Iowa Admin. Code r. 281-102.8 - Duties of designated investigator-physical abuse allegations
(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However, if the complaint has been withdrawn, the allegation recanted, or the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
(6) Within 15
calendar days of receipt of the report, the designated investigator will
complete a written investigative report, unless investigation was temporarily
deferred.
Notes
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