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made against within 24 hours after receipt of the teacher’s report and complete an investigation of the
incident as soon as possible. The classroom teacher may also notify the parent or guardian of the student
who made the threat or caused the incident, and the parent or guardian of the student against whom the
threat or incident was directed (2023 Iowa Acts, chapter 96 (House File 604), sec. 4).
An investigation will be initiated by the principal or lead administrator upon learning of an incident of violence
or threat of violence through any credible means. If the principal or lead administrator finds that an incident of
violence or threat of violence did occur, the administrator will determine the level of threat or incident by
considering all aspects of the situation, including the student's intent and knowledge of the impact of their
actions, their developmental level and context of the incident. The resolution will focus on identifying the
cause behind the behavior and appropriate corrective action (2023 Iowa Acts, chapter 96 (House File 604),
sec. 7, new section 279.79A, subsections 1 and 4).
A student who makes a threat of violence, causes an incident of violence that results in injury or property
damage, or who commits an assault, will be subject to escalating levels of discipline for each occurrence.
When appropriate, referrals will be made to local law enforcement. The district retains the authority to assign
the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence
(2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 5).
Threat of Violence
Threat of violence means a written, verbal, electronic or behavioral message that either explicitly or implicitly
expresses an intention to inflict emotional or physical injury, property damage, or assault.
Incident of Violence
Incident of violence means the intentional use of physical force or power against oneself, another person, a
group or community or property resulting in injury, property damage or assault.
Injury
Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d
907, 913 (Iowa 1981).
Property Damage
Property damage means any destruction, damage, impairment or alteration of property to which the
individual does not have a right to take such an action. Property means real property, which includes any real
estate, building, or fixture attached to a building or structure, and personal property, which includes intangible
property (Iowa Code section 4.1(21)).
Assault
Assault means when, without justification, a student does any of the following:
an act which is intended to cause pain or injury to, or which is intended to result in physical contact
which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or
any act which is intended to place another in fear of immediate physical contact which will be painful,
injurious, insulting or offensive, coupled with the apparent ability to execute the act; or intentionally
points any firearm toward another or displays in a threatening manner any dangerous weapon toward
another.
The act is not an assault when the person doing any of the above and the other person are voluntary
participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable
incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the
peace (Following Iowa Code section 708.1).