Chapter 11A. Prohibition Against Assisting Certain Employment of Perpetrators of Child Sexual Offenses.

§ 32–1131.01. Definitions.

For the purposes of this chapter, the term:

(1) "Assist" does not include the routine transmission of administrative and personnel files; provided, that the requirements of reporting conduct are followed in accordance with § 4-1321.02.

(2) "Child development facility" shall have the same meaning as provided in § 7-2031(3).

(3) "Covered employee" means an employee of the District government or an employee, contractor, or agent of a school or child development facility.

(4) "Minor" means an individual who has not yet attained 18 years of age.

(5) "School" means a public, public charter, independent, private, or parochial school organized or authorized to operate under the laws of the District that offers instruction at any level or grade from pre-kindergarten through 12th grade.

(6) "Sexual abuse" shall have the same meaning as provided in § 22-3020.51(4).

(7) "Sexual misconduct" means verbal, nonverbal, written or electronic communication, or any other act directed toward or with a minor or student that is designed to establish a sexual relationship with a minor or student, including:

(A) A sexual invitation;

(B) Dating or soliciting a date;

(D) Making sexually suggestive comments;

(E) Describing sexual encounters; or

(F) Physical exposure of a sexual or erotic nature.

§ 32–1131.02. Prohibition against assisting certain employment of perpetrator of child sexual abuse offenses.

(a) A covered employee is prohibited from assisting an employee, contractor, or agent of a school or a child development facility in obtaining a new job involving direct interaction with minors if the covered employee knows, or has probable cause to believe, that such employee, contractor, or agent engaged in sexual misconduct or sexual abuse regarding a child or student in violation of District or federal law.

(b) The prohibition in subsection (a) of this section shall not apply if the information giving rise to probable cause:

(1) Has been properly reported to:

(A) A law enforcement agency with jurisdiction over the alleged sexual misconduct or sexual abuse; and

(B) Any other appropriate authorities as required by federal or District law, including any authorities identified under Title IX of the Education Amendments of 1972, approved June 23, 1972 (86 Stat. 373; 20 U.S.C. 1681 et seq.), and 34 C.F.R. Part 106; and

(2)(A) The matter has been officially closed or the United States Attorney's Office for the District of Columbia or the Metropolitan Police Department has investigated the allegations and notified school or child development facility officials that there is insufficient information to establish probable cause that the employee, contractor, or agent engaged in sexual misconduct or sexual abuse regarding a minor or student in violation of District or federal law;

(B) The employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct or abuse; or

(C) The case or investigation remains open and there have been no charges filed against, or indictment of, the employee, contractor, or agent within 4 years of the date on which the information was reported to the United States Attorney's Office for the District of Columbia or the Metropolitan Police Department.