The District filed a complaint with the Department of Education pursuant to 281 Iowa Administrative Code 43.12 and 43.24 regarding a former bus driver for the District, seeking permanent revocation of the Appellee's school bus driving permit. Mr. Metzger was employed as a bus driver by the District until April 23, 1997, on which date he contacted a 13-year-old student while she was babysitting at a neighbor's home.

After hearing the evidence submitted by the District as to Mr. Metzger's actions on that date and the fact criminal trespassing charges and a no-contact order were filed, the administrative law judge and hearing panel determined that Mr. Metzger had violated rules 43.12, 43.24 and Iowa Code sections 321.375 and 376(1997).Therefore, Mr. Metzger's bus driver's permit was revoked permanently.