times in school buildings and educational activities, if transferring the responsible student is not possible.

g. Scheduled reviews of the safety plan to assess necessary adjustments and ensure continued safety of the victim.

h. Other measures school administration deems appropriate to ensure the safety of the victim.

a. The victim's input and well-being;

b. The responsible student's age at the time of adjudication or conviction;

c. The nature and severity of the offense;

d. The responsible student's compliance with recommended intervention programs;

e. The input of the victim or responsible student's legal guardian or custodian, child welfare and mental health professionals, and legal representatives; and

f. Other factors school administration deems appropriate.