By Sara Goldsmith Schwartz
Picture this: during an Upper School Assembly at Springtime Academy, a recent alumnus of the school gives a talk and video presentation about his recent adventure on Mount Kilimanjaro. He remains on campus for the day, attending classes and bonding with students. During a conversation after lunch, a couple of tenth graders reveal to the climber that some of their classmates recently engaged in sexual misconduct. The speaker tells the school administration about what he heard, but does not report the misconduct to the state child welfare authorities. Should he have?
Guess what the lawyers say? “It depends.” It depends on how your state law defines “mandated reporters,” or those who, by virtue of their profession, are considered to have a heightened responsibility to report good faith suspicion that a child has been abused, sexually abused or neglected. Typically, such reports must be made to state child welfare agencies within 24-48 hours of the individual learning of the suspected misconduct.
In most states, those employed by schools (administrators, coaches, teachers), doctors, social workers and other licensed counselors are considered to be mandated reporters; but by virtue of someone speaking at a school, the mantle of “mandated reporter” does not automatically apply. In other states, anyone—regardless of profession or school affiliation—is obligated to report suspected child abuse, sexual abuse and neglect. In those states, the speaker could have an obligation to report the misconduct—his telling school administrators what he heard may not be enough to satisfy that requirement. Some states require that school employees first report their good faith suspicions of child maltreatment directly to authorities before informing even their supervisor or head of school. Finally, most states penalize individuals who should have reported and do not, versus those who made a good faith report of child maltreatment, that later, turns out to be unsubstantiated.
The take away: the determination of who is legally obligated to report suspicions of child maltreatment is nuanced and highly dependent on knowing your school’s state law. Take the time to educate your entire employee population – boundary training and mandates reporter training will help the community be ready for whatever may arise on campus.
If you have any questions about legal compliance for reporting suspected child abuse, sexual abuse or neglect, please do not hesitate to contact a member of the Firm’s Education Practice Group.