[ §302C-2] Investigation of misconduct; reporting to the department of education; harm to students registry; due process; indemnity.
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[ §302C-2] Investigation of misconduct; reporting to the department of education; harm to students registry; due process; indemnity.
(a)Pursuant to the requirements of section 302A-1006, each private school shall certify to the department any final finding resulting from the private school's investigation that an employee inflicted harm on a student, notwithstanding whether the employee was terminated, retired, resigned, or was banned from the school pending completion of the investigation. Each private school shall complete an investigation without regard to the status of employment of the employee under investigation or the status of the employee's future involvement with the institution.
(b)The reporting private school shall certify, before transmitting an employee's name and other information to the department, that:
(1)The employee whose name and information are transmitted to the department for inclusion on the harm to students registry was given prior written notice of the private school's decision to transmit the employee's name and information for this purpose;
(2)The employee was given the opportunity to appeal the decision; and
(3)The employee either waived the right to appeal or lost the appeal.
The department shall rely on the certification of the private school that the employee was provided due process in accordance with this section.
(c)Each private school shall consult the harm to students registry to determine whether a candidate for employment at the school is listed on the registry.
(d)Each private school shall consult the harm to students registry before authorizing a volunteer's assistance in a role that involves the volunteer's interaction with, or close proximity to, a student or students.
(e)If a candidate for employment or a potential volunteer's name is listed on the harm to students registry, the private school shall cease to consider the candidate for employment or shall prohibit the volunteer's assistance in a role that involves interaction with, or close proximity to, a student or students.
(f)Each private school, when requested by another institution, shall share with that institution the existence of any employee investigation that includes allegations of infliction of harm to a student, including ongoing investigations.
(g)A private school that provides information or an opinion about an employee's job performance to a prospective employing institution shall be presumed to be acting in good faith and shall have qualified immunity from civil or criminal liability for disclosing the information and for the consequences of the disclosure.
(h)The good faith presumption under subsection
(g)shall be rebuttable upon a showing, by a preponderance of the evidence, that the information or opinion disclosed was:
(1)Knowingly false; or
(2)Knowingly misleading.
(i)Nothing in subsections
(g)and
(h)shall affect the rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378.
(j)A person whose name is listed on the harm to students registry may request the reporting private school to submit a certified request to the department to remove the person's name from the registry if new information is discovered that proves that the person has not inflicted harm on a student such that the person's name does not belong on the registry.
(k)A private school certifying the inclusion of an employee on or removal of an employee from the harm to students registry, or refusing to certify the removal of an employee from the harm to students registry, shall defend and indemnify the department from any liability resulting from any claim or cause of action relating to the employee's inclusion on or removal from the registry, or relating to the private school's refusal to certify the removal of the employee from the registry.
(l)As used in this section:
"Department" means the department of education.
"Employee" has the same meaning as defined in section 302A-1006(q).
"Final finding" has the same meaning as defined in section 302A-1006(q).
"Harm to students registry" or "registry" has the same meaning as defined in section 302A-1006(q).
"Inflicted harm on a student" or "infliction of harm on a student" has the same meaning as defined in section 302A-1006(q).
"Institution" has the same meaning as defined in section 302A-1006(q).
"Investigation" has the same meaning as defined in section 302A-1006(q). [L 2024, c 156, §3]