South Gate, CALIFORNIA

MANDATORY REPORTERS SENTENCED
Two Los Angeles school administrators each pleaded to failing to report child abuse.
Neither will, of course, lose their teaching or administrative licenses, although there are few crimes that warrant it more.

When children are not the first concern of educators, when they act to protect colleagues rather than students, the system that does not punish them and remove them is a gross violation of the public trust.

May 1, 2008 - Prosecutors today charged two school administrators, Jesus I. Angulo, 35, principal of South East High School, and Maria Sotomayor, 36, assistant principal, with one count each of failure to report child abuse.

Angulo and Sotomayor, both of Downey, allegedly learned of a sex between a minor female student and a 30-year-old substitute teacher seven months after it took place and failed to report it. Angulo and Sotomayor now face as many as six months in jail and a $1,000 fine.

The teacher, Jesus Salvador Saenz, 30, was arrested in March and has been charged with a felony for having unlawful intercourse with a minor, prosecutors said.
Case No. TA095986
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Los Angeles County District Attorney's Office Press Release (dated May 1, 2008)
"The complaint alleges that the two willfully and unlawfully failed to make a report as required by law when, in their professional capacity and within the scope of their employment, they learned that a student had been the victim of child abuse."
Case No. 8CA03401

TT - Typical for Los Angeles, there are no online stories of Saenz's arrest. The arrests of the school administrators came on the same day that three girls testified against Steven Thomas Rooney, a vice-principal at a middle school who was transferred to the middle school despite allegations of sexual misconduct at a prior school. TT entry for Rooney

TWO ADMINISTRATORS REMOVED - May 7 - Two senior Los Angeles school district administrators have been removed from their jobs for failing to investigate allegations of sexual misconduct against an employee and then clearing him to work at a Watts middle school, where he allegedly molested two additional students.

Local district Supt. Carol Truscott and Scott Braxton, who formerly worked for Truscott, have been relieved of duties and assigned to the central office pending further investigation into how they dealt with former Assistant Principal Stephen Thomas Rooney.

Senior Deputy Supt. Ramon C. Cortines noted that 75 current employees are on hold in "non-school" positions pending investigations into alleged inappropriate conduct.

TT entry for Truscott and Braxton.

ARGULO PLEA & SENTENCING September 4 - Argulo pleaded no contest to one misdemeanor count of failure to report child abuse. He was sentenced to two years of probation and 100 hours of community service.

SOTOMAYOR PLEA & SENTENCING November 3 - Sotomayor pleaded guilty to failing to report an alleged sexual encounter between a teacher and a student and was sentenced to a year of probation and 100 hours of community service.
See also - Los Angeles District Attorney's Office Press Release (dated Nov. 3, 2008)

Main City, CALIFORNIA

School district investigates principal's response.

October 31, 2008 -

The Alisal Union School District is investigating whether a principal properly alerted authorities after four students alleged they were inappropriately touched by their teacher, convicted child molester John Hawthorne.

District Superintendent Esperanza Zendejas said she has assigned an administrator and the district's legal counsel to investigate the handling of the case.

The reason?

At Hawthorne's sentencing last week, prosecutor Gary Thelander said Salazar, then principal of Dr. Martin Luther King Jr. Academy, did not initially report the girls' claims, adding to their hesitance to cooperate with authorities. Hawthorne was the girls' teacher in a multi-level "newcomers" class for recent immigrants.

After reviewing evidence, Thelander said Thursday that Salazar had met her requirements as a "mandatory reporter" because she was "in contact" with Monterey County Child Protective Services the day she met with the girls and filled out required forms.

However,

Even though the letter of the law may have been followed, Thelander said, he is still troubled by the fact that Salazar met with Hawthorne after hearing the girls' complaints, apparently concluded they were not credible and allowed the teacher to return to the classroom with the students the next day, April 13, 2007, a Friday.

"It's all part and parcel of ... why the kids were hesitant to come forward," the prosecutor said of the principal's reaction.

FALSE REPORTS RARE

While credibility is always an element of investigating a molestation allegation, District Superintendent Esperanza said, false reports by elementary school students are rare.

OUTRAGEOUS
Even after police discovered the child porn and Hawthorne pleaded guilty in the case, five teachers wrote to the court — one on California Teachers Association letterhead — asking for leniency in his case.
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TT - Hawthorne was sentenced to 10 years in prison. He admitted to molesting more than a dozen students in 2007. He will have to register as a sex offender for the rest of his life. TT entry for Hawthorne.

Marin City, CALIFORNIA

Apr 19, 2007 - ARRESTED. John Hawthorne, 42, a teacher at Martin Luther King Academy, was arrested on suspicion of charges that he molested and annoyed his students

He was arrested at school at 9:44 a.m. after an investigation where they learned about incidents of alleged inappropriate behavior on the part of the teacher. There are alleged to be several victims.

Anyone with information about this case may call police at 831-758-7128. He is being held on $400,000 bail.

Apr 20 - The Californian:

The allegations against Hawthorne come as the latest in a series of molestation and child pornography accusations over the past few years against Salinas-area men in charge of young children.

In February, David Martin, 42, a longtime youth football and baseball coach in Salinas, pleaded no contest to two counts of lewd acts against an 8-year-old girl who was a friend of his family's. Larry Mead, 46, formerly a teacher at University Park School in Salinas, last fall received federal and state prison sentences totaling six years after pleading guilty to possessing and transmitting child pornography.

In January 2005, Esteban "Steven" Bojorquez of Greenfield, a 39-year-old bus driver and custodian for Mission Union School outside Soledad, was arrested on suspicion of molesting four girls younger than 14 years old. He died in custody before court proceedings could be completed.

[Bolding ours.] A preliminary is scheduled for May 4.

ARRAIGNED Apr 24 - Hawthorne was arraigned in court today and pleaded not guilty to eight felony counts of lewd acts with a child involving a total five children.

PRE-TRIAL HEARING May 17 - Hawthorne was in court for his pre-trial hearing. He had asked for a bail reduction, but the judge denied it. He is being held on $800,000 bail.

ADDITIONAL CHARGES August 3 - Prosecutors added an additional 12 counts of molestation and child pornography. The amended complaint adds charges that involve seven new victims and thousands of "pornographic" images investigators allegedly found on his personal computer. Hawthorne was remanded back into custody.

NEWSPAPER STORY amended (by paper) - The amended complaint Friday charged Hawthorne with 30 new counts of child molestation and possession of child pornography. There are an alleged eight additional victims and 20 felony counts of possession of child pornography.

[Defense attorney Joseph Cisneros] said Hawthorne told him that the first girl's allegations were brought to his attention by Principal Dora Salazar.

Hawthorne said Salazar told him she doubted the girl because she had changed her story and because Hawthorne disciplined her earlier in the day.

According to the original charges, four girls soon came forward to say they had been touched inappropriately between August 2006 and April. Since then, Thelander said Friday, eight more girls leveled allegations that range from hugging, to touching a girl's breast, and fondling a girl's thigh.

A change this year in state law allowed the child pornography charges as felonies. California law formerly precluded a felony charge for a first child-porn offense.

HAWTHORNE CHARGED IN TWO SCHOOLS August 8 - The Californian reports that Hawthorne has been charged with molesting 13 different students at two different Monterey County elementary schools. As for the porn charges,

Monterey County prosecutor Gary Thelander said the teacher, John Hawthorne of Soquel, used Photoshop software to paste digital pictures of the faces of female students on pornographic photos taken from the Internet. During the investigation authorities found thousands of pornographic images of prepubescent girls, The-lander said.

Hawthorne's bail has been increased to $2 million based on the new charges.

PRELIM WAIVED Sept 14 - Hawthorne waived his right to a prelimary hearing to determine if there is sufficient evidence to hold him. He will be arraigned Oct 11.

GUILTY PLEA Sept 4, 2008 - Hawthorne pleaded guilty today to eight counts of child molestation, with a special enhancement of multiple victims, and one count of possessing child porn. The plea deal call for him to be sentenced to state prison for up to 16 years with a minimum of six years, and registration as a sex offender for life.

“This will prevent him from holding a teaching credential,” [Hulsey, a county assistant district attorney Stephanie] Hulsey said. “He will not be able to teach anywhere in the state of California, and I doubt another state will give him a credential for this.”

There were meetings with the victims’ families and the disposition reached was to (their) satisfaction. “Their primary concern was not to go through a trial,” Hulsey said. Hawthorne is scheduled for sentencing Oct. 24.

SENTENCED October 24 - Hawthorne was sentenced to 10 years and 8 months in prison for molesting his students. He admitted to molesting more than a dozen students in 2007. He will have to register as a SEX OFFENDER FOR THE REST OF HIS LIFE.

INVESTIGATION MIGHT NEVER HAVE HAPPENED
The Californian (October 25).

But prosecutors said the blame does not stop with Hawthorne.

Monterey County Deputy District Attorney Gary Thelander told the court Friday that the investigation would never have happened if left in the hands of the Academy's principal. That principal, Thelander said, refused to contact Child Protective Services after four girls approached the school's administration with the allegations.

A call from a school counselor after that refusal led to Hawthorne's arrest in April 2007.

Thelander had something to say about the letters of support for the admitted pedophile.

Thelander said. "I've a certain disappointment in the (letters') complete disregard for the victims in this case."

The Herald (October 27) "Pedophile gets 10 years"
QUOTE Judge Adrienne Grover said the victims, ages 10 to 12, were the daughters of migrant workers who were more fearful to report misconduct by a male authority figure. UNQUOTE

"By the time Hawthorne entered his plea, Prosecutor Gary Thelander said, nine of the 13 victims discontinued contact with the District Attorney's Office, hampering his case. "
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TT - Bizarre note: Hawthorne had been facing 16 years in prison, but the judge gave some leniency because he confessed to the crimes. Is that because of the convenience to the judicial process or because of his remorse? And in what way does that serve the victims?

There will, of course, be no charges filed against the school principal for his failure to follow the law. Had a doctor or a health care worker or a psychologist refused to obey the law that requires them to report suspected abuse, they would be severely disciplined. If not by the law, then by their professional organizations. And what does that say?

UPDATE - The prosecutor says that principal Salazar had met her requirements as a "mandatory reporter" because she was "in contact" with Monterey County Child Protective Services the day she met with the girls and filled out required forms.

Even though the letter of the law may have been followed, Thelander said, he is still troubled by the fact that Salazar met with Hawthorne after hearing the girls' complaints, apparently concluded they were not credible and allowed the teacher to return to the classroom with the students the next day, April 13, 2007, a Friday.

The following Monday, after CPS notified Salinas police and a criminal investigation began, Hawthorne was placed on paid leave. He was arrested for child molestation several days later, after a search of his home in which his computer was seized.

"It's all part and parcel of ... why the kids were hesitant to come forward," the prosecutor said of the principal's reaction.

SEE entry on this story and outrageous action of several teachers.

Reno, NEVADA

LAWSUIT for failing to report sexual abuse

September 9, 2008 - The mother of an autistic boy filed a federal lawsuit filed Monday that contends that Washoe County School District officials failed to protect her son and failed to report he was raped twice last year by another student in a restroom.

According to the lawsuit, the autistic boy was taking part in the special education program at the school Jan. 13, 2007, when another male student "intentionally, willfully and maliciously sexually assaulted and forcibly raped (the boy) during school hours, within a restroom at the Sparks Middle School campus."

The student who allegedly attacked the boy "threatened (him) with physical harm if he reported these unlawful acts to anyone," the suit said.

The boy reported the alleged rape to Bedrow, who talked with the accused attacker and concluded that he "would never do anything like that." She then sent the autistic boy back to the classroom, the suit said. He also reported the alleged rape to his teacher, the suit said, but she allegedly failed to report the incident.

Within days, the autistic boy was raped a second time by the same alleged attacker, the suit said. His mother called Sparks police, and a physical examination "indicated tears to the rectum and bruising on (the boy's) back," the suit said.

The alleged attacker was "removed by the administration of the Sparks Middle School for 'unacceptable behavior,'" the suit said.

Named in the lawsuit was the school district officials, a teacher, a school counselor and attacker's parents.
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tt- See Mandatory Reporting links maintained by Susan K. Smith.

See Clark County, NV Department of Family Services on Child Protection and Nevada's Child Abuse/Neglect Reporting Laws.

A report of suspected child abuse or neglect is only a request for an investigation. The person making the report does not need to prove or provide proof that abuse has or may have occurred. Investigation is the responsibility of the Child Protective Services Agency and/or law enforcement.

tt- There is, you might note, no provision for schools to conduct their own investigations of their own personnel.

Pittsburgh, PENNSYLVANIA

LAWSUIT

Not, mind you, that this will change anything. School districts will still perform their own "in house investigations" and ignore mandatory reporting laws that require them to notify police or child welfare agencies when they suspect abuse.

September 9, 2008 - A teacher wants claims against her in a federal lawsuit filed by the girl's family to be dismissed. Her attorney argues that she did not cause the harm when the 14-year-old girl was raped in a stairwell at the school in February, and did not have a constitutional duty to protect the girl from bodily harm because she did not work for the school district directly.

Esther von Waldow, formerly known as Esther Haguel, was hired to work in Upper St. Clair High School's special education program. The district said it contracted with von Waldow through Wesley Institute.

The lawsuit, filed June 30, claims the unnamed girl told von Waldow in January that a male student forced her to perform sex acts on and off campus. That month, the same boy was placed on three days' in-school suspension for inappropriate sexual behavior toward two other girls.

In February, the boy was arrested on charges of raping three girls -- including the plaintiff -- over a four-day period.

In yesterday's filing, von Waldow claims she warned school officials and sought better protection for the girl, including supervised walks to the bus.

"One is left to question what more would or should be required of an independent contractor employee than to promptly notify the officials and individual defendants on whom (the plaintiff's) safety depended," defense attorney Samuel Braver wrote. "(von Waldow) is the only individual defendant who took any action to notify school officials."

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tt - Previously, the school district, in asking for dismissal of the federal lawsuit, claimed the teacher was the only one who knew about the previous assaults on other students.

In court papers filed Tuesday, lawyers for the district and its employees said only one teacher -- an independent contractor employed by Wesley Institute -- knew about reports of previous assaults; therefore, the district should be freed of responsibility.

"There are no allegations that the individual defendants, excepting defendant Esther Haguel, were personally involved in any of the alleged conduct," lawyer Anthony Sanchez wrote, adding that the student who sued failed to show "she was injured by a known but uncorrected custom of reckless indifference to her constitutional rights."

The lawsuit claims the girl told teacher Esther Haguel, now known as Esther VonWaldow, that the boy assaulted her on two previous occasions. Both the girl and her alleged attacker were in special-education classes.

Five girls were attacked by the boy, the lawsuit claims, and at least three of them reported the incidents to school officials before the February attack. The lawsuit states that the boy was placed on three days' in-school suspension after two girls reported inappropriate behavior where he was required him to write notes of apology to them while serving the in-school suspension.

She and her parents contend that Ms. Haguel engaged the victims in discussions about the assaults -- trying to alter their understanding of them -- making Jane Doe feel "very uncomfortable."

The lawsuit accuses the district and staff of failing to contact police after each report of sexual assault, as is required by law.

July 3 - The Pittsburgh Gazette interviewed a 16-year-old girl who was also victimized by the boy. She said she asked school officials to notify police more than a month before at least three of her classmates were raped in a stairwell and hallway at school. That was in December. She notified her emotional support teacher at the school, Esther Haguel, that the boy had been aggressively pushing her up against the wall and fondling her nearly every day since late October.

After talking to Ms. Haguel, she told her parents, and Ms. Haguel took her to talk to the school's assistant principals, Jace Palmer and Louis Angelo. He was given the in-house suspension.

Whats vague about...?

What the hell is "vague" about a law that requires teachers, like doctors, health care and emergency room personnel, social workers and others to report to police when they suspect child abuse?

August 22, 2008 - Headline: Reporting school child abuse: Vague law may cost principal

Rosamond Elementary School Principal Shelley A. Nordick may have become a pawn in a feud between the Salt Lake County Sheriff's Office and the Jordan School District over the district's child abuse reporting policy. Nordick, 46, was recently charged with a class B misdemeanor for allegedly failing to report the actions of Rosamond teacher Frank Laine Hall - who was arrested in March 2007 and later convicted of sexually abusing 11 of his first-grade students. .

But Lt. Rod Norton told The Salt Lake Tribune the Sheriff's Office has no "personal interest" in prosecuting Nordick. He simply wants to know if the district policy, which does not conform with state law, needs fixing.

The state statute flatly requires anyone who suspects child abuse to report it. But while the school district's policy says a school employee who "knows or reasonably suspects" child abuse has occurred must report it to police, it also gives teachers leeway to conduct their own investigations.

"To support the suspicion of abuse and neglect, professional school employees may gather information by interviewing the child," the policy states. Teachers say this caveat allows them to separate actual abuse from numerous false alarms.

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TT - Read the thing, then consider the facts. Two reports were made against the teacher in 2006 and 2007. Elementary School Principal Shelley A. Nordick said in response to the first complaint she observed the class without the teacher's knowledge and interviewed students and concluded she did not need to notify police in 2006.

A year later, two more parents complained and Frank Laine Hall was arrested in March 2007 and later convicted of sexually abusing 11 of his first-grade students. He was sentenced to fifteen years to life. The children were 6 to 7 years old.

Entry for Shelley A. Nordick
Entry for Frank Laine Hall
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NOTE: Even the news article has a box at the bottom that says, "Jordan School District's reporting policy differs from state law; Rosamond Elementary School Principal Shelley A. Nordick is being prosecuted for failing to report child sex abuse by a teacher.

* State law flatly requires anyone who suspects child abuse to report it.

* District policy gives teachers the leeway to conduct their own investigations "to support the suspicion of abuse and neglect . . ."

What is vague about the state law, then? Absolutely nothing. What the problem is is that school district think they are exempt from obeying the law.

This school principal was not a trained investigator, which is why all criminal accusations should be referred to the police. The police know the law, rules of evidence and are impartial.

The real reason schools don't call in police is because schools have a vested interested in avoiding a criminal complaint. For decades what schools across the country did was shift the accused from one school to another or to another school district. The practice was called "Passing the Trash" and the mandatory reporting laws were meant to stop this practice. School districts know they potentially become legally liable when a teacher abuses children. They also face bad publicity and parental anger.

Parents should be angry. And they should insist that their school district has a policy that encourages teachers to follow the law. We're talking about children!

This isn't a "feud." It is an attempt by police to pressure the district to conform to state law. That's the job of the police - to uphold the law. No one should be immune even with the backing of newspapers.

Urbana, ILLINOIS

Charges filed against three district officials who failed to report suspected child abuse.

August 7, 2008 - Criminal charges have been filed against former superintendent Gene Amberg, former human resources director Carmelita Thomas and former Thomas Paine Elementary School principal Janis Bradley.

These charges allege that the two top administrators and the school principal were aware or should have been aware of child abuse or neglect occurring in Thomas Paine Elementary School.

The state's attorney says all three former Urbana school district employees were mandated reporters and required by law to report suspected child abuse or neglect to the Department of Child and Family Services.

All three district officials are now retired. All face up to a year in prison. They are eligible for probation. Failure to report is a Class A misdemeanor.

They are scheduled to appear in court August 22.
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BACKGROUND Jon White was found guilty of sexually abusing eight little girls at Thomas Paine Elementary School earlier this year. He was sentenced to 60 years in prison for abusing children in two counties.
TT entry for White.

Mandatory reporting is an inside joke. Not only is failure to report a misdemeanor but it doesn't result in revocation of a teacher's or administrator's license. The intent of Mandatory Reporting laws adopted in every state was to to require teachers, administrators, school personnel as well as other professionals - doctors, dentists, health care and mental health workers and others who have contact with children - to report their suspicions to the police or child welfare agencies. There is ABSOLUTELY NO LIABILITY should the report be in error. See previous entry.

We recently came across a 2005 paper by Daniel C. Swinton, "Criminal Liability, Failure to Report Child Abuse, and School Personnel: An Examination of History, Policy and Caselaw." that concludes that "the criminal liability affixed to mandatory reporting statutes for school personnel is hardly more than window dressing, or a vague, unrealized threat." He also notes that teachers have consistently reported a lower percentage of cases than other professionals.

You can be sure that if a doctor failed to report sexual or physical abuse of a child that later suffered other injuries, he would be liable to a malpractice lawsuit and a threat to his license, not to mention lawsuit by the parents. However, teachers and school officials have no such enforcement mechanisms and no professional penalties.

Eight children were needlessly abused because school officials ignored their legal, not to mention, human, responsibilities. The children and their families spent a year anticipating an ugly trial before White pleaded guilty.

At his sentencing, his lawyer presented 30 letters of support for his client, one from a fellow Thomas Paine teacher.

Alexandria, VIRGINIA

Another one of those mandated-reporters-who-don't story.
Slap on wrist fine of $500 for admitted failure to report sexual abuse of a 5-year-old girl.

June 18, 2008 - Abdalla Al-Shabnan, the director of the Islamic Saudi Academy, a private school in Alexandria, VA, that is funded by the Saudi government, was arrested for failing to report an allegation of child abuse.

Police say that Al-Shabnan, didn't believe a five-year-old girl when the student told him her father was sexually abusing her.

According to court papers, Abdalla Al Shabnan did not report the incident, instead he allegedly told told the girl's parents to seek counseling for her.

Washington Post (June 17) Shabnan was also charged with obstruction of justice.
Police said in court papers that Al-Shabnan ordered a written report about the girl's complaint, which had been prepared by other school officials, to be deleted from a school computer.
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No information on how the police did find out about the girl or what happened to her.

GUILTY PLEA & FINE July 31 - Al-Shabnan admitted that he failed to inform authorities about suspected sexual abuse of a 5-year-old girl suspected child abuse. He was fined $500. As part of a plea bargain, prosecutors dropped an obstruction of justice charge, which could have carried up to a year in jail. A trial had been scheduled for Aug. 1.

Police also said in court papers that the Al-Shabnan, 52, had a report of the girl's complaint deleted from a school computer.

Oxford, MICHIGAN

"It is one of the more disgusting cases we have seen in some time," said Oakland County Sheriff Michael Bouchard. "Not only do we have a convicted sex offender plying his trade but it appears to be against a school girl with the indifference of a school employee. She should have raised some kind of alarm."

July 2, 2008 - A 64-year-old convicted sex offender and his wife are both expected to face charges Thursday in the sexual assault of a 16-year-old girl who was allegedly paid money to test and rate sexual devices for the man.

The teenager, who attends Oxford schools, was introduced to the man by his wife, who is an Oxford High School teacher, in 2006 when the alleged victim was a freshman at the school, according to investigators. The wife invited her to do household chores for pay. Because of her status as a teacher, the wife is expected to be charged with failure to report child sexual abuse.

The man was sentenced to probation in 2002 for a similar offense in 2001 involving his 14-year-old foster daughter. He was initially convicted of first-degree criminal sexual conduct following an Oakland Circuit Court jury trial but the verdict was dismissed on appeal. He subsequently pleaded no contest to a lesser charge of second-degree criminal sexual conduct, was sentenced to one year in jail (with time already served) and placed on two years probation that expired in 2004.

In the recent case, the teenager has told investigators she was invited over to the house on June 26 and while they watched a movie together he sexually assaulted her. She fled the house and drove home. She later called authorities and reported the incident.

The girl has also reported the man paid her money to test sexual arousal devices and submit a report, including ranking of the items and her experience.

The names are not being released until they are arraigned on Thursday.

Mandatory Reporting - Buffalo, NY

TOP STORY OF THE DAY

June 27, 2008 - Erie District Attorney Frank J. Clark strongly criticized the principal of a school for not reporting an allegation that a 4-year-old autistic boy had been fondled by a teacher's aide.

Clark said that there was insufficient evidence to charge the principal, but he recommended that the school district consider action against Principal Carmela Botticello.

In addition, Clark urged school officials to adopt a policy directing staff to automatically report allegations of child abuse to police and child protection officials without making “a credibility assessment of the validity of the allegation.

His full report examines the case in detail. His report can be found here. PDF
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BACKGROUND
On November 14, 2007 special education teacher Charlene Harris witnessed a teacher's aide, John Colazzi, 60, touch the penis of a 4-year-old autistic boy in the school lavatory. Harris immediately reported it to Principal Carmela Botticello. (As required by district policy.)

Botticello notified the superintendent. The superintendent advised Botticello to investigate and then call Joy Trotter, the Director of Human Resources. The superintendent did not advise Botticello to call the child abuse hotline.1

The principal obtained statements from the teacher, the accused aide and another aide and faxed them on Nov 15 to Joy Trotter, the Director of Human Resources. (The Human Resources Director is not a mandated reporter because she was not a "school administrator" was a finding of the report. pg 15)

The Principal also faxed a memorandum to Trotter in which Botticello claimed the teacher was "not truly sure of what she saw" and "seemed confused" about how to explain her observations."(pg 2) 2

The Human Resources Director eventually decided there was insufficent evidence and returned the aide to the classroom. 3

CHRONOLOGY
Nov 13 - Teacher reports incident to school principal.
Nov 15 - Principal faxes report to Human Resources Director and expresses doubt.
Nov 15 - Colazzi assigned to a third grade classroom.
Nov 15 - Nov 26 - No investigation. (p 2) No report to child abuse hotline.
Date not given - Human Resources Director concluded there was insufficient evidence.

Nov 26 - The teacher protested that the aide was returned to the classroom.
Nov 28 - The aide again returned to the classroom Nov 28. (no toileting duty)
Nov 28 - The teacher mailed a letter via Restricted Mail to the district superintendent.
Nov 30 - Teacher revises statement to clarify what she saw.
Nov 30 - Human Resource director, at teacher's request, schedules meeting for Dec 19.
No one has notified the child abuse hotline. No one has notified the parents.

Dec 8 - Teacher calls child abuse hotline for advice. Does not ask for law enforcement referral.
Dec 19 - Teacher meets with Human Resources director, school attorney and teacher union representative present. Agreement to keep the case open and that further investigation was warranted.
No further investigation was conducted. No one notified the child abuse hotline. No one notified the parents.

Dec 20 - Teacher sent e-mails to Human Resources Director.
Dec 21 - Teacher sends another e-mail to Human Resources Director.
Jan 20 - BTF (Buffalo Teachers Federation) communicated "threats" by a teacher to go to the media if something wasn't done soon.
Feb 5 - Teacher sends e-mail to Human Resources Director asking about the status of the case and concern that parents have not been notified.
Feb 13 - Teacher sends another e-mail to Human Resources Director asking same thing.
No further investigation conducted.

Feb 25 - Teacher contacts child abuse hotline to request law enforcement referral.
Mar 5 - Police contact Human Resource Director. She told police that she had been contacted by the school principal several times because the teacher was threatening to tell the parents.
Mar 6 - School principal contacts parents. Parents demand aide is removed. Teacher hears that aide wants to "blow her head off" and leaves early.
Mar 11 - Aide told he was on administrative leave effective March 31.

May 28 - Teacher's aide John Colazzi, 60, was arrested and was indicted.

MAJOR FINDING of the REPORT
What the District Attorney concluded was that the legislature determined that such investigations NOT be conducted by the school but by the "arms-length" character of law enforcement to promote the objectivity of such an investigation. (pg 11)

The investigation "must not be undertaken by school personnel, but must be the responsibility of law enforcement agencies who are trained and qualified to conduct them." (pg 11)
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THE POINT: The intent of Mandatory Reporting laws is to remove the investigation from the school. And the abuse to be reported was by "persons of trust." Clearly stated by the Erie County District Attorney on pg 10.

This law was enacted on June 1, 2001, to combat the persistent problem of abuse by persons of trust and to create a standardized statewide policy for the reporting, investigation and identification of this form of child abuse.

WHAT WE FOUND
What we have found is that this is how school districts and schools investigate themselves. When it involves teacher-student sex, a lengthy in-house investigation alerts the teacher and the student so incriminating evidence like letters or e-mails or cell phone images can be erased. It gives them time to concoct a joint defense. Sadly, a lengthy investigation also allows the time for school officials to intimidate the student and teachers and other students who do contact the administration.

In cases of physical abuse, the self-investigation intimidates parents into not pursuing the matter. A declaration of "insufficient evidence" to a parent from a school they trust, is usually accepted. When it is not, it's sure-fire notice that the school won't pursue the matter, anyway.

Shifting the investigation to a Human Resources Director helps direct the case to where it can languish. More importantly, it tells the teacher that her continued happy employment may be in jeopardy. She might not be fired, but she can be transferred to somewhere unpleasant.
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FOOTNOTES
1 Report states: "Notably, on October 17, 2007, Social Services Law S413 was amended to require a mandated reporter to first made a report to the State Central Registry and and then then [underlining his] immediately notify the person in charge of the school or his or her "designated agent. Prior to this amendment to the law, the mandated reporting laws were satisfied by the mandated reporter immediately notifying his or her supervisor, who would then make the report to the state Register.

2 School Board policy called for the Principal to complete a form to document the allegation. The form requires the principal to check off whether there is "reasonable suspicion" that the abuse occurred. She did not file the form. The policy then required her to notify the Security Services of the allegations. She did not. (Security Services would then have notified the Buffalo Police Department.) (pg 13) --- The principal refused to be interviewed by prosecutors.

3 Ironically, Joy Trotter, the Director of Human Resources, was fired for mishandling the investigation.
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PREVIOUS COVERAGE
Previous TT entries on this case. Entry Entry

Not mentioned by the Erie County District Attorney is the fact that the Buffalo Public School District policy of mandatory reporters reporting to their supervisors is in contradiction to law.

From the New York State Central Register (SCR) of Child Abuse and Maltreatment Summary Guide for MANDATED REPORTERS in New York State Pub. 1159

As soon as you suspect abuse or maltreatment, you must report your concerns by telephone to the SCR. The SCR is open 24 hours a day, seven days a week, to receive your call.

Notice that the Central Register list says "school official" but does not include teacher. But the law referenced - Child Protective Services 413 - specifically states "teacher."

school official, which includes but is not limited to school teacher, school guidance counselor, school psychologist, school social worker, school nurse, school administrator or other school personnel required to hold a teaching or administrative license or certificate;

THE QUESTION REMAINS
If mandatory reporters in all other professions and fields are required to notify the Central Register of abuse, why is the school district given a pass to create their own reporting scheme?

Mandatory Reporting

Good point.

June 25, 2008 - Jill Stanek at WorldNet Daily on "What media ignore about teen pregnancy pact" makes the point that Principal Joseph Sullivan, the supposed source of the quote in Time magazine article, didn't inform the Massachusetts Department of Social Services of a case of suspected sex abuse.

Sullivan was mandated to report the pregnancies of any of his 17 students under age 16, since pregnancy is evidence a crime may have been committed. The school nurse who distributed 150 pregnancy tests since the beginning of the school year, is also a mandated reporter. A request for a pregnancy test by a girl under 16 is demonstration she may be the victim of sexual abuse.
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TT - entry on the Pregnancy Pact that might not have been.

Gloucester, MASSACHUSETTS

Remember that "Pregnancy Pact" by girls in Gloucester, Massachusetts, first reported in Time magazine? It's looking more and more like it wasn't.

June 23, 2008 - From the New York Times:

Doubt was also expressed by the local newspaper that had been covering the surge in pregnancies long before Time. Patrick Anderson, the lead reporter on the story for The Gloucester Daily Times, told Editor & Publisher that “the idea of the pact is not something we had reported and not something we have found.” The new element, he said, “took an already unusual story and turned it into something operatic.”

Time magazine updated their original story.(Also from New York Times article.)

Update, 6:15 p.m. Time magazine’s reporter, Kathleen Kingsbury, published an update to her story today. She includes the original quotes from the principal, who unequivocally said, “They made a pact to get pregnant and raise their babies together.” And she concludes with this thought:
So did the girls make a formal pact to get pregnant together or not? Without comment from any of the pregnant students themselves, it may be impossible to determine exactly what they agreed to, and when. So far, the only school official to use the word “pact” is Sullivan, who reportedly now says he does not recall who told him about the pact in the first place. But what does seem clear based on TIME’s reporting is that some of the girls in question did at least discuss the idea of getting pregnant at the same time, and that too little was done to educate the girls on the potential ramifications of that choice.

--------
TT - The original Time magazine story was less about a so-called "pregnancy pact" than about access to birth control.

But by May, after nurse practitioner Kim Daly had administered some 150 pregnancy tests at Gloucester High's student clinic, she and the clinic's medical director, Dr. Brian Orr, a local pediatrician, began to advocate prescribing contraceptives regardless of parental consent, a practice at about 15 public high schools in Massachusetts.

The Time article said, "but the notion of a school handing out birth control pills has met with hostility." Says Mayor Carolyn Kirk: "Dr. Orr and Ms. Daly have no right to decide this for our children." The pair resigned "in protest" on May 30. The "controversy" divided "this fiercely Catholic enclave."

TT - The pregnancy tests were, apparently, given repeatedly to the same seven or eight girls.

June 25 - Jill Stanek at WorldNet Daily makes the point that that Principal Joseph Sullivan, the supposed source of the quote in Time magazine article, didn't inform the Massachusetts Department of Social Services of a case of suspected sex abuse. And the nurse didn't either.

Greenwood, ARKANSAS

Another Mandated-Reporters-who-don't story.
What is difficult about the word "m-a-n-d-a-t-o-r-y"?

June 5, 2008 - A 15-year-old girl told a school counselor that a 25-year-old army recruiter she was babysitting for allegedly rubbed her back and then proceeded to rub her buttocks.

Jeremy Derkovitz, 36, a Greenwood High School counselor, turned himself in on a misdemeanor charge of failure to report child abuse. Derkovitz reportedly told investigators he thought the victim's parents had already reported the incident. Plus, he did not feel that the child was in any danger.

"There are certain school districts in this area that are not getting the message that we're taking this issue very seriously."

The girl and her parents reported the harassment to police.

Times-Record (June 6) was more informed.

Derkovitz, as a school counselor, is a mandated reporter required to report suspected child abuse or neglect, according to state statute.

The teenage girl reported the allegation about [Sgt. Joseph A. Monday, 24] to Derkovitz at Greenwood High School on April 15.

When the girl told Derkovitz, he asked her what she wanted to do about it, according to a police report. She told him that she didn’t know what she wanted to do, but that she didn’t want to make a big deal of it, according to Derkovitz’s statement to police.

Derkovitz told the girl that if she wanted to report it to a principal and continue on, she would need to see another counselor at the high school because he was more friendly with Monday than with other recruiters and he didn’t want there to be a conflict of interest, according to court documents.

TT - If a child can't trust a teacher and school counselor, who can they trust?

Arkansas has just adopted a new teacher Code of Conduct, but not without opposition. Entry The code was developed by the newly-established (in 2007) Professional Licensure Standards Board Entry

Fort Meyer, FLORIDA

It's hard to tell who to have more contempt for, the teacher or the district spokesman.

June 17, 2008 - Eric Zuspann, a North Fort Myers High School teacher, has been charged with not reporting child abuse after a 14-year-old student told him in mid-May she was being sexually assaulted by a 32-year-old man.

The girl and a friend told Zuspann about the abuse and he explained to the students that he had to report the abuse, but "the child was able to convince Zuspann not to ... report the sexual abuse allegations," the sheriff's report says.

According to a Lee County sheriff's report, Zuspann, did not notify the Florida Department of Children and Families (DCF) as required by mandatory reporting laws. Nor did he notify school administrators. That report also shows that once DCF did learn of the abuse May 20, it failed to notify law enforcement.

What the Department of Children and Families did was to ask Ruben Dario Deleon, 32, to leave the house. He returned two days later and shot and killed his wife, Jeannette Deleon, 35, in front of the 14-year-old, sheriff's reports say. He then pistol-whipped the girl, fracturing her skull and breaking her fingers.

Shockingly, Lee County School District spokesman Joe Donzelli had this to say.

Yet while noting that teachers are legally bound to report abuse, Donzelli said, "there are two schools of thought about it. Some people may look into it on their own before they say anything, because once you ring the bell, you can't unring it and if you make that call to DCF, you could adversely affect someone's life.

"Others think you should just pick up the phone, call DCF and let them sort through it - let the chips fall where they may," Donzelli said.

----------------------------
TT - What an idiotic statement! Whose life is more important? The child or the adult who has the protection of law because he can be exonerated?

Teachers DO NOT have the option of investigating the matter on their own. The law is clear. It is the legal obligation of mandatory reporters -- that includes doctors, health care workers, nurses, social workers, mental health workers, hospital personnel engaged in the admission, examination, care, or treatment of persons, law enforcement officers, Judges, or teachers -- to report "knowledge or suspicion" to the department. 2007->Ch0039->Section%20201#0039.201">39.201

Doctors or nurses don't have the option of "looking into it on their own" before saying anything when they know of or suspect child abuse. A police officer isn't given the choice of holding off while they think about whether to act.

Department of Children and Families (DCF) is required by the same law to notify the appropriate county sheriff's office by the central abuse hotline, and send a written report to the appropriate county sheriff's office within 48 hours after the initial report to the central abuse hotline. (subsection 3)

The mandatory reporter is immune from any civil or criminal liability which might otherwise result by reason of such action. 2007->Ch0039->Section%20203#0039.203">39.203

The penalty for failing to protect this girl? Failure to report is a Misdemeanor in the first degree. punishable less than one year or by a $1,000 fine 2007->Ch0039->Section%20205#0039.205">39.205

She could have been killed and the teacher would still get the same slap on the wrist.

OUR POINT - The self-denying culture of many teachers and administrators that dictates they automatically label children as liars when they accuse other teachers also serves to prevent reporting when a child cries out for help. A child who had been sexually abused since she was 9.

When a district spokesman is unclear on what are the requirements of mandatory reporting laws -- "mandatory" being the operating word there -- what the hell kind of people are they to have charge of children?

Mandatory Reporting

Earlier this year, Jon White, an elementary school teacher in Illinois, was sentenced to a total of 60 years in prison for the sexual games he played with girls at two different schools.

June 15, 2008 - The News-Gazette reporter Amy F. Reiter followed up on "The arrest – and what has happened since"

The story is part of a Special Section where the reporter has tracked the case. It's shows how two parents could be completely ignored and only the persistence of one mother talking to another teacher at a party made the difference. The woman she talked to at that party was the wife of a police officer. The next day, Jon White was being investigated.

See Experts: overly cautious about suspicions

How Urbana and McLean Unit 5 school districts dealt with Jon White is not unique.

There tend to be patterns in how schools respond to suspicions of child sexual abuse, said Charol Shakeshaft, a Virginia Commonwealth University educational leadership professor and author of a 2004 U.S. Department of Education paper on educator sexual misconduct.

Administrators might move a staff member to another school, "thinking, well, they don't know if the allegations are true," said Shakeshaft, who is not familiar with the White case.

Or, she said, if they believe suspicions might be true, "They say to the person, 'If you resign, we won't say anything. Just move on.'"

Or they might fire the person but let him or her keep a teaching certificate. "Therefore, the person can go on to another job," she said.

Even without the teaching certificate, she said, teachers may be able to work at a private school or by getting certified in another state.

By following mandated reporting laws, child sexual predators may be stopped from working in schools permanently.

No charges have been filed against any school district employees.

See Mandated Reporting Q&A at the story.

TT entry for White.
TT entry for legislation

Seattle, WASHINGTON

Mandatory reporters who don't report child sex abuse.

June 8, 2008 - Seattle Public Schools this school year began requiring employees who work with children or supervise those who do to attend training on recognizing and reporting abuse.

Employees are still encouraged to report abuse to school or district administrators, but the policy now emphasizes that they have an independent obligation to notify police or Child Protective Services.

Adoption of the new training isn't due to the Broadview-Thomson case nor the Rainier Beach case, the school district says. And two principals involved in the Broadview-Thomson case won't face any formal discipline, but in the future, the district will investigate any employees who fail to report.

Prosecutors don't promise any such thing.
Ian Goodhew is the deputy chief of staff for the King County Prosecutor's Office.

Though prosecutors could make a case against school officials for not following the letter of the law, it's usually not in their best interests to do so, Goodhew said.

Their best witnesses will be the person to whom the report was made, and calling that witness's professionalism or judgment into question by prosecuting him or her for failing to report in a timely manner could compromise the case against the abuser.

-------------------------
TT - That doesn't explain at all why those who fail to report aren't prosecuted after the abuser is convicted.

We worry that there is an inherent conflict of interest in prosecuting educators who don't report because successful prosecution leaves the district liable to lawsuits for the wrongdoing.
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Those who do report suffer.

The mother of one of Hill's victims, for example, caught him touching her daughter inappropriately and reported it -- then faced harassment from many in the school community.

TT - So do teachers who report.
We suspect that is one of the major reasons teachers or administrators don't report sexual abuse of students by educators or by others, including abuse by other students. The other factor? Unions who supply accused teachers with free attorneys. In a union "them vs. us" mentality, you choose your sides.

Guess who loses?

Buffalo, NEW YORK

School officials failed to inform law enforcement officials or the boy's parents until more than three four months after a teacher witnessed the abuse and reported it.

May 28, 2008 - John Colazzi, 60, a teacher's aide at Discovery School, Public School # 67, was indicted on charges of sexual abuse in the first degree and endangering the welfare of a child for fondling a four year-old autistic boy in the bathroom in November 2007.

The boy is unable to testify about the incident, but a teacher who witnessed the abuse reported it to the principal shortly after the incident occurred. School officials failed to inform law enforcement officials or the boy's parents until more than three months later.

HUMAN RESOURCES DIRECTOR FIRED Joy Trotter, the human resources director who initially ruled the allegation "unfounded," was dismissed by Superintendent James A. Williams for mishandling the investigation.

CERTIFIED LETTER The teacher who witnessed the abuse sent a certified letter outlining her allegations to school superintendent James Williams. The superintendent admitted signing for the letter, but said he passed it on to a staff member without reading it.

The district attorneys office is preparing a report on where school officials "failed to respond properly" to the teacher's allegations. (Update: June 27, 2008 entry on Final report)

NOTABLE QUOTES
Buffalo Teachers Federation President Phil Rumore said, "[The teacher] was also told not to contact the parents, that she'd be insubordinate if she contacted the parents. She was told that by the principal, according to the teacher."
----------------
Buffalo School Board Member Ralph Hernandez, who asked the State ethics Committee to examine why this case was not turned over to District Attorney Frank Clark until March, says the scary part is this case could have been swept under the rug. "We don't know where the verdict will go, but if they must have some evidence. I think we did the right thing here, and hopefully it will be behind us."
----------------
UPDATE June 27, 2008 entry on Final report)

Riverton, UTAH

Mandatory reporter charged for failure to report child sex abuse.

June 4, 2008 - Shelley Nordick, 46, Rosamond Elementary School principal, was charged with failing to report child sexual abuse in connection with a teacher convicted of molesting students at her school.

The abuse was perpetrated by teacher Frank Laine Hall, who last year admitted to molesting 11 of his first-grade students and was sentenced to 15 years to life in prison.

Failure to report child abuse is a class B misdemeanor, punishable by up to six months in jail. Nordick, 46, is scheduled for arraignment in Riverton's Justice Court on June 17 before Judge Gregory Bown. Hall committed his crimes between July 2005 and March 2007, according to 3rd District Court documents.

Deseret News (June 4): Principal in teacher abuse case charged
The date of Nordick's non-reporting was listed in court documents as "March 13, 2008." Hall was arrested by police near his house on March 15, 2007.
Nordick will be arraigned June 17.
-------------------
TT Entry for Frank Laine Hall.

From Susan K. Smith's website on Mandatory Reporting:

All states require certain professionals and institutions to report suspected child abuse, including health care providers and facilities of all types, mental health care providers of all types, teachers and other school personnel, social workers, day care providers and law enforcement personnel. Many states require film developers to report.

There are links to reporting laws in every state.

We recently came across a 2005 paper by Daniel C. Swinton, "Criminal Liability, Failure to Report Child Abuse, and School Personnel:An Examination of History, Policy and Caselaw" that concludes that "the criminal liability affixed to mandatory reporting statutes for school personnel is hardly more than window dressing, or a vague, unrealized threat."

He also notes that teachers have consistently reported a lower percentage of cases than other professionals.
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MORE THAN ONE COMPLAINT June 5 - Nordick received complaints reports about Hall's behavior in August 2006 and again in March 2007. Hall was not removed from the classroom until seven months after the first complaint.

NOT GUILTY PLEA June 15 - Nordick was scheduled to have an arraignment Tuesday in Riverton Justice Court. Instead, she and her attorney, Blake Ostler, have submitted a not guilty plea in writing to the court. A pre-trial hearing is scheduled for July 15.

COURT APPEARANCE July 15 - Nordick appeared in court and pleaded not guilty.

Also in attendance at the hearing were numerous teachers at Rosamond Elementary who believe Nordick is being unfairly targeted."We are all angry that the city is bringing these charges," said Jennifer Brown, a kindergarten teacher at Rosamond.

"She is a remarkable principal," added Christine Mackerell, a 3rd grade teacher at Rosamond.

Officials say that Nordick got wind of sex abuse allegations involving Mr. Hall at some point, and preliminarily investigated the reports by talking to various people and observing the teacher's behavior -- but she did not contact authorities.

After Tuesday's hearing, Ms. Nordick left the courthouse through a side door -- where she appeared visibly upset and frightened.

The Salt Lake Tribune (July 17) Riverton principal denies not reporting teacher's sexual abuse of students
Subhead: Teachers, parents angry city is making case against her, call it 'witch hunt'

TT - No attempt by these newspapers to educate the public, parents, or students about mandatory reporting laws.

TRIAL SCHEDULED September 1 - Nordick's trial is scheduled for November 20. This, reported by The Salt Lake Tribune, the story beginning in this fashion:

Rosamond Elementary School Principal Shelley A. Nordick - who some say is a pawn in a feud between the Salt Lake County Sheriff's Office and the Jordan School District over the district's child-abuse reporting policy - will take her case to a jury.

TT - Who the "some say" who think it's a feud? Oh, wait, it's The Salt Lake Tribune. See What the hell is vague about ... (TT Link)

Trenton, NEW JERSEY

Teacher AND principal arrested.
School officials reported that the victim injured himself during a fall.
(How many elementary schools do you know of with head football coaches? And whose brother is...)

May 10, 2008 - Ralphiel Mack, 35, a teacher (listed as a social worker) and head football coach at Jefferson Elementary School, was arrested and charged with aggravated assault and endangering the welfare of a child in connection with an April 28 incident that police only learned about nine days later.

The principal, Harriet Green- Richardson, was charged with hindering apprehension and tampering with a witness.

Police got an anonymous tip a day after the incident and sent a police officer to the school, but the principal told him that no one had called police. It wasn't until the father went to the police station on May 7 to report that Mack had "slammed" his son to the floor, causing a fracture to his left wrist that police started investigating.

When detectives returned to the school and interviewed witnesses and faculty members, they found evidence that school officials were trying to conceal the incident, and that the student was indeed assaulted by Mack, Police spokesman Sgt. Pedro Medina said. Police are continuing their investigation of the school to see if any other incidents went unreported.

Also see TCHS football coach charged with breaking kid’s wrist and principal with covering it up
Both are on administrative leave with pay "until further notice."

On Jefferson's website, Mack is listed as a social worker and public records show he made about $46,700 last school year with seven years experience as a teacher. [Their source.]

Mack's brother, Tony Mack, is a Mercer County freeholder. [see below]
-------------
WE FOUND In addition to being a Mercer County freeholder (elected, part-time legislator) Tony Mack was a committeeman for the city of Trenton from 1992 - 1996.

At the Mercer County web site, Mack lists his occupation as Special Investigator for the New Jersey Department of Education.

Denver, COLORADO

May 9, 2008 - A judge ruled Friday that there was was no evidence that the principal of Skinner Middle School in northwest Denver acted willfully or wantonly to thwart the mandatory reporting law.

Lynn Kimbrough, spokeswoman for the Denver District Attorney's office, said prosecutors would review the ruling and decide within 30 days whether to appeal.

"We were surprised and concerned with the court's ruling," Kimbrough said.

She also said the [Denver Public Schools] DPS policy fails to include mandatory reporting for misdemeanor allegations of sexual assault and that DPS policy does not comply with state law.

"The court's finding of immunity in this case would suggest that DPS policy, even if it's not in compliance with state law, trumps state law," Kimbrough said. "We're going to continue to work as closely as we can with DPS to ensure that the policy follows state law and that it includes unlawful sexual contact so that this doesn't happen in the future."

Police want school officials to err on the side of reporting questionable cases and allow officers to decide whether to file criminal charges.

Vetz ruling PDF
-----------------------------
TT - That police want school officials to err on the side of reporting questionable cases and allow officers to decide whether to file criminal charges is reasonable. At no time did the school district or the principal contact police. The police were notified by the victim's parents. (From ruling.)

The Denver Public School (DPS) Title IX Compliance Officer testified that after reviewing the statements taken by and sent to him by the school principal, he would have reported the matter to the police. He also stated that DPS rules are "ambiguous as to the difference between sexual assault and sexual harassment." (See ruling.)

Police charged the principal for failure to report as required by Colo Rev Stat §§ 19-3-301 - a mandatory reporting law. The judge made her ruling under Colorado's Safe Schools Laws §§ 22.32.109 (1) (a) C.S.R. (2007) in order to grant immunity to mandated reporting law requirements and consequences.

In other words, the judge interpreted the immunity provision of the Safe Schools Act to confer immunity upon a mandated reporter who didn't report. If allowed to stand, it means no mandatory reporter in Denver Public Schools has to report abuse of a student if they just demonstrate to a friendly judge they acted in "good faith" and followed school procedure and rules. Even inadequate and poorly written rules.

Effectively, the ruling will invalidate a law approved by the legislature for the protection of vulnerable and at-risk populations. The clear legislative intent of mandatory reporting laws adopted in every state was to insist on reporting in order to ensure that a high-risk and vulnerable population - children, the elderly, the defenseless - were protected by those most likely to be a witness to, or in a position to know of, evidence of abuse. (Great Mandatory Reporting site.)

Such laws didn't ask doctors or teachers to define abuse or have specific knowledge of abuse laws but required them to report suspected abuse so that police could then investigate to determine whether laws were violated.

It's only the arrogance of educrats that makes them think they can interpret the law any way they like, It is the reason why schools who conduct their own investigations never, ever seem to find sufficient evidence when investigating teacher misconduct. That could be due to the lack of knowledge of the law and rules of evidence. Equally, it could be because they deliberately choose to ignore the law because no one holds them accountable.

Most get away with ignoring the law. Few educators have been prosecuted for failing to report teacher misconduct even when police manage to find clear and compelling evidence long after a school or district investigation has cleared a teacher (but allowed the teacher to resign.)

REPORTING LAWS should serve to protect students from educators and other students.
Two boys in Columbus, Ohio, forced a developmentally disabled girl to perform oral sex on them in the school auditorium. School principal Regina Crenshaw not only didn't report the sexual abuse to the police, she discouraged the father from calling police. She was prosecuted for not reporting. A jury found her not guilty. The school district fired her, but it took them hundreds of thousands of dollars and three years to do so.

The media reported the sexual abuse outrage with blanket coverage. Few bothered to inform the public of Crenshaw's responsibilities and her actions and inactions. Fewer still followed the trial or attempted to educate the public on reporting requirements. An O.J. jury disbelieved the facts. Entry

There's a great deal of difference between sexual abuse and sexual harassment and any educator who can't differentiate between the two should not be around children. The story in Colorado and the case ruling are annoying vague about what actually happened to the student at the hands of the two boys, but if the police think sexual abuse occurred, failure to report by claiming ignorance of the difference should not be acceptable.

If it is acceptable, what would prevent educators from absolving anyone of crimes merely by defining the law to suit their convenience? What would prevent them from doing so in order to uphold a school image or keep a career untarnished?

What would prevent an educator or an administrator from protecting a friend and colleague from scrutiny or shielding a favored child over a less-favored one? Where is the equal protection of the law?

The Colorado Department of Education site clearly states,: "NOTE: You, as the individual who suspects the abuse, are legally responsible for making certain that the report is made to the designated agencies immediately. This legal responsibility is not satisfied by merely reporting your suspicion to other school personnel. "

When school district procedures and rules that don't clearly define "sexual assault" and leave interpretation of law up to school officials who have no law enforcement training or standing, and it results in depriving children of the full benefit and protection of the law, what recourse do parents have?

For one, parents can remember Denver County Court Judge Doris E. Burd's name and remember who recommended she be retained in November 2007.

(Pictured 2nd Judicial District Denver County judge Doris Burd.)