Ed Law Briefly: Is a Principal at Fault for Failing to Report Alleged Student Abuse?

RCEd Commentary

Background: In Indiana, G.G., a high school student at Muncie Central High School (MCHS) and a ward of the Indiana Department of Child Services (IDCS). She resided at the Youth Opportunity Center (YOC), which served as her custodial parent and provided G.G. with her room, board and general care.

On November 9, 2010, another student brought G.G. to MCHS Assistant Principal Kathy McCord's office. While in Assistant Principal McCord's office, G.G. informed her that she had been raped in one of the school bathrooms by a male student, identified, as S.M. Assistant Principal McCord immediately notified the Principal Christopher Smith of G.G's rape allegation.

Later that same afternoon, Principal Smith interviewed the alleged student rapist, S.M. with the high school's athletic director present. S.M. denied the allegations of raping G.G. After the interview, Principal Smith instructed S.M. to return to his classes, where he stayed until school dismissal. At the end of the school day, both the assistant principal and athletic director asked the principal if law enforcement should be contacted and he replied "no." Instead, Principal Smith responded that between three and five sworn police officers at the school already serve as security officers.

Principal Smith asked Assistant Principal McCord to search both G.G.'s and S.M.'s lockers for notes S.M. had said were exchanged between the two students. Assistant Principal McCord enlisted the assistance of Police Officer Mike Edwards in the locker searches, but he was not told of G.G.'s rape allegations. Later that afternoon, Officer Edwards was notified of the rape by his supervisor and went to the hospital to serve as an investigator until one was formally assigned to the case.

S.M. was ultimately interviewed by police and admitted to raping G.G. and was arrested and pleaded guilty. According to court record, at no point did Principal Smith or the district ever contact the Muncie Police Department to officially report the rape allegation. Shortly after S.M.'s arrest, law enforcement began questioning Principal Smith as to why he had not contacted law enforcement. Principal Smith told police he assumed that notifying the YOC and getting G.G. to the hospital would suffice for the notification of law enforcement.

Issue: The high school principal was formally charged with failure to report G.G.'s rape allegation to the state Department of Child Services, a class B misdemeanor under Indiana law. The state's mandatory child abuse reporting statute requires school officials to immediately report alleged instances of child abuse to law enforcement authorities. Principal Smith's major argument was that he had no reason to believe that the rape allegation of a minor student by another minor student at the high school constituted child abuse.

Legal Principles: The primary legal issue at stake in this case is whether an alleged student-on-student rape constitutes child abuse and is subject to the state's mandatory child abuse reporting statute, including all school officials.

Outcome: In a divided 3-2 decision, the Indiana Supreme Court upheld Principal Smith's criminal conviction for violating the state's mandatory reporting of suspected child abuse statute. Specially, the statute states, "an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article." The report must be made "immediately" to:

1. The department of children services; and
2. The local law enforcement agency;

Lessons for Principals and Teachers:

• School officials need to immediately report any and all suspected instances of child abuse to local law enforcement officials.
• School officials should never assume suspected instances of child abuse are reported by another agency. Some state laws say school officials must report instances of alleged child abuse and neglect directly to their local law enforcement agency.
• Districts should develop clear, procedural guidelines and policies for reporting instances of suspected child abuse and neglect.
• All school officials have a legal duty to report, in "good faith," suspected child abuse and neglect.

Indiana Supreme Court:
Smith v. State of Indiana, No. 18S02-1304-CR-297 (Ind., March 27, 2014)

_{Note: This information is not intended as legal advice. Federal and other court decisions can differ depending on what region of the country you live in. State laws also weigh in on certain issues. All cases are for educational purposes only, and meant to demonstrate how courts or administrative agencies have acted in specific instances as well as to provide information that can bolster the overall legal literacy of teachers and administrators. Local school attorneys can provide more detail about local law.}