4118.5
Policy
Personnel
Professional and
Classified
Rights,
Responsibilities and Duties
Abuse of Students by
District Employees or Volunteers
Physical or sexual abuse
of students, including inappropriate and intentional sexual behavior 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.
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 superintendent will
appoint an investigator and alternate investigator of opposite sexes. The
investigator will pass the findings on to the superintendent who will complete
any further investigations as deemed necessary and take appropriate final
action. The names of the investigators shall be listed in the student handbook,
published annually in the local newspaper or school newsletter and posted in
all school facilities.
The superintendent is
responsible for drafting administrative regulations to implement this policy
and for organizing employee training relating to this policy. Procedures shall
be reviewed annually for adequacy and accuracy.
Legal Reference: 28-717 Crimes &
Punishments; Offenses involving the Family Relation
Cross Reference: Child Abuse Reporting
4118.3 Harassment
Corporal
Punishment
Approved: February 18,
2002
ABUSE
COMPLAINT FORM
Name of complainant:
__________________________________________
Position of
complainant:__________________________________________
Date of
complaint:_____________________________
Name of alleged
abuser:_________________________________________
Date and place of
incident or incidents:______________________________________
______________________________________________________________________________
Description of
misconduct:____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Name of witnesses (if
any): __________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Evidence of abuse, i.e.,
letters, photos, etc. (attach evidence if possible): _
______________________________________________________________________________
______________________________________________________________________________
Any other information:
_______________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I agree that all of the
information on this form is accurate and true to the best of my knowledge.
Signature:
_________________________________________
Date:
______________________________________
WITNESS
DISCLOSURE FORM
Name of witness:
________________________________________
Position of
witness:_____________________________________
Date of testimony,
interview: ___________________________
Description of instance
witnessed: _____________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Any other information:
_________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
I agree that all of the
information of this form is accurate and true to the best of my knowledge.
Signature:
_______________________________________
Date:
______________________
4118.5
Regulation
Personnel
Professional and
Classified
Rights,
Responsibilities and Duties
Abuse of Students by
District Employees or Volunteers
Physical or sexual abuse
of students, including inappropriate and intentional sexual behavior, by
employees will not be tolerated. Employees found in violation of this policy
will be subject to disciplinary action up to and including discharge.
Definition of Physical Abuse
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:
1. Using reasonable and
necessary force, not designed or intended to cause pain:
a) To quell a disturbance or prevent an act that
threatens physical harm to any person.
b) To obtain possession of a weapon or other dangerous
object within a pupil's control.
c) For the purposes of self-defense of defense of others
as provided for in Neb. Statute 28-1409 and 1410.
d) For the protection of property as provided for in
Neb. Statute 28-1411.
e) To remove a disruptive pupil from class, or any area
of school premises or from school sponsored activities off school premises.
f)
To prevent a
student from the self-inf1iction of harm.
g) To protect the safety of others.
2. 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 by
the school employee.
b)
The size and
physical condition of the student.
c)
The means or
device used in making the physical contact.
d)
The motivation
of the school employee in initiating the physical contact.
e)
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.
4118.5
Regulation
(Continued)
Definition of Sexual Abuse
Sexual abuse is defined
as including sexual acts involving a student, acts that encourage the student
to engage in prostitution, inappropriate, intentional sexual behavior or
physical manifestations of 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:
1.
Submission to
the conduct is made either implicitly or explicitly a term or condition of the
student's education or benefits;
2.
Submission to or
rejection of the conduct is used as the basis for academic decisions affecting
that student; or
3.
The conduct has
the purpose or effect of substantially interfering with a student's academic
performance by creating an intimidating, hostile or offensive education
environment.
Complaint Procedure
An individual who
believes he/she has been abused shall notify Mr.
The investigator, with
the approval of the superintendent, or the superintendent has the authority to
initiate a harassment investigation in the absence of a written complaint. The
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.
When abuse is reported,
the 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 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.
The investigator shall
notify the parent, guardian or legal custodian of a student in pre-kindergarten
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 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 investigator may record the interview
electronically.
4118.5
Regulation
(Continued)
It is the responsibility
of the investigator to determine whether it is more likely than not that an
incident took place between the employee and the student. If the investigator
believes the employee committed a sex act with a student or sexually exploited
a student, the investigator shall immediately notify law enforcement officials,
the superintendent, the student's parents and the person filing the report.
The designated
investigator may defer the interview of the school employee and alleged victims
named in a report of abuse until after a determination is made that law
enforcement will investigate and they have completed their initial interviews
with the alleged victims and the employee.
If the 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 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
investigator shall provide notice of the impending interview of student
witnesses or the student who is in pre-kindergarten 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.
Within five days of
receipt of an investigable report, the 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 investigator determines that the allegations in the report are
founded and that immediate and professional investigation is necessary, the
investigator may defer further investigation and shall contact appropriate law
enforcement officials, the student's parents and the person filing the report.
Within fifteen days of
receipt of the report, the investigator shall complete a written investigative
report, unless the investigation was temporarily deferred.
The written investigative
report shall include:
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.
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.
4118.5
Regulation
(Continued)
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 district rules,
took place), inconclusive (it is unknown as to whether the incident took place
as there is a lack of evidence to determine if it is founded or unfounded) or
founded. (It is likely that an incident took place.)
8.
The
applicability of exceptions to the investigated incident, or reason for the
contact or force used.
9.
A statement
that, in the investigator's opinion, any physical contact that occurred was
appropriate. (Actions invoking a disciplinary process as defined in district
rules), or inappropriate. (Actions not requiring any disciplinary process.)
10.
The disposition
or current status of the investigation and recommendations regarding the need
for further investigation.
11.
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 Nebraska Professional Practices Commission if the employee
is a certificated 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, law
enforcement, the superintendent 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 investigation has been concluded and of the disposition
or anticipated disposition of the case.
If the investigator's
report or law enforcement officials conclude the case involved founded physical
or sexual abuse by a certificated employee, or the employee admits the
violation, or the employee has surrendered the employee's certificate or
license, the investigator shall file a complaint on behalf of the district
after obtaining the superintendent's signature with the Nebraska Professional
Practices Commission. The investigator shall also arrange for counseling
services for the student if the student or student's parents request counseling
services. Information of unfounded abuse shall not be kept in the employee's
personnel file.
Legal Reference:
Cross Reference: Child Abuse Reporting
4118.3 Harassment
Corporal
Punishment
Approved: February 18,
2002