402 Employees and Outside Relations

402 Employees and Outside Relations jen@iowaschool… Wed, 11/28/2012 - 18:20

402.01 Release of Credit Information

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit: title of position and number of years employed. This information will be released without prior written notice to the employee. Confidential/financial information about the employee will be released to an inquiring creditor with proper authorization from the employee.

It shall be the responsibility of the board secretary to respond to inquiries from creditors.

Legal Reference: Iowa Code §§ 22.7; 279.8 (1995).

Cross Reference: 401.05 Employee Records

Approved 8/18/11 Reviewed 10/21/20 Revised

kkurt@northlin… Fri, 02/12/2016 - 13:36

402.02 Child Abuse Reporting

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed employees, teachers, coaches, and paraeducators and all school employees 18 years of age or older are required as mandatory reporters, to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified.

Within six months of their initial employment, mandatory reporters shall take a two-hour training course involving the identification and reporting of child abuse and dependent adult abuse, or submit evidence they’ve taken the course within the previous three years. Once the training course has been taken, the certificate will remain valid for three years. Employees who have taken the two-hour training course will take the one-hour follow-up training course every three years and prior to the expiration of their certificate.

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous three years. After July 1, 2019, employees who have previously taken mandatory reporter training will be required to take the two-hour training course before the expiration of their current training certificate. Once the training course has been taken, the certificate will remain valid for three years. Employees who have taken the post-July 1, 2019 two-hour training course will take the one-hour follow up training course every three years and prior to the expiration of their certificate.

Legal Reference: Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (1995).

441 I.A.C. 9.2; 155; 175.

1982 Op. Att'y Gen. 390, 417.

1980 Op. Att'y Gen. 275.

Cross Reference: 402.03 Abuse of Students by School District Employees

502.09 Interviews of Students by Outside Agencies

507 Student Health and Well-Being

Approved 8/18/11 Reviewed 10/21/20 Revised 8-16-23

kkurt@northlin… Fri, 02/12/2016 - 13:37

402.02R1 Child Abuse Reporting Regulation - DELETED 10/21/20

402.02R1 Child Abuse Reporting Regulation - DELETED 10/21/20 kkurt@northlin… Fri, 02/12/2016 - 13:37

402.03 Abuse of Students by School District Employees

Physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students 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 and timely reporting to all relevant agencies as required by law. 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 shall be 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.

Legal Reference: Iowa Code §§ 232.67, .70, .73, .75; 235A; 256.160; 272A; 280.17; 709; 728.12(1).

281 I.A.C. 12.3(6), 102; 103.

441 I.A.C. 155; 175.

Cross Reference: 104 Bullying/Harassment

402.2 Child Abuse Reporting

503.5 Corporal Punishment

Approved 8/18/11 Reviewed 10/21/20 Revised 7-17-24

kkurt@northlin… Fri, 02/12/2016 - 13:38

402.03E1 Abuse of Students by School District Employees Report Form

Complaint of Injury to or Abuse of a Student by a School District Employee

Please complete the following as fully as possible. If you need assistance, contact the Level I investigator in your school.

Student's name and address: _______________________________________________

Student's telephone no: _____________________________________________________

Student's school: _________________________________________________________

Name and place of employment of employee accused of abusing student: __________________________________________________

__________________________________________________________________________________________________________________

Allegation is of ______ physical _______ sexual abuse*

Please describe what happened. Include the date, time and where the incident took place, if known. If physical abuse is alleged, also state the nature of the student's injury: ________________________________________________________________________________

__________________________________________________________________________________________________________________

Were there any witnesses to the incident or are there students or persons who may have information about this incident? ___Yes ___ No

If yes, please list by name, if known, or classification (for example: "third grade class," "fourth period geometry class"): _________________________________________________________________________________________________________

*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation. Please indicate "yes" if the parent/guardian wishes to exercise this right:

Yes No Telephone Number

Has any professional person examined or treated the student as a result of the incident?

Yes No Unknown

If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known:

________________________________________________________________________________________________________

Has anyone contacted law enforcement about this incident? Yes No

Please provide any additional information you have which would be helpful to the investigator. Attach additional pages if need __________________________________________________________________________________________________

_______________________________________________________________________________________________________

Your name, address and telephone number: ________________________________________________________________________

Relationship to student:

Complainant Signature ______________________________ Witness Signature ______________________________

Date _________________________

Witness Name (please print) ___________________________________

Witness Address ____________________________________________________________________

Be advised that you have the right to contact the police or sheriff's office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident. The filing of this report does not deny you that opportunity.

You will receive a copy of this report (if you are the named student's parent or guardian) and a copy of the Investigator's Report within fifteen calendar days of filing this report unless the investigation is turned over to law enforcement.

Approved 8/18/11 Reviewed 10/21/20 Revised

kkurt@northlin… Fri, 02/12/2016 - 13:39

402.03E2 Abuse of Students by School District Employees Investigation

Student's name:

Student's age: _______ Student's grade: _______

Student's address:

Student's school:

Name of accused school employee Building

Name and address of person filing report:

Name and address of student's parent or guardian, if different from person filing report:

Date report of abuse was filed: ______ physical ______ sexual*

Describe the nature, extent and cause of the student's injury, if any and if known: (Attach additional pages if needed).

Describe your investigation: Attach additional pages if needed. (Please do not use student witnesses' full names.)

*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation? Yes No

Was the right exercised? Yes No

Were audio tapes made of any interviews? Yes No

Were video tapes made of any interviews? Yes No

Was any action taken to protect the student during or as a result of the investigation? Yes No

If yes, describe:

____ student excused from school school employee placed on administrative or other leave

___ student assigned to different class other (please specify)

Level I investigator's conclusions:

____ The complaint is being dismissed for lack of jurisdiction.

____ Physical abuse was alleged, but no allegation of injury was made.

____ Physical abuse was alleged, but no evidence of physical injury exists and the nature of the

alleged incident makes it unlikely an injury, as defined in the rules, occurred.

____ Sexual abuse was alleged, but the alleged actions of the school employee, even if true,

would not meet the definition of sexual abuse in the rules.

_____ Alleged victim was not a student at the time of the incident.

_____ Alleged school employee is not currently employed by this school district.

_____ Alleged incident did not occur on school grounds, on school time, at a school-sponsored activity, nor in a school-related context.

____ The complaint has been investigated and concluded at Level I as unfounded.

____ Complaint was withdrawn.

____ Insufficient evidence exists that an incident of abuse, as defined in the rules, took place.

____ The complaint has been investigated at Level I and is founded.

____ The investigation is founded at Level I and is being turned over to Level II for further investigation.

____ Investigation of the complaint was deferred at Level I and referred to law enforcement at this time.

____ The investigation is concluded at Level I because the accused school employee has admitted the violation, has resigned,

or has agreed to relinquish any teaching license held.

Current status of investigation:

____ Closed. No further investigation is warranted.

____ Closed and referred to school officials for further investigation as a personnel matter.

____ Deferred to law enforcement officials.

____ Turned over to Level II investigator.

Other comments:

I have given a copy of the report of abuse and of this investigative report to the employee named in the report, the employee's supervisor, and the student's parent or guardian and informed the person filing the report of the options of contacting law enforcement, private counsel, or the State Board of Educational Examiners, if the accused school employee holds an Iowa teacher's certificate or license.

____________________________ ___________________________

Name of investigator (please print) Investigator's place of employment

Signature of investigator Date

Approved 8/18/11 Reviewed 10/21/20 Revised

kkurt@northlin… Fri, 02/12/2016 - 13:40

402.03R1 Abuse of Students by School District Employees Regulation

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the school district's Level I investigator. "Employee" means one who works for pay or as a volunteer under the direction and control of the school district. The report shall be written, signed and witnessed by a person of majority age. The witness may be the Level I investigator. The reporter is the individual filing the report. The report shall contain the following:

The full name, address, and telephone number of the person filing.
The full name, age, address, and telephone number, and attendance center of the student.
The name and place of employment of the employee who allegedly committed the abuse.
A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known.
A list of possible witnesses by name, if known.
Names and locations of persons, who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known.

Upon request, the Level I investigator may assist the reporter in completing the report. An incomplete report shall not be rejected unless the missing information would render the investigation futile or impossible. An employee receiving a report of alleged abuse of a student by an employee shall pass the report to the investigator and shall keep the report confidential to the maximum extent possible. In performing the investigation, the investigator shall have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes.

In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context. However, the student need not be a student in the school district. The student can be from another school district. To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee. If the report is not investigable due to lack of jurisdiction, the investigator shall dismiss the complaint and inform the reporter of other options available. Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.

If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may:

• temporarily remove the student from contact with the employee;

• temporarily remove the employee from service; or,

• take other appropriate action to ensure the student's safety.

The Level I investigator shall have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.

Physical Abuse Allegations

When physical abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report. The employee named in the report shall not receive a copy of the report until the employee is initially interviewed.

The Level I investigator shall use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation shall not discuss information regarding the complaint outside the investigation. The entire investigative procedure will be thoroughly explained, including the confidential nature of the proceedings, to the student and other persons involved in the investigation.

Within five days of receipt of an investigable report, the Level I investigator shall complete an informal investigation. The informal investigation shall consist of interviews with the student, the employee and others who may have knowledge of the alleged incident. If the Level I investigator determines that the allegations in the report are founded and that immediate and professional investigation is necessary, the Level I investigator may defer further investigation and contact appropriate law enforcement officials, the student's parents and the person filing the report. Within fifteen days of receipt of the report, the Level I investigator shall complete a written investigative report, unless the investigation was temporarily deferred.

The written investigative report shall include:

The name, age, address and attendance center of the student named in the report.
The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
The name and work address of the employee named in the report as allegedly responsible for the abuse of the student.
An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
A general review of the investigation.
Any actions taken for the protection and safety of the student.
A statement that, in the investigator's opinion, the allegations in the report are either:

Unfounded. (It is not likely that an incident, as defined in these rules, took place), or
Founded. (It is likely that an incident took place.)

The disposition or current status of the investigation.
A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to:

Contacting law enforcement officials.
Contacting private counsel for the purpose of filing a civil suit or complaint.
Filing a complaint with the board of educational examiners if the employee is a licensed employee.

The investigator shall retain the original and provide a copy of the written investigative report to the school employee named in the report, the employee's supervisor and the student's parent or guardian. The person filing the report, if not the student's parent or guardian, shall be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.

It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident of abuse as defined in the rules took place between the student and employee. The Level I investigator does not make the determination of whether the use of physical contact was appropriate or whether any of the exceptions apply. That is the responsibility of the Level II investigator. Upon completion of the report, if the Level I investigator determines the allegations of physical abuse are founded and serious, the Level I investigator shall notify law enforcement authorities. If the allegations are founded but the physical abuse is not of a serious nature, the Level I investigator shall refer the case on to the Level II investigator.

The Level II investigator shall review the Level I investigator's final investigative report and conduct further investigation. The Level II investigative report shall state the conclusion as to the occurrence of the alleged incident, the applicability of exceptions, the reason for the contact or force used, and recommendations regarding the need for further investigation. In determining the applicability of the exceptions or the reasonableness of the contact or force used, the Level II investigator will use the following definitions:

Physical abuse is non-accidental physical injury to the student as a result of the action of an employee. Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence. The following do not constitute physical abuse, and no employee is prohibited from:

a. Using reasonable and necessary force, not designed or intended to cause pain:

(1) To quell a disturbance or prevent an act that threatens physical harm to any person.

(2) To obtain possession of a weapon or other dangerous object within a pupil's control.

(3) For the purposes of self-defense of defense of others as provided for in Iowa Code § 704.3.

(4) For the protection of property as provided for in Iowa Code §§ 704.4, .5.

(5) To remove a disruptive pupil from class, or any area of school premises or from school-sponsored activities off school premises.

(6) To prevent a student from the self-infliction of harm.

(7) To protect the safety of others.

b. Using incidental, minor, or resonable physical contact to maintina order and control.

In determining the reasonableness of the contact or force used, the following factors shall be considered:

a. The nature of the misconduct of the student, if any, precipitating the physical contact be the school employee.

b. The size and physical condition of the student. The instrumentality used in making the physical contact.

c. The motivation of the school employee in initiating the physical contact.

d. The extent of injury to the student resulting from the physical contact.

"Reasonable force" is that force and no more which 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.

Upon completion of the Level II investigation, the Level I investigator shall forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent. The Level I investigator shall notify the person filing the report of the current status of the case.

If the Level II investigator's report or law enforcement officials conclude abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator shall file a complaint with the State Board of Educational Examiners. The Level I investigator shall also arrange for counseling services for the student if the student or student's parents request counseling services.

Sexual Abuse

Sexual abuse is defined as including sexual acts involving a student, acts that encourage the student to engage in prostitution, as well as inappropriate, intentional sexual behavior or sexual harassment by the employee toward a student. "Sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

Submission to the conduct is made either implicitly or explicitly a term or condition of the student's education or benefits;
Submission to or rejection of the conduct is used as the basis for academic decisions affecting that student; or
The conduct has the purpose or effet of substantially interfering with a student's academic performanace by creating an intimadating, hostile or offensive education environment.

When sexual abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report. The employee named in the report shall not receive a copy of the report until the employee is initially interviewed. The designated investigator shall not interview the school employee named in a report of sexual abuse until after a determination is made that jurisdiction exists, the alleged victim has been interviewed and a determination made that the investigation will not be deferred.

The investigator shall notify the parent, guardian or legal custodian of a student 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 send a representative in the parent's place. The Level I investigator shall interview the 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 Level I investigator may record the interview electronically.

The Level I investigator shall exercise 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.

It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident took place between the employee and the student. If the Level I investigator believes the employee committed a sex act with a student or sexually exploited a student, the Level I investigator shall defer the Level I investigation and immediately notify law enforcement officials, the student's parents and the person filing the report.

If the Level I investigator determines an incident occurred, while not an illegal sex act with a student or sexual exploitation of a student, but where the employee engaged in inappropriate, intentional sexual behavior, further investigation is warranted. If further investigation is warranted, the Level I investigator may proceed to interview the employee and other individuals who may have knowledge of the circumstances contained in the report. Prior to interviewing other individuals who may have knowledge of the circumstance contained in the report, the Level I investigator shall provide notice of the impending interview of student witnesses or the student who is 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. The Level I investigator shall, if founded, arrange for the Level II investigator to further investigate the allegations.

Within fifteen days of receipt of the report or notice of alleged sexual abuse, the Level I investigator shall complete a written investigative report unless the investigation was temporarily deferred. The written investigative report shall include:

The name, age, address and attendance center of the student named in the report.
The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student.
An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
A general review of the investigation.
Any actions taken for the protection and safety of the student.
A statement that, in the investagator's opinion, the allegations in the report are either:

Unfounded. (It is not likely that an incident, as defined in these rules, took place), or
Founded. (It is likely that an incident took place.)

The disposition or current status of the investigation. A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to:

Contacting law enforcement officials.
Contacting private counsel for the purpose of filing a civil suit or complaint.
Filing a complaint with the board of educational examiners if the school employee is certificated.

The investigator shall retain the original and provide a copy of the investigative report to the school employee named in the report, the school employee's supervisor and the named student's parent or guardian. The person filing the report, if not the student's parent or guardian, shall be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.

If the allegations are founded, the Level I investigation shall refer the case to the Level II investigator. The Level II investigator shall review the Level I investigator's final investigative report and conduct further investigation if necessary. The Level II investigative report shall state conclusively as to the occurrence of the alleged incident, conclusively as to the nature of the sexual abuse and recommendations regarding the need for further investigation. Upon completion of the Level II investigation, the Level I investigator shall forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent. The Level I investigator shall notify the person filing the report of the current status of the case.

If the Level II investigator's report or law enforcement officials conclude sexual abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator shall file a complaint on behalf of the district after obtaining the superintendent's signature with the State Board of Educational Examiners. The Level I investigator shall also arrange for counseling services for the student if the student or student's parents request counseling services.

In cases involving founded physical or sexual abuse by a licensed employee, the board shall notify the Board of Educational Examiners. Information of unfounded abuse at Level I or Level II shall not be kept in the employee's personnel file. If the Level I investigative report is founded but Level II is unfounded, then the Level I report shall be removed from the employee's permanent file.

It shall be the responsibility of the board to annually identify a Level I and Level II investigator. The board shall also designate annually an alternate Level I investigator, preferably of the opposite sex of the designated Level I investigator, to whom reports may also be made. The names and telephone numbers of the Level I investigator and the alternate Level I investigator shall be included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.

Approved 8/18/11 Reviewed 10/21/20 Revised

kkurt@northlin… Fri, 02/12/2016 - 13:41

402.3R1 Abuse of Students by School District Employees Regulation - page 2 of 8

If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may:

• temporarily remove the student from contact with the employee;

• temporarily remove the employee from service; or

• take other appropriate action to ensure the student's safety.

The Level I investigator shall have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.

Physical Abuse Allegations

The written investigative report shall include:

The name, age, address and attendance center of the student named in the report.

ddvorak@northl… Wed, 11/30/2016 - 10:26

402.3R1 Abuse of Students by School District Employees Regulation - page 3 of 8

2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.

3. The name and work address of the employee named in the report as allegedly responsible for the abuse of the student.

4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.

5. A general review of the investigation.

6. Any actions taken for the protection and safety of the student.

7. A statement that, in the investigator's opinion, the allegations in the report are either:

Unfounded. (It is not likely that an incident, as defined in these rules, took place), or
Founded. (It is likely that an incident took place.)

8. The disposition or current status of the investigation.

9. A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to:

Contacting law enforcement officials.
Contacting private counsel for the purpose of filing a civil suit or complaint.
Filing a complaint with the board of educational examiners if the employee is a licensed employee.

ddvorak@northl… Wed, 11/30/2016 - 12:29

402.3R1 Abuse of Students by School District Employees Regulation - page 4 of 8

a. Using reasonable and necessary force, not designed or intended to cause pain:

(1) To quell a disturbance or prevent an act that threatens physical harm to any person.

(2) To obtain possession of a weapon or other dangerous object within a pupil's control.

(3) For the purposes of self-defense of defense of others as provided for in Iowa Code § 704.3.

(4) For the protection of property as provided for in Iowa Code §§ 704.4, .5.

(5) To remove a disruptive pupil from class, or any area of school premises or from school-sponsored activities off school premises.

(6) To prevent a student from the self-infliction of harm.

(7) To protect the safety of others.

b. Using incidental, minor, or reasonable physical contact to maintain order and control.

In determining the reasonableness of the contact or force used, the following factors shall be considered:

a. The nature of the misconduct of the student, if any, precipitating the physical contact be the school employee.

b. The size and physical condition of the student. The instrumentality used in making the physical contact.

c. The motivation of the school employee in initiating the physical contact.

d. The extent of injury to the student resulting from the physical contact.

Approved 8/18/11 Reviewed Revised

ddvorak@northl… Wed, 11/30/2016 - 10:45

402.3R1 Abuse of Students by School District Employees Regulation - page 5 of 8

Sexual Abuse

Submission to the conduct is made either implicitly or explicitly a term or condition of the student's education or benefits;
Submission to or reaction of the conduct is used as the basis for academic decisions affecting that student; or
The conduct has the purpose or effect of substantially interfering with a students academic performance by creating and intimidating, hostile or offensive education environment.

Approved 8/18/11 Reviewed Revised

ddvorak@northl… Thu, 12/01/2016 - 12:33

402.3R1 Abuse of Students by School District Employees Regulation - 6 of 8

1. The name, age, address and attendance center of the student named in the report.

2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.

Approved 8/18/11 Reviewed Revised

ddvorak@northl… Thu, 12/01/2016 - 13:01

402.3R1 Abuse of Students by School District Employees Regulation - 7 of 8

The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student.
An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
A general review of the investigation.
Any actions taken for the protection and safety of the student.
A statement that, in the investigator's opinion, the allegations in the report are either:
- Unfounded. (It is not likely that an incident, as defined in these rules, took place), or
- Founded. (It is likely that an incident took place.)
The disposition or current status of the investigation.

A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to:

Contacting law enforcement officials.
Contacting private counsel for the purpose of filing a civil suit or complaint.
Filing a complaint with the board of educational examiners if the school employee is certificated.

Approved 8/18/11 Reviewed Revised

ddvorak@northl… Thu, 12/01/2016 - 13:04

402.04 Gifts to Employees

Employees may receive a gift on behalf of the school district. Employees shall not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

A "restricted donor" is defined as a person or other entity which:

Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantialy class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received. However, "gift" does not include any of the following:

Contributions to a candidate or a candidate's committee;
Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
An inheritance;
Anything available or distributed to the general public free of charge without regard to the official status of the employee;
Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
Plaques or items of negligible resale value given as recognition for public service;
Non Monetary items with a value of less than three dollars that are received from any one donor during one calendar day;

Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
Funeral flowers or memorials to a church or nonprofit organization;
Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph. Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article. An honorarium does not include any of the following:

Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
A non monetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

Legal Reference: Iowa Code ch. 68B (1995).

1972 Op. Att'y Gen. 276.

1970 Op. Att'y Gen. 319.

Cross Reference: 217 Gifts to Board of Directors

401.02 Employee Conflict of Interest

704.04 Gifts-Grants-Bequests

Approved 8/18/11 Reviewed 10/21/20 Revised

kkurt@northlin… Fri, 02/12/2016 - 13:42

402.05 Public Complaints about Employees

The board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community. While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved. Prior to board action however, the following should be completed:

(a) Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.

(b) Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal for licensed employees and the superintendent for classified employees.

(c) Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.

(d) If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board. To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 210.8.

Legal Reference: Iowa Code § 279.8 (1995).

C ross Reference: 210.08 Board Meeting Agenda

213 Public Participation in Board Meetings

Approved 8/18/11 Reviewed 10/21/20 Revised

kkurt@northlin… Fri, 02/12/2016 - 13:43

402.06 Employee Outside Employment

The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description. The board considers an employee's duties as part of a regular, full-time position as full-time employment. The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

Legal Reference: Iowa Code §§ 20.7; 279.8 (1995).

Cross Reference: 401.02 Employee Conflict of Interest

408.03 Licensed Employee Tutoring

Approved 8/18/11 Reviewed 10/21/20 Revised

kkurt@northlin… Fri, 02/12/2016 - 13:43

402.07 Required Professional Development for Employees

REQUIRED PROFESSIONAL DEVELOPMENT FOR EMPLOYEES

Appropriate training and professional development for all employees is crucial to the success of all students. The district will provide professional development opportunities appropriate to the duties of school employees.

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.

Legal Reference: Iowa Code § .

Cross Reference: 302.6 Superintendent Professional Development

303.7 Administrator Professional Development

408.1 Licensed Employee Professional Development

Approved 8-16-23 Reviewed Revised

ddvorak@northl… Mon, 08/28/2023 - 14:51