Elwood has been charged with two violations of Iowa Administrative Code:

• “Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning”

• “Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.”

A hearing earlier this year before an administrative law judge resulted in an order being passed on to the Board of Educational Examiners, which has jurisdiction in the case, according to Dave Werning, the public information officer for the Iowa Department of Inspections and Appeals. Although the Board has final say in the matter, its decision can be challenged in district court. Possible consequences range from a letter of reprimand to the permanent revocation of Elwood’s license.

The Iowa State Board of Education and Iowa Department of Education are not directly involved, although the director of the state department also serves as a member of the Iowa Board of Educational Examiners. The case has been active for more than a year.

A complaint was received Jan. 15, 2014, according to BOEE records. The BOEE ordered a probable cause hearing at its June 14, 2014, meeting. The case came to the public’s attention in December after a Nov. 4 notice of hearing. Elwood is accused of hiring a summer employee that he allegedly was aware had sexually assaulted a Treynor student earlier that year. A hearing was held in January, with a series of briefs scheduled after the oral arguments.