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 281-102.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Abuse"
may fall into either of the
				  following categories:
1.
"Physical abuse"
means nonaccidental physical injury to the
				student as a result of the actions of a school employee.
2.
"Sexual abuse"
means any
				sexual offense as defined by Iowa Code chapter 709 or Iowa Code section
				728.12(1). The term also encompasses acts of the school employee that encourage
				the student to engage in prostitution as defined by Iowa law, as well as
				inappropriate, intentional sexual behavior, or sexual harassment by the school
				employee toward a student.
"Board of educational examiners"
means the
				  board created in Iowa Code chapter 256, subchapter VII, part 3.
"Designated investigator"
means the person
				  or persons appointed by the board of directors of a public school district, or
				  the authorities in control of a nonpublic school, at level one, to investigate
				  allegations or reports of abuse of students by school employees and also refers
				  to the appointed alternate.
"Incident"
means an occurrence of behavior
				  that meets the definition of physical or sexual abuse in these rules.
"Injury"
occurs when evidence of it is still
				  apparent at least 24 hours after the occurrence.
"Nonpublic school"
means any school in which
				  education is provided to a student, other than in a public school or in the
				  home of the student.
"Preponderance of evidence"
means reliable,
				  credible evidence that is of greater weight than evidence offered in opposition
				  to it.
"Public school"
means any school directly
				  supported in whole or in part by taxation.
"Reasonable force"
means that force, and no
				  more, that a reasonable person, in like circumstances, would judge to be
				  necessary to prevent an injury or loss and can include deadly force if it is
				  reasonable to believe that such force is necessary to avoid injury or risk to
				  one's life or safety or the life or safety of another, or it is reasonable to
				  believe that such force is necessary to resist a like force or threat.
"School employee"
means a person who works
				  for pay or as a volunteer under the direction and control of:
1. The board of directors or any
				administrator of a public school district.
2. The board or authorities in control of a
				nonpublic school.
3. The board of
				directors or administrator of an agency called upon by a school official to
				provide services in an educational capacity to students.
4. A residential institution, not currently
				covered by Iowa Code chapter 232, providing educational services.
School employees are of two classes: licensed and unlicensed.
				  A licensed employee holds an Iowa teacher's certificate issued by the board of
				  educational examiners.
"Sexual harassment"
means unwelcome sexual
				  advances, requests for sexual favors or other verbal or physical conduct of a
				  sexual nature when:
1. Submission to
				the conduct is made either implicitly or explicitly a term or condition of the
				student's education or benefits;
2.
				Submission to or rejection of the conduct is used as the basis for academic
				decisions affecting that student; or
3. The conduct has the purpose or effect of
				substantially interfering with a student's academic performance by creating an
				objectively intimidating, hostile, or offensive education
				environment.
"Student"
means a person enrolled in a
				  public or nonpublic school or a prekindergarten program in a public or
				  nonpublic school established under Iowa law, a child enrolled in a day care
				  program operated by a public school or merged area school under Iowa Code
				  section 279.49, or a resident between
				  the ages of 5 and 21 of a state facility providing incidental formal
				  education.