Policy 402.03: Abuse of Students by School District Employees

 Status: ADOPTED
Original Adopted Date: 08/19/2024 | Last Reviewed Date: 08/19/2024
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 in the local newspaper and posted in all school facilities.

The superintendent is responsible for drafting administrative regulations to implement this policy.

NOTE:  This policy is a reflection of current Iowa law regarding abuse of students by school district employees.  Refer to the Iowa Department of Education training manual for supporting materials and forms: https://www.educateiowa.gov/sites/files/ed/documents/Ch102-Handbook-REV-April-2018.pdf.

The last sentence of the third paragraph is mandatory in the law and is an item in the DE accreditation report.

Legal Reference: Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1).
281 I.A.C. 12.3(6), 102; 103.
441 I.A.C. 155; 175.
I.A.C. Iowa Administrative Code Description
281 I.A.C. 102 Abuse of Students by School Employees Investigation Procedures
281 I.A.C. 103 Corporal Punishment, Physical Restraint, Seclusion
281 I.A.C. 12.3 Administration
441 I.A.C. 155 Human Services – Child Abuse Prevention
441 I.A.C. 175 Human Services – Abuse of Children
I.C. Iowa Code Description
Iowa Code § 232 Juvenile Justice
Iowa Code § 235A Child Abuse
Iowa Code § 272A Interstate Agreement of Qualification of Ed Personnel
Iowa Code § 280.17 Uniform School Requirements – Child abuse reporting
Iowa Code § 709 Sexual Abuse
Iowa Code § 728.12 Sexual Exploitation of a Minor