281—102.2 (280) Definitions.
“Abuse” may fall into either of the following categories:
	  1. 	  “Physical abuse” means nonaccidental physical injury to the student as a result of the actions of a school employee.
	  2. 	 “Sexual abuse” means any sexual offense as defined by Iowa Code chapter 709 or Iowa Code section 728.12(1). The term also encompasses acts of the school employee that encourage the student to engage in prostitution as defined by Iowa law, as well as inappropriate, intentional sexual behavior, or sexual harassment by the school employee toward a student.
“Board of educational examiners” means the state board as created in Iowa Code chapter 272.
“Designated investigator” means the person or persons appointed by the board of directors of a public school district, or the authorities in control of a private school, at level one, to investigate allegations or reports of abuse of students by school employees and shall also refer to the appointed alternate.
“Incident” means an occurrence of behavior that meets the definition of physical or sexual abuse in these rules.
“Injury” occurs when evidence of it is still apparent at least 24 hours after the occurrence.
“Nonpublic school” means any school in which education is provided to a student, other than in a public school or in the home of the student.
“Preponderance of evidence” means reliable, credible evidence that is of greater weight than evidence offered in opposition to it.
“Public school” means any school directly supported in whole or in part by taxation.
“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.
“School employee” means a person who works for pay or as a volunteer under the direction and control of:
	  1. 	 The board of directors or any administrator of a public school district.
	  2. 	 The board or authorities in control of a nonpublic school.
	  3. 	 The board of directors or administrator of an agency called upon by a school official to provide services in an educational capacity to students.
	  4. 	 A residential institution, not currently covered by Iowa Code chapter 232, providing educational services.
School employees are of two classes: certificated (licensed) and noncertificated (unlicensed). A certificated employee holds an Iowa teacher’s certificate issued by the department of education or a license issued by the state board of educational examiners.
“Sexual harassment” means 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.
“Student” means a person enrolled in a public or nonpublic school or a prekindergarten program in a public or nonpublic school established under Iowa law, a child enrolled in a day care program operated by a public school or merged area school under Iowa Code section 279.49, or is a resident between the ages of 5 and 21 of a state facility providing incidental formal education.