The board of directors of a school district or area education
agency, the superintendent of a school district or the chief administrator of
an area education agency, and the authorities in charge of a nonpublic school
shall report to the board any instance of disciplinary action taken against a
person who holds a license, certificate, or authorization issued by the board
for conduct that would constitute a violation of 282-subparagraph
25.3(1)"e"(4), subrule 25.3(2), paragraph
25.3(3)"e," or paragraph 25.3(4)"b." In
addition, the board of directors of a school district or area education agency,
the superintendent of a school district or the chief administrator of an area
education agency, and the authorities in charge of a nonpublic school shall
report to the board the nonrenewal or termination, for reasons of alleged or
actual misconduct, of a person's contract executed under Iowa Code sections
279.12, 279.13,
279.15,
279.16,
279.18 through
279.21,
279.23, and
279.24, and the resignation of a
person who holds a license, certificate, or authorization issued by the board
as a result of or following an incident or allegation of misconduct that, if
proven, would constitute a violation of 282-subparagraph
25.3(1)"b"(1), subparagraph 25.3(1)"e"(4),
subrule 25.3(2), paragraph 25.3(3)"e," or paragraph
25.3(4)"b," when the board or reporting official has a
good-faith belief that the incident occurred or the allegation is true.
(1)
Method of reporting. The
report required by this rule may be made by completion and filing of the
complaint form described in subrule 11.4(2) or by the submission of a letter to
the executive director of the
board which includes:
a. The full name, address, telephone number,
title and signature of the reporter;
b. The full name, address, and telephone
number of the person who holds a license, certificate or authorization issued
by the board;
c. A concise
statement of the circumstances under which the termination, nonrenewal, or
resignation occurred;
d. The date
action was taken which necessitated the report, including the date of
disciplinary action taken, nonrenewal or termination of a contract for reasons
of alleged or actual misconduct, or resignation of a person following an
incident or allegation of misconduct as required under Iowa Code section
272.15(1), or
awareness of alleged misconduct as required under Iowa Code section
272.15(2);
and
e. Any additional information
or documentation which the reporter believes will be relevant to assessment of
the report pursuant to subrule 11.37(4).
(2)
Timely reporting
required. The report required by this rule shall be filed within 30
days of the date action was taken which necessitated the report or within 30
days of an employee becoming aware of the alleged misconduct under Iowa Code
section 272.15(2).
(3)
Confidentiality of
report. Information reported to the board in accordance with this rule
is privileged and confidential, and, except as provided in Iowa Code section
272.13, is not subject to
discovery, subpoena, or other means of legal compulsion for its release to a
person other than the respondent and the board and its employees and agents
involved in licensee discipline, and is not admissible in evidence in a
judicial or administrative proceeding other than the proceeding involving
licensee discipline.
(4)
Action upon receipt of report.
a. Upon receipt of a report under this rule,
the executive director of the board shall review the information reported to
determine whether a complaint investigation should be initiated.
b. In making this determination, the
executive director shall consider the nature and seriousness of the reported
misconduct in relation to the position sought or held, the time elapsed since
the misconduct, the degree of rehabilitation, the likelihood that the
individual will commit the same misconduct again, and the number of reported
incidents of misconduct.
c. If the
executive director determines a complaint should not be initiated, no further
formal action will be taken and the matter will be closed.
d. If the executive director determines a
complaint investigation should be initiated, the executive director shall
assign the matter for investigation pursuant to rule
282-11.5 (272).
(5)
Proceedings upon
investigation. From the time of initiation of an investigation, the
matter will be processed in the same manner as a complaint filed under rule
282-11.4 (17A,272).