Legal Question in Criminal Law in Iowa

Am I required by Iowa law as an employer to acknowledge and certify to a school district that I am responsible for restricting an employee convicted of a sex offense against a minor from going on school property as part of his/her job, ie delivery driver, etc. One school district's cert form noted that it is the employer's DUTY to police this. I do not believe I have the legal right to ask an employee nor do I have the obligation to police employees. Comment?


Asked on 2/08/12, 2:35 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

My comment is that I'd check the sex offender registry and do what I could to comply with the school district's request. If it affects their job you do have the right to inquire of your employees. If you ran an armored car company you'd be within your rights to do a background check. The problem I see here is that not complying is going to create problems for you. I think I'd ask the school board to show me where the requirement is in the Iowa Administrative Code or elsewhere.

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Answered on 2/09/12, 1:15 pm


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