Senate File 169
SENATE FILE
BY ANGELO
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the conduct and licensure of school employees
2 by creating a criminal offense of sexual exploitation by a
3 school employee, providing a penalty, authorizing the board of
4 educational examiners to perform record checks at the
5 applicant's expense, and requiring school districts and
6 schools to report practitioner misconduct under certain
7 circumstances.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
9 TLSB 1284XS 80
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PAG LIN
1 1 Section 1. NEW SECTION. 272.15 SINGLE CONTACT REPOSITORY
1 2 == RECORD CHECKS.
1 3 1. The board may access the single contact repository
1 4 established by the department of inspections and appeals
1 5 pursuant to section 135C.33 as necessary for the board to
1 6 perform record checks of persons seeking renewal of a license
1 7 or certificate issued pursuant to this chapter.
1 8 2. The board shall charge an applicant seeking renewal of
1 9 a license, authorization, or certificate a fee to defray the
1 10 costs of performing record checks in accordance with
1 11 subsection 1. This fee is in addition to any other license or
1 12 other fee charged by the board. The executive director shall
1 13 deposit the fees with the treasurer of state and the fees
1 14 shall be credited to the general fund of the state. The
1 15 executive director shall keep an accurate and detailed account
1 16 of fees received and paid to the treasurer of state.
1 17 3. The board of directors of a school district or area
1 18 education agency and the authorities in charge of a nonpublic
1 19 school shall report to the board the nonrenewal or
1 20 termination, for reasons of alleged or actual misconduct, of a
1 21 contract executed under sections 279.12, 279.13, 279.15
1 22 through 279.21, 279.23, and 279.24. For purposes of this
1 23 subsection, unless the context otherwise requires,
1 24 "misconduct" means a violation of the criteria of professional
1 25 practices adopted by rule of the board.
1 26 Sec. 2. Section 614.1, subsection 12, Code 2003, is
1 27 amended to read as follows:
1 28 12. SEXUAL ABUSE OR SEXUAL EXPLOITATION BY A COUNSELOR, OR
1 29 THERAPIST, OR SCHOOL EMPLOYEE. An action for damages for
1 30 injury suffered as a result of sexual abuse, as defined in
1 31 section 709.1, by a counselor, or therapist, or school
1 32 employee, as defined in section 709.15, or as a result of
1 33 sexual exploitation by a counselor, or therapist, or school
1 34 employee shall be brought within five years of the date the
1 35 victim was last treated by the counselor or therapist, or
2 1 within five years of the date the victim was last enrolled in
2 2 the school.
2 3 Sec. 3. Section 692A.1, subsection 10, Code 2003, is
2 4 amended to read as follows:
2 5 10. "Sexual exploitation" means sexual exploitation by a
2 6 counselor, or therapist, or school employee under section
2 7 709.15.
2 8 Sec. 4. Section 702.11, subsection 2, paragraph d, Code
2 9 2003, is amended to read as follows:
2 10 d. Sexual exploitation by a counselor, or therapist, or
2 11 school employee in violation of section 709.15.
2 12 Sec. 5. Section 709.15, Code 2003, is amended to read as
2 13 follows:
2 14 709.15 SEXUAL EXPLOITATION BY A COUNSELOR, OR THERAPIST,
2 15 OR SCHOOL EMPLOYEE.
2 16 1. As used in this section:
2 17 a. "Counselor or therapist" means a physician,
2 18 psychologist, nurse, professional counselor, social worker,
2 19 marriage or family therapist, alcohol or drug counselor,
2 20 member of the clergy, or any other person, whether or not
2 21 licensed or registered by the state, who provides or purports
2 22 to provide mental health services.
2 23 b. "Emotionally dependent" means that the nature of the
2 24 patient's or client's or former patient's or client's
2 25 emotional condition or the nature of the treatment provided by
2 26 the counselor or therapist is such that the counselor or
2 27 therapist knows or has reason to know that the patient or
2 28 client or former patient or client is significantly impaired
2 29 in the ability to withhold consent to sexual conduct, as
2 30 described in paragraph "f" subsection 2, by the counselor or
2 31 therapist.
2 32 For the purposes of paragraph "f" subsection 2, a former
2 33 patient or client is presumed to be emotionally dependent for
2 34 one year following the termination of the provision of mental
2 35 health services.
3 1 c. "Former patient or client" means a person who received
3 2 mental health services from the counselor or therapist.
3 3 d. "Mental health service" means the treatment,
3 4 assessment, or counseling of another person for a cognitive,
3 5 behavioral, emotional, mental, or social dysfunction,
3 6 including an intrapersonal or interpersonal dysfunction.
3 7 e. "Patient or client" means a person who receives mental
3 8 health services from the counselor or therapist.
3 9 f. "School employee" means a practitioner or para=educator
3 10 as defined in section 272.1, or a person who holds a coaching
3 11 authorization awarded pursuant to section 272.31.
3 12 g. "Student" means a person who is currently enrolled at
3 13 or attending a public or nonpublic secondary school, or who
3 14 was a student enrolled at a public or nonpublic secondary
3 15 school within thirty days of any violation of subsection 3.
3 16 f. 2. "Sexual exploitation by a counselor or therapist"
3 17 occurs when any of the following are found:
3 18 (1) a. A pattern or practice or scheme of conduct to
3 19 engage in any of the conduct described in subparagraph (2) or
3 20 (3) paragraph "b" or "c".
3 21 (2) b. Any sexual conduct, with an emotionally dependent
3 22 patient or client or emotionally dependent former patient or
3 23 client for the purpose of arousing or satisfying the sexual
3 24 desires of the counselor or therapist or the emotionally
3 25 dependent patient or client or emotionally dependent former
3 26 patient or client, which includes but is not limited to the
3 27 following: kissing; touching of the clothed or unclothed
3 28 inner thigh, breast, groin, buttock, anus, pubes, or genitals;
3 29 or a sex act as defined in section 702.17.
3 30 (3) c. Any sexual conduct with a patient or client or
3 31 former patient or client within one year of the termination of
3 32 the provision of mental health services by the counselor or
3 33 therapist for the purpose of arousing or satisfying the sexual
3 34 desires of the counselor or therapist or the patient or client
3 35 or former patient or client which includes but is not limited
4 1 to the following: kissing; touching of the clothed or
4 2 unclothed inner thigh, breast, groin, buttock, anus, pubes, or
4 3 genitals; or a sex act as defined in section 702.17.
4 4 "Sexual exploitation by a counselor or therapist" does not
4 5 include touching which is part of a necessary examination or
4 6 treatment provided a patient or client by a counselor or
4 7 therapist acting within the scope of the practice or
4 8 employment in which the counselor or therapist is engaged.
4 9 3. Sexual exploitation by a school employee occurs when
4 10 any of the following are found:
4 11 a. A pattern or practice or scheme of conduct to engage in
4 12 any of the conduct described in paragraph "b".
4 13 b. Any sexual conduct with a student for the purpose of
4 14 arousing or satisfying the sexual desires of the school
4 15 employee or the student. Sexual conduct includes but is not
4 16 limited to the following: kissing; touching of the clothed or
4 17 unclothed inner thigh, breast, groin, buttock, anus, pubes, or
4 18 genitals; or a sex act as defined in section 702.17.
4 19 Sexual exploitation by a school employee does not include
4 20 touching which is necessary in the performance of the school
4 21 employee's duties while acting within the scope of employment.
4 22 2. 4. a. A counselor or therapist who commits sexual
4 23 exploitation in violation of subsection 1 2, paragraph "f"
4 24 "a", subparagraph (1), commits a class "D" felony.
4 25 3. b. A counselor or therapist who commits sexual
4 26 exploitation in violation of subsection 1 2, paragraph "f"
4 27 "b", subparagraph (2), commits an aggravated misdemeanor.
4 28 4. c. A counselor or therapist who commits sexual
4 29 exploitation in violation of subsection 1 2, paragraph "f"
4 30 "c", subparagraph (3), commits a serious misdemeanor. In lieu
4 31 of the sentence provided for under section 903.1, subsection
4 32 1, paragraph "b", the offender may be required to attend a
4 33 sexual abuser treatment program.
4 34 5. a. A school employee who commits sexual exploitation
4 35 in violation of subsection 3, paragraph "a", commits a class
5 1 "D" felony.
5 2 b. A school employee who commits sexual exploitation in
5 3 violation of subsection 3, paragraph "b", commits an
5 4 aggravated misdemeanor.
5 5 Sec. 6. Section 802.2A, subsection 2, Code 2003, is
5 6 amended to read as follows:
5 7 2. An indictment or information for sexual exploitation by
5 8 a counselor, or therapist, or school employee under section
5 9 709.15 committed on or with a person who is under the age of
5 10 eighteen shall be found within ten years after the person upon
5 11 whom the offense is committed attains eighteen years of age.
5 12 An information or indictment for any other sexual exploitation
5 13 shall be found within ten years of the date the victim was
5 14 last treated by the counselor or therapist, or within ten
5 15 years of the date the victim was enrolled in the school.
5 16 Sec. 7. Section 903B.1, subsection 4, paragraph h, Code
5 17 2003, is amended to read as follows:
5 18 h. Sexual exploitation by a counselor in violation of
5 19 section 709.15.
5 20 EXPLANATION
5 21 This bill creates a criminal offense of sexual exploitation
5 22 by a school employee, provides a penalty, and permits the
5 23 board of educational examiners to perform record checks of
5 24 individuals seeking license, authorization, or certificate
5 25 renewal.
5 26 The bill permits the board of educational examiners to
5 27 access the single contact repository established by the
5 28 department of inspections and appeals to perform the record
5 29 checks. The board shall charge the applicant a fee to defray
5 30 the costs of performing the record check.
5 31 The bill directs school districts and nonpublic schools to
5 32 report to the board the nonrenewal or termination of a
5 33 contract with a practitioner, coach, or para=educator for
5 34 reasons of alleged or actual misconduct. "Misconduct" is
5 35 defined as a violation of the criteria of professional
6 1 practices adopted by rule of the board.
6 2 The bill provides that a school employee shall not engage
6 3 in any sexual conduct with a student who is enrolled at a
6 4 public or nonpublic secondary school, or who was enrolled at a
6 5 public or nonpublic secondary school within 30 days of any
6 6 violation of this bill, for the purpose of arousing the sexual
6 7 desires of either of them. The bill defines "school employee"
6 8 to mean a practitioner, coach, or para=educator.
6 9 The bill defines "sexual conduct" to include but is not
6 10 limited to the following: kissing; touching of the clothed or
6 11 unclothed inner thigh, breast, groin, buttock, anus, pubes, or
6 12 genitals; or a sex act as defined in Code section 702.17.
6 13 Sexual exploitation by a school employee does not include
6 14 touching which is necessary in the performance of the school
6 15 employee's duties while acting within the scope of employment.
6 16 The bill provides that a school employee commits a class
6 17 "D" felony if the employee engages in a pattern or practice or
6 18 scheme of conduct to engage in such sexual conduct with a
6 19 student.
6 20 The bill provides that a school employee commits an
6 21 aggravated misdemeanor if the employee engages in such sexual
6 22 conduct with a student.
6 23 The amendments to Code sections 614.1, 692A.1, 702.11,
6 24 802.2A, and 903B.1 conform the new criminal offense of sexual
6 25 exploitation by a school employee with other sexual
6 26 exploitation offense provisions found in Code section 709.15,
6 27 including the five-year civil and 10-year criminal statute of
6 28 limitations.
6 29 A class "D" felony is punishable by confinement for no more
6 30 than five years and a fine of at least $750 but not more than
6 31 $7,500. An aggravated misdemeanor is punishable by
6 32 confinement for no more than two years and a fine of at least
6 33 $500 but not more than $5,000.
6 34 LSB 1284XS 80
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