DES MOINES – Representative Linda Upmeyer (R) of Garner introduced legislation in the Iowa House Wednesday to fix a loophole in Iowa law that allowed a non-certified high school coach to avoid prosecution for having a sexual relationship with one of his students.
Right now in Iowa, merely working as a coach – with no certification – is not enough to be convicted of sexual exploitation of a minor, the Iowa Supreme court recently ruled in dismissing a case against a former coach who was not licensed.
Earlier this month, the Iowa Supreme court reversed the conviction of Patrick Nicoletto, who worked as a non-certified basketball coach in Davis county, Iowa, and entered into a sexual relationship with a 16-year-old player he was coaching, starting in 2007. The relationship lasted at least 2 years. Nicoletto, however, was not a teacher; he worked nights at a local pipe manufacturer and had signed contract with the school district to coach. The girl he had a relationship with would often sneak away from home and make up excuses to her parents about where she was or had been.
School administrators became aware of the relationship, and Nicoletto was convicted in district court of sexual exploitation by a school employee and sentenced to 5 years in prison.
Nicoletto appealed, and the Supreme Court found that a licensed coach or teacher would be subject to prosecution, but not a contracted employee, under current Iowa law. The court sent his conviction back to district court, to be dismissed.
In the wake of that decision, lawmakers were implored to close the loophole that allowed Nicoletto to go free.
Gov. Terry E. Branstad and Lt. Gov. Kim Reynolds last week called on the Iowa Legislature, which remains in legislative session, to pass a bill protecting Iowa students from sexual exploitation from a school coach.
“With the Iowa Legislature still in session, I am calling on the Iowa House and Senate to send a bill to my desk to protect Iowa students from sexual exploitation by school coaches,” said Branstad. “We must ensure our children are safe from those we entrust with our children at Iowa schools.”
The Supreme Court’s ruling went on to say, “As we have traditionally and repeatedly stated, ‘We do not inquire what the legislature meant; we ask only what the statute means.’”
On Wednesday, legislator Linda Upmeyer introduced an act expanding the criminal offense of and related penalties for sexual exploitation to include persons issued a school coaching authorization. The bill expands the Code provision that establishes the criminal offense of sexual exploitation to include persons issued a coaching authorization and provides criminal penalties.
The bill was immediately referred to the Judiciary Committee for review.
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