REPORTING STATUTES, RELATED ISSUES AND PROTOCOL

CHRIS CAMPBELL - COUNSEL BUNCOMBE COUNTY & ASHEVILLE CITY SCHOOLS

MEGAN APPLE, ASSISTANT DISTRICT ATTORNEY28T H PROSECUTORIAL DISTRICT

WHY THIS TRAINING?

According to the U.S. Department of Education: Only 5% of child sexual abuse cases are reported to DSS or the police.

Approximately 9.6% of K-12 students are targets of educator sexual misconduct sometime during their school career (DOE conducted by the American Association of University Women at a 95% confidence level).

More than 4.5 million current students have been subject to sexual misconduct by an employee of a school sometime between kindergarten and 12th grade.

An estimated 170,000 students in North Carolina who are currently enrolled have been subject to sexual misconduct by an employee of a school.

Of the estimated 4,200 students who attend Asheville City Schools, an estimated 403 students will be subject to sexual misconduct sometime during their school career

Of the estimated 25,500 students who attend Buncombe County Schools, an estimated 2,448 students will be subject to sexual misconduct at sometime during their school career

*Defined as physical, verbal or visual

NORTH CAROLINA GENERAL STATUES

7B-301-Duty to report abuse, neglect, dependency or death due to maltreatment

7B-302(e)-Access to confidential information; CAPTA

7B-307-Duty of DSS to report to LE

7B-309-Immunity

7B-310-Privileges not grounds for failing to report

115C-288(g)-Powers and Duties of Principal

REVIEW OF REPORTING REQUIREMENTS

7B-301-DUTY TO REPORT

Any person or institution who has cause to suspect that any juvenile has been abused, neglected or dependent as defined by 7B-101, or has died as a result of maltreatment, shall report the case of that juvenile to the Director of the Department of Social Services….

7B-302(E)-ACCESS TO CONFIDENTIAL INFORMATION

In performing any duties related to the assessment of the report…the director may consult with any public or private agencies or individuals, including the available State or local law enforcement officers…. The director or the director’s representative may make a written demand for any information or reports, whether or not confidential, that may in the director’s opinion be relevant to the assessment or provision of protective services….

7B-307-DUTY OF DIRECTOR TO REPORT EVIDENCE OF ABUSE, NEGLECT If the Director finds evidence that a juvenile may

have been abused…the Director shall make an immediate oral and subsequent written report to the district attorney…and the appropriate local law enforcement agency within 48 hours after receipt of the report.

In Buncombe County, DSS and LE work collaboratively to investigate allegations of abuse.

However, this does not relieve anyone of the duty to report to all required parties.

7B-309-IMMUNITY OF PERSONS REPORTING AND COOPERATING IN AN ASSESSMENT

Anyone who makes a report…or cooperates with the county department of social services in a protective services assessment…is immune from any civil or criminal liability…provided that the person was acting in good faith. *Viewed “Incentives” for not reporting

7B-310-PRIVILEGES NOT GROUNDS FOR FAILING TO REPORT OR EXCLUDING EVIDENCE

No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected or dependent, even if the knowledge or suspicion is acquired in an official professional capacity....

REPORTING TO LAW ENFORCEMENT

115C-288 (g)-Powers and Duties of Principal

To report certain acts to law enforcement and the superintendent – when the principal has personal knowledge, a reasonable belief, or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency.

115C-288(G) CONTINUED

A principal who willfully fails to make a report to law enforcement required by this subsection may be subject to demotion or dismissal pursuant to G.S. 115C 325.‑

Notwithstanding any other provision of law, the State Board of Education shall not require the principal to report to law enforcement acts in addition to those required to be reported by this subsection.

For purposes of this subsection, "school property" shall include any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the principal.

The principal or the principal's designee shall notify the superintendent or the superintendent's designee in writing or by electronic mail regarding any report made to law enforcement under this subsection. This notification shall occur by the end of the workday in which the incident occurred when reasonably possible but not later than the end of the following workday. The superintendent shall provide the information to the local board of education.

Nothing in this subsection shall be interpreted to interfere with the due process rights of school employees or the privacy rights of students.

IN IT’S SIMPLEST FORM…

If you have any suspicion of any type of abuse, neglect, or maltreatment in any form by any person, report immediately!

THE NEW PROTOCOL

Student Sexual / PhysicalAbuse Reporting & Investigations

Within School Context(Section III of Protocol)

All School Staff

Policy requirement to immediately report ALL possible abuse/misconduct by any school employee/volunteer directly to Principal (or SRO if Principal not available).

Principal will immediately report to Superintendent or designee. Superintendent or designee will suspend employee with or without pay.

Principal will immediately report to DSS if possible abuse committed by an adult.

SRO will advise Principal on manner of further

investigation:

Options re: Adult on Student (per SRO)

1) Principal and SRO will jointly investigate; OR2) Investigation will be conducted by Sex Crimes Division either jointly or with no direct involvement by school officials.**If no involvement by school officials, D.A.'s office will work with school attorney to provide evidence and/or permit a follow-up school investigation.

Options re: Student on Student (per SRO)

1) Principal/Title IX Coordinator or designee may investigate without law enforcement; OR

2) Principal/Title IX Coordinator or designee and SRO will jointly investigate; OR

3) Investigation will be conducted by Sex Crimes Division with Title IX Coordinator or designee having limited involvement.*

* D.A.’s office will work with school attorney to provide evidence and/or permit a follow-up investigation.

Principal must report to SRO immediately and

await further direction.

Student Sexual / PhysicalAbuse Reporting & Investigations

Outside School Context(Section II of Protocol)

All School Staff / Duty to Report

Legal duty to immediately report possible abuse/ neglect by any adult occurring outside the school context directly to DSS. No requirement to notify Principal in advance of making the report to DSS.

Principal’s Duty to Cooperate with DSS / Law Enforcement Investigations of Child Abuse or Neglect 1) If DSS or Law Enforcement requests

additional information as part of a child abuse or neglect investigation the Principal should be immediately notified.

2) Principal or Designee is fully authorized by law to provide any confidential student or employee information requested by DSS or Law Enforcement for a child abuse or neglect investigation (see Protocol Section II).

3) DSS and school system will develop procedures for information requests from schools.

Further Action by School Principal 1) If appropriate in the opinion of the Principal to serve

the child, other school personnel, including school counselors, can be made aware of possible abuse allegations.

2) If the allegations involve possible misconduct by a school employee, volunteer, or adult using school facilities, Section III of the Protocol must be followed.

Student Sexual / PhysicalAbuse Reporting & Investigation

All School Staff / Duty to Report

Legal duty to immediately report possible abuse/neglect by any adult occurring outside the school context directly to DSS. No requirement to notify Principal in advance of making the report to DSS.

Outside of School Context

Inside of School Context

Policy requirement to immediately report ALL possible abuse/ misconduct by any school employee/volunteer directly to Principal (or SRO if Principal not available).

PROVISION OF INFORMATION IN STUDENT FILE

If it relates to a child abuse/neglect/maltreatment investigation (i.e. DSS, LE investigating sexual abuse, etc.) give the information to any agency involved in the investigation who requests the same

If it does not relate to such an investigation (i.e. child custody action, subpoena, etc.) see written protocol for response

THE ROLE OF THE SRO

THE ROLE OF THE SRO Reporting concerns that fall under 115C-288(g) vs.

seeking advice from SRO

These are not optional; reporting required

Also federal implications, reporting law, Title VII, Title IX

School investigation for discipline vs. law enforcement investigation for criminal prosecution

School must take back-seat to, and not hinder any criminal investigation; if Federal requirements necessitate, must be through coordination (Title IX coordinator)

THE ROLE OF THE SRO They do not work for the school

They must always follow the LE chain of command and not the school’s

They must immediately notify the Criminal Investigative Division of cases which require investigation

If in doubt call or suggest your SRO call

THE ROLE OF THE SRO

They must immediately notify CID of cases which require investigation

Why? New statutory and constitutional requirements “I told the SRO” Notification of suspect issues Especially if staff involved, now may be dealing with crime scene Must consult with DA

You must notify your SRO immediately & then wait for the SRO’s instruction

“Do not pass go, do not collect $200” Do not say anything to anyone else about the issue prior to the

SRO’s instruction (except for your DSS report)

THE ROLE OF THE SRO You do not have discretion to make the

decision to report for the SRO You must immediately report to the SRO in

order that the SRO can immediately report Failure to immediately report to the SRO

results in failure to appropriately serve the child or children involved

Failure to immediately report to the SRO results in obstruction and hindrance of the investigatory process

DISTRICT ATTORNEY’S ROLE

Criminal Prosecutions

Consultation with LE on investigations and charges

These responses will not “cut it”:

“But I told DSS…eventually”

“But I got caught up in something else”

“But I told the SRO…some of the information or off-handedly”

WARNING SIGNSSEXUAL MISCONDUCT OR

CLAIMS OF THE SAME

WHAT SHOULD YOU DO?

USE COMMON SENSE

IF IT APPEARS FISHY, IT PROBABLY IS FISHY

ALL ADULTS MUST MAINTAIN AN APPROPRIATE “EDUCATOR / STUDENT”

RELATIONSHIP AT ALL TIMES

WARNING SIGNS

Communicating electronically with students regarding non-school issues, especially using text messaging or instant chats. This is the number one sign of an inappropriate relationship!

Personal, non-educational email, cell phone, and/or text messaging between staff and students

What would mom and dad say if they knew?

WARNING SIGNS Being alone with a single student in an isolated, non-public area of

the school campus.

Offering rides to students in personal vehicles.

Allowing students to “visit” during Planning Periods or other non-class times.

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WARNING SIGNS Tutoring outside of normal school hours or remediation programs.

Getting “too close” to parents or offering to babysit for students.

Taking students to your home to do yard work or household chores.

WARNING SIGNS Talking with students about their personal and

relationship issues or talking about your personal issues

Taking an overall, undue interest in a child or becoming a “substitute parent”

• Engaging in talk containing sexual innuendo or banter with students including jokes

WARNING SIGNS Buying gifts for students or giving

individual students “special treats” or school privileges

Repeated hugging of students or any kissing of students

Dressing provocatively or like a teenager instead of professionally

Alan: intelligent—industrious—impulsive—critical—stubborn—envious

BEWARE of the HALO EFFECT

WHO DO YOU HAVE A MORE FAVORABLE OPINION OF?

Ben: envious—stubborn—critical—impulsive—industrious—intelligent

Who Do You Have a More Favorable Opinion of?