It is the policy of the District that school employees and volunteers 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 termination. Any school voluteer who commits such shall be immediately released from duty and asked not to return to volunteer.
It is the policy of the District to respond promptly to allegations of abuse of students by school employees and volunteers 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 and volunteers 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. The name(s) of level-one and level-two investigator(s) are listed in the student handbook, published annually in the local newspaper or district newsletter and posted in all school facilities.
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: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013
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 (15) calendar days of filing this report unless the investigation is turned over to law enforcement.
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.
Alleged victim was not a student at the time of the incident.
Alleged school employee 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
Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.
1. Physical Abuse- The non-accidental physical injury to a student as a result of the actions of a District employee. Physical abuse may occur as the result of intentional infliction of injury or excessive, unnecessary, or unreasonable use of force in discipline.
2. Sexual Abuse- Sexual offenses or misconduct as defined by Iowa Code Chapter 709. This definition also encompasses acts or omission of the District employee that allow, permit, or encourage the student to engage in prostitution as defined by Iowa law.
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.
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.
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013