1. (a) All complaints which allege possible educator misconduct or could involve possible educator misconduct shall be reviewed by the department.
2. (b) After the complaint is reviewed, if the department determines that a possible violation of the code of conduct has occurred, the department shall open a case with an assigned number.

3. (c) In reviewing the case, if the department determines by preponderance of the evidence that a violation of the code of conduct has occurred, the case shall become an investigation at which point the credential holder shall be placed under investigation, with the following conditions:

   1. (1) Credential holders who are placed under investigation shall be notified in writing, via certified mail, that an investigation has been opened, the nature of the allegation, and a summation of the facts within 15 days of the initiation of the investigation;
   2. (2) Once under investigation, a credential holder who surrenders their credential shall be deemed to be revoked;
   3. (3) The credential status of credential holders who are placed under investigation shall be valid, except for credential holders who are subject to immediate suspension pursuant to Ed 511.05; and
   4. (4) A case that has not become an investigation within 90 days shall be closed.
4. (d) The credential holder’s current superintendent shall be notified in writing by the department that an investigation has been opened, and when it is closed, unless the department determines that the notification might compromise the investigation.
5. (e) Evaluations of complaints, cases, and investigations into allegations of educator misconduct, as defined in the code of conduct, shall not constitute a disciplinary hearing and shall not constitute a finding of misconduct against a credential holder.
6. (f) Investigations shall be conducted by department personnel, except if the department determines that there is a need to contract with an independent investigator or needs to conduct the investigation in cooperation with another state or federal agency.

7. (g) The department shall make every attempt to:

   1. (1) Obtain any and all documentation which might be relevant to the investigation; and

   2. (2) Interview all individuals who may have relevant information which pertains to the investigation including, but not limited to:

      1. a. Parents or guardians;
      2. b. Students, with permission from the parent or guardian if they are under 18;
      3. c. The credential holder;
      4. d. Administration; and
      5. e. Other educational personnel, to include uncredentialed staff.

8. (h) Once the investigation is complete, the department shall produce a report to inform the credential holder of the findings in one of the following manners:

   1. (1) The department shall create a report which documents the results of the investigation; or
   2. (2) The department shall adopt the factual basis of the school district’s independent investigative report or law enforcement’s investigative report to fulfill the requirement of this subsection.
9. (i) If the department adopts the factual basis in (h)(2) above, it shall provide a summary statement to the credential holder informing the individual that it has adopted the factual basis of the independent report, and how those facts substantiate a violation of the code of conduct.
10. (j) If the investigation finds that the credential holder did not violate the code of conduct, the credential holder shall be notified in writing and the investigation closed within 15 days of the termination of the investigation.

Source. #12661, eff 11-9-18 (see Revision Note at part heading for Ed 511); ss by #13999, eff 6-14-24 (formerly Ed 511.01(a)-(i)) (see Revision Note at chapter heading for Ed 500)