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.

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.