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. Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated. The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district. Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.
The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation. The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.
The school district has appointed a Level I investigator and alternate Level I investigator. The school district has also arranged for a trained, experienced professional to serve as the Level II investigator. The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district. The names of the investigators are listed in the student handbook published annually and posted in all school facilities.
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, is responsible for drafting regulations in accordance with the rules adopted by the Iowa Department of Education to implement this policy .
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Approved: 1/9/90 |
Reviewed: 10/14/19 |
Revised: 2/9/09; 4/8/13; 9/9/19 |
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 abuse ______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.
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Adopted: 2/9/09 |
Reviewed: 10/14/19 |
Revised: 4/8/13 |
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: _____________________________________________________
Allegation is of ________ Physical abuse ________ Sexual abuse*
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/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.
_____ Physical abuse was alleged, but no allegation of injury was made.
_____ Physical abuse was alleged, but no evidence of physical injury exists and the nature
of the alleged incident makes it unlikely an injury, as defined in the rules, occurred.
_____ Sexual abuse was alleged, but the alleged actions of the school employee, even if
true, would not meet the definition of sexual abuse in the rules.
is not currently employed by this school district.
_____ Alleged incident did not occur on school grounds, on school time, at a
school- sponsored activity, nor in a school-related context.
_____ The complaint has been investigated and concluded at Level I as unfounded.
_____ Complaint was withdrawn.
_____ Insufficient evidence exists that an incident of abuse, as defined in the rules, took place.
_____ The complaint has been investigated at Level I and is founded.
_____ The investigation is founded at Level I and is being turned over to Level II for
further investigation.
_____ Investigation of the complaint was deferred at Level I and referred to law enforcement
at this time.
_____ The investigation is concluded at Level I because the accused school employee
has admitted the violation, has resigned, or has agreed to relinquish any teaching
license held.
Current status of investigation:
_____ Closed. No further investigation is warranted.
_____ Closed and referred to school officials for further investigation as a personnel matter.
_____ Deferred to law enforcement officials.
_____ Turned over to Level II investigator.
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 _________________________________________________________________________
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Adopted: 2/9/09 |
Reviewed: 10/14/19 |
Revised: 4/8/13 |
Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.
To constitute a violation of the Iowa Code, acts or omissions of the employee must have occurred on school grounds, on school time, on a school-sponsored activity, or in a school- related context. The student need not be a student in the school district, and can be from another school district.
It shall be the responsibility of the superintendent/designee to annually identify a designated investigator and an alternate investigator. The names and telephone numbers of these investigators shall be included in the employee handbooks.
An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the designated investigator or their alternate if the investigator is named in the report. The report shall be written, signed and witnessed by a person of majority age. The witness may be the Level I investigator. The report shall contain a completed response for each question on the Level I reporting form.
Upon request, the Level I investigator may assist the reporter in completing the report. An incomplete report will not be rejected unless the missing information would render the investigation futile or impossible.
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 will 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.
The investigator shall then make and provide a copy of the report to the person filing, the student's parent/guardian and the district employee named in the report. Within five (5) school days of receipt of the report, the investigator shall conduct an informal investigation to determine whether the allegations are true. In the course of this investigation, the investigator shall interview the alleged victim, the district employee named in the report, and any collateral sources who may have knowledge of the circumstances contained in the report. The investigator shall exercise prudent discretion to preserve the confidentiality interests of the individuals involved.
The investigator's role is not to determine the guilt or innocence of the involved party, but whether it is likely that an incident took place between the student and the district employee. If, in the investigator's opinion, the magnitude of the allegations suggests immediate and professional investigation is necessary, the investigator may waive informal investigation. In such cases, the investigator shall contact appropriate law enforcement officials, the child's parent/guardian, and the person filing the report, and shall document in writing the action taken.
Within fifteen (15) calendar days of receipt of the report, the investigator shall complete a written investigative report which shall include those items required by Chapter 102.9 of the Iowa Code. If the report is founded by a preponderance of the evidence, the investigator shall promptly notify law enforcement in case of sexual abuse allegations. The investigator may notify law enforcement authorities in serious cases of physical abuse. In addition, the investigator shall (1) file a copy of the report with the district employee's supervisor, (2) file a complaint with the Board of Educational Examiners in cases involving a licensed district employee, and (3) document all actions taken.
Any record created by an investigation shall be handled subject to formally adopted or bargained policies on the maintenance of personnel records.
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Approved: |
Reviewed: 10/14/19 |
Revised: 4/8/13 |