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 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
