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 281-102.9 - Duties of Designated Investigator-sexual 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 the report, to the student's parent or guardian if
				different from the person filing the report, and to the supervisor of the
				employee named in the report. 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 control. The designated investigator shall not interview the school
				employee named in a report of sexual abuse until after a determination that
				jurisdiction exists is made, the allegedly abused student has been interviewed,
				and a determination is made that the investigation will not be deferred under
				subrule 102.9(5).
(2) Upon receipt
				of a report of sexual abuse or other notice of an allegation of sexual abuse,
				the designated investigator shall review the facts alleged to determine that
				the allegations, if true, support the exercise of jurisdiction pursuant to rule
				281-102.3(280).
(3) The
				investigator shall notify the parent, guardian, or legal custodian of a child
				in prekindergarten through grade six of the date and time of the interview and
				of the right to be present or to see and hear the interview or to send a
				representative in the parent's, guardian's, or legal custodian's place. The
				investigator shall interview the allegedly abused student as soon as possible,
				but in no case later than five days from the receipt of a report or notice of
				the allegation of sexual abuse. The investigator may record the interview
				electronically.
The investigator shall 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.
(4) 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. 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.
(5) If, in the
				investigator's opinion, it is likely that an incident in the nature of sexual
				abuse as defined by Iowa Code chapter 709 or section
				728.12(1)  took
				place, the investigator shall temporarily defer further level-one
				investigation. In cases of deferred investigation, the investigator shall
				immediately contact appropriate law enforcement officials, notifying the
				student's parent or guardian, and the person filing the report, if different
				from the student's parent or guardian, of the action taken.
If, in the investigator's opinion, an incident occurred that
				  would not constitute sexual abuse as defined in Iowa Code chapter 709 or sexual
				  exploitation as defined by Iowa Code section
				  728.12(1), but
				  that was in the nature of inappropriate, intentional sexual behavior by the
				  school employee, further investigation is warranted. The investigator may
				  proceed to interview the school employee named in the report. Prior to
				  interviewing any collateral sources who may have knowledge of the circumstance
				  contained in the report, the investigator will provide notice of the impending
				  interview of student witnesses who are in prekindergarten through grade six, to
				  their parent, guardian, or legal custodian, and may provide notice to the
				  parent or guardian of older students, prior to interviewing those
				  students.
If, in the investigator's opinion, the allegation of sexual
				  abuse is unfounded either because the conduct did not occur or the conduct did
				  not meet the definition of abuse in these rules, further investigation is not
				  warranted. The investigator shall notify the student's parent or guardian, the
				  person filing the report, if different from the student's parent or guardian,
				  and the school employee named in the report of this conclusion in a written
				  investigative report.
(6)
				Within 15 calendar days of receipt of the report or notice of alleged sexual
				abuse, the designated investigator will complete a written investigation report
				unless the investigation was temporarily deferred.