You are here

Code No. 403.2 Abuse of Students by School District Employees

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:

  1. the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law, or
  2. the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or
  3. the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.

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: November 25, 2019