The District is concerned as it continues to receive comments and is hearing feedback from the community containing erroneous information related to the recent resignation of a school administrator. As has been previously stated, the District is restricted in what information it can provide the public about a specific confidential personnel and/or student matter. However, given the type and amount of misinformation circulating in the community the District feels it is necessary to try and communicate the following additional information about the general process on certain complaints and investigations to help clarify as much as it can the disinformation that is being wrongfully spread.
First, and foremost, no investigation or subsequent resignation occurred as a result of any school employee breaking up a fight on school grounds. The District supports, and the law allows for, appropriate actions and protocols taken by staff to protect students and property.
Second, and equally important, at the conclusion of the investigation in this situation, the administrator chose to resign. He was not forced to resign by the superintendent or the board. He resigned voluntarily. The resignation agreement approved by the Board states it was a voluntary resignation.
As a general matter, when a certain type of complaint is received against any school employee for alleged conduct toward a student a Chapter 102 investigation must be conducted and Iowa law requires that the employee be placed on administrative leave during the process. A Level 1 investigation is then commenced. The investigation is conducted by a previously designated Level 1 investigator that must be named annually by the District. A Level 1 investigator must receive specific training to serve in that role. A Level 1 investigation is NOT performed by District administration or board members. The purpose of a Level 1 investigation is to talk to both the complainant, the employee and any witnesses to determine if an incident alleged in a complaint is more likely than not to have occurred.
Based on the findings of a Level 1 investigation, a Level 2 investigation may become mandatory under the law. The Level 2 investigation is NOT conducted by District administration or the school board. The investigation may be conducted by someone with specialized training in Level 2 investigations and who is not connected to the school district/community. Generally, a school district will work with its legal counsel to seek guidance on the appropriate Level 2 investigator. The charge of the independent Level 2 investigator is to look at the Level 1 investigation and then conduct any additional investigation the Level 2 investigator believes is warranted to ascertain the facts. Under Iowa law, the Level 2 investigator must consider and apply a list of possible exceptions to the incident that may justify the employee’s actions and ultimately protects school employees for appropriate conduct necessary in certain circumstances. If it is determined, however, these exceptions do NOT apply and the employee conduct was not otherwise justified under the stated law, then the investigator reports the incident as founded. If the incident is founded, the law requires certain actions be taken the District. More specific information about Chapter 102 (Child Abuse) investigations can be found here: Child Abuse (educateiowa.gov).
At each step in both the Level 1 and Level 2 investigative process, the employee is given due process, meaning they are provided information regarding the complaint and then given the right to be heard and give his/her side of the story. The role of the superintendent in a Chapter 102 investigation process is limited. Typically, the superintendent is not involved at all. The role of the superintendent is to merely ensure the District complies with state law and District policy and the Superintendent will work with legal counsel to ensure compliance occurs.
As previously stated, whenever the District is involved in personnel investigations related to specific complaints, it works closely with legal counsel to ensure the law and proper policies are followed, including making any required reports to state agencies as a result of any investigation findings.
-SBL School Board