402.02R2 - Child Abuse Reporting Involving Employees
402.02R2 - Child Abuse Reporting Involving EmployeesIf the school district employee or other member of the school district community believes a child has suffered abuse, which shall include sexual and physical abuse, by a school district employee in the course of their employment, it shall be reported to the designated investigator or alternate investigator immediately. The superintendent shall appoint a designated investigator and an alternate designated investigator for child abuse complaints against school district employees.
Complaints reported to a designated investigator shall be handled by the designated investigator in a timely manner, and no later than five (5) days. Upon receipt of the report, the designated investigator shall provide a copy of the report to the person filing, to the student’s parent or guardian if different from the person filing, and to the supervisor of the employee named in the report. In cases where a complaint has been filed against a school employee, the school employee named in the report shall receive a copy of the report at the time the employee is initially interviewed by any investigator. However, if this action would conflict with the terms of a contractual agreement between the employer and employee, the terms of the contract shall control. The designated investigator, using an informal process of contacting and conferring with the pertinent parties, shall determine whether the complaint is groundless, inconclusive or founded.
If the designated investigator determines the complaint is founded, the designated investigator shall contact and turn over the complaint to local law enforcement authorities, who shall be considered the level two (2) investigators. In cases where a complaint has been filed against a school district employee, the designated investigator shall give a copy of the investigative report to the employee’s supervisor and document all action taken.
In cases of founded abuse involving a school district employee, upon receipt of the level two (2) investigator’s report, the designated investigator shall forward copies of the level two (2) investigator’s report to the student’s parent or guardian, the school employee named in the complaint, and the school employee’s supervisor. The designated investigator will also notify the person filing the report, if different from the student’s parent or guardian, of the disposition of the case or current status of the investigation.
In cases involving a school district employee and a student of the school district, a report must be filed with the Board of Educational Examiners in proven cases of abuse. Counseling services for the student must be arranged upon the request of the parents. Compiled information regarding unproven abuse shall not be placed in the employee’s personnel file.
The designated investigator’s role is not to determine the guilt or innocence of the school employee. The designated investigator shall determine, by a preponderance of the evidence and based upon the investigator’s training and experience and the credibility of the student, whether it is likely that an incident took place between the student and the school employee. If the complaint has been withdrawn, the allegation recanted, the employee has resigned or admitted the truth of the allegation and agreed to relinquish the employee’s teacher’s license, the designated investigator may conclude the investigation at level one.
Persons found in violation of this policy will be subject to discipline including, but not limited to, reprimand, probation, demotion, suspension or termination or other sanction as determined appropriate by the board.
Legal Reference: Iowa Code §§232.67, .70, .73, .75, 235A, 272A, 280.17 (1991).
281 Iowa Admin. Code Chapter 102.
441 Iowa Admin. Code 9.2, 155, 175.
640 Iowa Admin. Code 4.9.
1980 Op. Att’y Gen. 275
Cross Reference: 503.5 Corporal Punishment
507 Student Health and Well-Being
Approved: 7-15-02
Reviewed: 8-08-22
Revised: 6-10-02