It is the policy of the District that school employees not commit acts of physical or sexual abuse, including inappropriate and intentional sexual behavior, toward students. Any school employee who commits such acts is subject to disciplinary sanctions up to and including discharge.
It is the policy of the District to respond promptly to allegations of abuse of students by school employees by investigating or arranging for full investigation of any allegation, and to do so in a reasonably prudent manner. The processing of any complaint or allegation will be handled confidentially to the maximum extent possible. All employees are required to assist in the investigation when requested to provide information, and to maintain the confidentiality of the reporting and investigating process.
The District has appointed a level-one investigator(s) and alternate(s), and has arranged for or contracted with a trained, experienced professional to serve as the level-two investigator. The level-one investigator(s) and alternate(s) will be provided training in the conducting of an investigation, at the expense of the District. See student handbook for name(s) of level-one and level-two investigator(s).
Aiding and Abetting Prohibited: Any individual who is a school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.
The former prohibition shall not apply if the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and has been properly reported to any other authorities as required by federal, state, or local law and any one of the following conditions are met:
The superintendent, or a designee of the superintendent, shall prescribe regulations in accordance with the rules adopted by the Iowa Department of Education to carry out this policy.
Approved: November 17, 1997
Revised/Reviewed: January 24, 2022
An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the school district’s Level I investigators. “Employee” means one who works for pay or as a volunteer under the direction and control of the school district. The report shall be written, signed and witnessed by a person of majority age. The witness may be the Level I investigator. The reporter is the individual filing the report. The report shall contain the following:
Upon request, the Level I investigator may assist the reporter in completing the report. An incomplete report shall not be rejected unless the missing information would render the investigation futile or impossible. An employee receiving a report of alleged abuse of a student by an employee shall pass the report to the investigator and shall keep the report confidential to the maximum extent possible. In performing the investigation, the investigator shall have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes.
In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context. However, the student need not be a student in the school district. The student can be from another school district. To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee. If the report is not investigable due to lack of jurisdiction, the investigator shall dismiss the complaint and inform the reporter of other options available. Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.
If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may:
The Level I investigator shall have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.
The superintendent, in consultation with the board, may select an outside professional to perform the duties of the Level I investigator. In investigating the complaint, the outside professional be granted the same power as the district’s Level I investigator and shall follow the same requirements as the district’s Level I investigator.
Physical Abuse Allegations
When physical abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students’ parents and the immediate supervisor of the employee named in the report. The employee named in the report shall not receive a copy of the report until the employee is initially interviewed.
The Level I investigator shall use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation shall not discuss information regarding the complaint outside the investigation. The entire investigative procedure will be thoroughly explained, including the confidential nature of the proceedings, to the student and other persons involved in the investigation.
Within seven days of receipt of an investigable report, the Level I investigator shall complete an informal investigation. The informal investigation shall consist of interviews with the student, the employee and others who may have knowledge of the alleged incident. If the Level I investigator determines that the allegations in the report are founded and that immediate and professional investigation is necessary, the Level I investigator may defer further investigation and contact appropriate law enforcement officials, the student’s parents and the person filing the report. Within fifteen days of receipt of the report, the Level I investigator shall complete a written investigative report, unless the investigation was temporarily deferred.
The written investigative report shall include:
responsible for the abuse of the student.
The investigator shall retain the original and provide a copy of the written investigative report to the school employee named in the report, the employee’s supervisor and the student’s parent or guardian. The person filing the report, if not the student’s parent or guardian, shall be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.
It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident of abuse as defined in the rules took place between the student and employee. The Level I investigator does not make the determination of whether the use of physical contact was appropriate or whether any of the exceptions apply. That is the responsibility of the Level II investigator. Upon completion of the report, if the Level I investigator determines the allegations of physical abuse are founded and serious, the Level I investigator shall notify law enforcement authorities. If the allegations are founded but the physical abuse is not of a serious nature, the Level I investigator shall refer the case on to the Madison County Sheriff the Level II investigator.
The Level II investigator shall review the Level I investigator’s final investigative report and conduct further investigation. The Level II investigative report shall state the conclusion as to the occurrence of the alleged incident, the applicability of exceptions, the reason for the contact or force used, and recommendations regarding the need for further investigation. In determining the applicability of the exceptions or the reasonableness of the contact or force used, the Level II investigator will use the following definitions:
Physical abuse is non-accidental physical injury to the student as a result of the action of an employee. Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence. The following do not constitute physical abuse, and no employee is prohibited from:
In determining the reasonableness of the contact or force used, the following factors shall be considered:
“Reasonable force” is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.
Upon completion of the Level II investigation, the Level I investigator shall forward copies of the Level II investigative report to the employee, the employee’s immediate supervisor and the student’s parent. The Level I investigator shall notify the person filing the report of the current status of the case.
If the Level II investigator’s report or law enforcement officials conclude abuse occurred, or the employee admits the violation, or the employee has surrendered the employee’s certificate or license, the Level I investigator shall file a complaint with the State Board of Educational Examiners. The Level I investigator shall also arrange for counseling services for the student if the student or student’s parents request counseling services.
Sexual Abuse Allegations
Sexual abuse is defined as including sexual acts involving a student, acts that encourage the student to engage in prostitution, as well as inappropriate, intentional sexual behavior or sexual harassment by the employee toward a student. “Sexual harassment” is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:
When sexual abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students’ parents and the immediate supervisor of the employee named in the report. The employee named in the report shall not receive a copy of the report until the employee is initially interviewed. The designated investigator shall not interview the school employee named in a report of sexual abuse until after a determination is made that jurisdiction exists, the alleged victim has been interviewed and a determination made that the investigation will not be deferred.
The investigator shall notify the parent, guardian or legal custodian of a student in pre-kindergarten through grade six, of the date and time of the interview and of the right to be present or to see and hear the interview or send a representative in the parent’s place. The Level I investigator shall interview the student as soon as possible, but in no case later than five days from the receipt of a report or notice of the allegation of sexual abuse. The Level I investigator may record the interview electronically.
The Level I investigator shall exercise discretion in the investigative process to preserve the privacy interests of the individuals involved. To the maximum extent possible, the investigator shall maintain the confidentiality of the report.
Within seven days of receipt of an investigable report, the Level I investigator shall complete an informal investigation. The informal investigation shall consist of interviews with the student, the employee and others who may have knowledge of the alleged incident. If the Level I investigator determines that the allegations in the report are founded and that immediate and professional investigation is necessary, the Level I investigator may defer further investigation and contact appropriate law enforcement officials, the student’s parents and the person filing the report. Within fifteen days of receipt of the report, the Level I investigator shall complete a written investigative report, unless the investigation was temporarily deferred.
The written investigative report shall include:
The investigator shall retain the original and provide a copy of the investigative report to the school employee named in the report, the school employee’s supervisor and the named student’s parent or guardian. The person filing the report, if not the student’s parent or guardian, shall be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.
It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident took place between the employee and the student. If the Level I investigator believes the employee committed a sex act with a student or sexually exploited a student, the Level I investigator shall defer the Level I investigation and immediately notify law enforcement officials, the student’s parents and the person filing the report.
If the allegations are founded, the Level I investigation shall refer the case to the Level II investigator. The Level II investigator shall review the Level I investigator’s final investigative report and conduct further investigation if necessary. The Level II investigative report shall state conclusively as to the occurrence of the alleged incident, conclusively as to the nature of the sexual abuse and recommendations regarding the need for further investigation. Upon completion of the Level II investigation, the Level I investigator shall forward copies of the Level II investigative report to the employee, the employee’s immediate supervisor and the student’s parent. The Level I investigator shall notify the person filing the report of the current status of the case.
If the Level II investigator’s report or law enforcement officials conclude sexual abuse occurred, or the employee admits the violation, or the employee has surrendered the employee’s certificate or license, the Level I investigator shall file a complaint on behalf of the district after obtaining the superintendent’s signature with the State Board of Educational Examiners. The Level I investigator shall also arrange for counseling services for the student if the student or student’s parents request counseling services.
In cases involving founded physical or sexual abuse by a licensed employee, the board shall notify the Board of Educational Examiners. Information of unfounded abuse at Level I or Level II shall not be kept in the employee’s personnel file. If the Level I investigative report is founded but Level II is unfounded, then the Level I report shall be removed from the employee’s permanent file.
It shall be the responsibility of the board to annually identify a Level I and Level II investigator. The board shall also designate annually an alternate Level I investigator, preferably of the opposite sex of the designated Level I investigator, to whom reports may also be made. The names and telephone numbers of the Level I investigator and the alternate Level I investigator shall be included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.
Approved: November 17, 1997
Revised/Reviewed: January 24, 2022
Abuse of Students by School District Employees Report Form
Complaint of Injury to or Abuse of a Student by a School District Employee
Please complete the following as fully as possible. If you need assistance, contact the Level I investigator in your school.
Student’s name and address:
Student’s telephone no:
Student’s school:
Name and place of employment of employee accused of abusing student:
Allegation is of physical sexual abuse*
Please describe what happened. Include the date, time and where the incident took place, if known. If physical abuse is alleged, also state the nature of the student’s injury:
Were there any witnesses to the incident or are there students or persons who may have information about this incident? Yes no
If yes, please list by name, if known, or classification (for example: “third grade class,” “fourth period geometry class”):
*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation. Please indicate “yes” if the parent/guardian wishes to exercise this right:
Yes No Telephone Number
Has any professional person examined or treated the student as a result of the incident?
Yes No Unknown
If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known:
Has anyone contacted law enforcement about this incident? Yes no
Please provide any additional information you have which would be helpful to the investigator. Attach additional pages if needed.
Your name, address and telephone number:
Relationship to student:
Complainant Signature Witness Signature
Date Witness Name (please print)
Witness Address
Be advised that you have the right to contact the police or sheriff’s office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident. The filing of this report does not deny you that opportunity.
You will receive a copy of this report (if you are the named student’s parent or guardian) and a copy of the Investigator’s Report within fifteen calendar days of filing this report unless the investigation is turned over to law enforcement.
Approved: November 17, 1997
Revised/Reviewed: January 24, 2022
Abuse of Students by School District Employees
Level I Investigation Report
Student’s name
Student’s age: Student’s grade:
Student’s address:
Student’s school:
Name of accused school employee Building
Name and address of person filing report:
Name and address of student’s parent or guardian, if different from person filing report:
Date report of abuse was filed: physical sexual*
Describe the nature, extent and cause of the student’s injury, if any and if known: (Attach additional pages if needed).
Describe your investigation: Attach additional pages if needed. (Please do not use student witnesses’ full names.)
*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?
Yes No Was the right exercised? Yes No
Were audio tapes made of any interviews? Yes No
Were video tapes made of any interviews? Yes No
Was any action taken to protect the student during or as a result of the investigation? Yes No
If yes, describe:
student excused from school school employee placed on leave
student assigned to different class other (please specify)
Level I investigator’s conclusions:
The complaint is being dismissed for lack of jurisdiction.
if true, would not meet the definition of sexual abuse in the rules.
sponsored activity, nor in a school-related context.
The complaint has been investigated and concluded at Level I as unfounded.
took place.
The complaint has been investigated at Level I and is founded.
further investigation.
enforcement at this time.
Current status of investigation:
matter.
Other comments:
I have given a copy of the report of abuse and of this investigative report to the employee named in the report, the employee’s supervisor, and the student’s parent or guardian and informed the person filing the report of the options of contacting law enforcement, private counsel, or the State Board of Educational Examiners, if the accused school employee holds an Iowa teacher’s certificate or license.
Name of investigator (please print) Investigator’s place of employment
Signature of investigator Date
Approved: November 17, 1997
Revised/Reviewed: January 24, 2022