Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.8 - Duties of Designated Investigator-physical Abuse Allegations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon receipt of
				the report, the designated investigator will make and 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. The school employee named in the report is to 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
				control.
(2) Within five school
				days of receipt of a report of physical abuse, the designated investigator will
				conduct and complete an informal investigation after reviewing the report to
				determine that the allegations, if true, support the exercise of jurisdiction
				pursuant to rule 281-102.3(280).
(3) If, in the investigator's opinion, the
				magnitude of the allegations in the report suggests immediate and professional
				investigation is necessary, the designated investigator may temporarily defer
				the level-one investigation. In cases of deferred investigation, the
				investigator shall contact appropriate law enforcement officials, the student's
				parent or guardian and the person filing the report, if different from the
				student's parent or guardian, documenting in writing the action
				taken.
(4) The investigator shall
				interview the allegedly abused student, any witnesses or persons who may have
				knowledge of the circumstances contained in the report, and the school employee
				named in the report. The investigator will exercise prudent discretion in the
				investigative process to preserve the privacy interests of the individuals
				involved. To the maximum extent possible, the investigator shall maintain the
				confidentiality of the report.
(5)
				The designated investigator's role is not to determine the guilt or innocence
				of the school employee, the applicability of the exceptions or reasonableness
				of the contact or force listed in rule
				281-102.4 (280). The designated
				investigator shall determine, by a preponderance of the evidence, whether it is
				likely that an incident took place between the student and the school employee.
				However, if the complaint has been withdrawn, the allegation recanted, or the
				employee has resigned, admitted the violation, or agreed to relinquish the
				employee's teacher's certificate or license, the designated investigator may,
				but need not, conclude the investigation at level one. The designated
				investigator will follow the applicable provisions of paragraphs
				102.11(2)
"b"
and
"c"
when resolution occurs at
				level one.
The level-two investigator appointed, contracted, requested
				  or retained under subrule 102.5(2), when called upon for further investigation,
				  will consider the applicability of the exceptions listed in rule
				  281-102.4 (280) and the
				  reasonableness of the contact or force used under subrule 102.4(2) in reaching
				  conclusions as to the occurrence of physical abuse as defined by these
				  rules.
(6) Within 15
				calendar days of receipt of the report, the designated investigator will
				complete a written investigative report, unless investigation was temporarily
				deferred.