Educating Teachers on Mandated Reporting

We wrote an earlier post about an elementary school principal in San Jose, California, who was convicted of misdemeanor failing to report suspected child abuse after a mother and her daughter told the principal about a second-grade teacher who acted "strangely" while alone with the girl in a classroom.

In Brentwood, California, the school district paid $950,000 to settle a lawsuit against one of its special education teachers, Dina Holder, who pleaded no contest to misdemeanor child abuse after throwing a five-year-old special needs student onto the floor and kicking him. The teacher's aides reported the incident to the school principal who waited two days before calling Child Protective Services (CPS), and never submitted a follow-up written report as required by law.

As a result of reports like these, the Bay Area News Group conducted a survey of California school districts and found that less than half that responded had provided annual training on recognizing and reporting suspected child abuse.  And, some districts didn't understand what the law requires. For example, some districts require employees to first report suspected abuse to school administrators rather than calling the authorities. However, the law requires mandated reporters to report their suspicions directly to CPS or police – reporting to school administrators does not fulfill their legal duty.

This survey prompted California's State Superintendent of Public Instruction, Tom Torlakson, to send a letter to all school districts, requesting information about their child abuse training.  Torlakson also said he would support legislation to strengthen the state's mandated reporter law.

California Assemblywoman Joan Buchanan has introduced legislation that would require all school districts to adopt policies outlining child abuse reporting requirements and to review those policies annually with all employees.

However, William Grimm, senior attorney at Oakland's National Center for Youth Law, doesn't think the proposed legislation goes far enough. "A large part of the problem is the district's failure to provide training that helps school staff understand what should be reported. Until training is mandated for all school staff, there will continue to be victims whose suffering goes unreported."

Talented Youth: Bullied and Awarded

This post has good news and bad news for gifted and talented youth.

First, the bad news. A study by the U.K.-based Anti-Bullying Alliance found that:

• More than 90 percent of British children have been bullied or saw others being bullied because they are gifted and talented.
• More than a quarter of the 11-16-year-olds surveyed said they quit an activity for fear of being bullied, and half downplayed a talent for the same reason.
• One in ten children hid their science ability, and one in five girls (and one in ten boys) deliberately underachieved in math to avoid being bullied.

This U.K. study's findings are consistent with a previous U.S. study that found high-achieving students' (especially African-Americans and Latinos) grades dropped as a result of bullying. And a University of Virginia study also found a link between bullying and high school dropout rates.

Now, the good news for talented youth. First Lady Michelle Obama presented Oakland's Youth Radio with the 2012 National Arts and Humanities Youth Program Award, the highest honor for after-school arts and humanities programs. Among the awarded programs were a New York debate league, an African culture group, and a mariachi apprentice program honoring the Mexican-American experience in Los Angeles.

At the White House awards ceremony, the First Lady said, "In spite of all the challenges and obstacles our young people face, in spite of all their fears and doubts, you teach them art anyway. You teach them that no matter what life throws their way, if they draw back on their own talent, creativity and courage; if they're persistent and tenacious and bold, then they can truly make something extraordinary out of their lives."

Principal Sentenced to Teach

In the second "failure to report" case in two decades brought by Santa Clara County prosecutors, O.B. Whaley Elementary School's former principal, Lyn Vijayendran, was convicted of failing to report suspected sexual abuse of a student by one of her teachers.

The judge told Vijayendran "you made a very bad judgment that day," then sentenced her to pay $602 in criminal fines, two years of probation, and 100 hours of community service, which will include helping teach other school officials about their legal duty to report suspected child abuse.

The jury forewoman said Vijayendran "dropped the ball." Another juror said the principal "stuck her head in the sand rather than pull the alarm. I think she didn't want this ugly thing to be true."

The eight-year-old girl's mother told Vijayendran that second-grade teacher Craig Chandler had acted "strangely" with her daughter, and showed the principal a suspicious stain on her daughter's jacket.  Vijayendran then interviewed the girl who provided vivid details of her strange encounter with Mr. Chandler.

Vijayendran testified that Mr. Chandler "appeared forthright" when he told her that blindfolding a second-grade girl, telling her to lie on the floor, and putting a salty liquid in her mouth while they were alone in the classroom was part of a lesson plan about Helen Keller.

Vijayendran's decision to conduct her own investigation, instead of reporting the incident to authorities as the law requires of mandatory reporters, resulted in her criminal conviction and allowed Mr. Chandler to molest another student a few months later.

Under California law, school districts are required to train their educators how to recognize and report suspected child abuse. While the law provides an exception — a school district may simply write a letter explaining why training was not provided — jurors said the Evergreen School District shared some responsibility in this case.

"I think there were comments made that over a 20-year period, that people from the teachers all the way up to the principals all the way up to HR that they've received no training on mandatory reporting," said juror Kathy Ericksen. Juror Susan LaGassa agreed, "Educators need to know that this is unacceptable."

"The bigger picture," said prosecutor Alison Filo, "is we want mandated reporters to understand to always err on the side of caution and report, never investigate."

Suspicious Minds

What do the Catholic Church, the Boy Scouts, and Penn State University have in common with the Horace Mann School in New York City and Miramonte Elementary School in Los Angeles?  They all had trusted members of their organizations who were involved in child sex abuse scandals.

Now, "The BBC's reputation is on the line," says Chris Patten, the chairman of the BBC Trust.  Police are describing disc jockey and BBC television host Jimmy Savile (who died last year at age 84) as "one of the worst sex offenders in recent history." Given recent history, that's a pretty big claim.

This latest BBC scandal began when a television documentary aired in October in which several women claimed that they were sexually abused by Savile when they were in their early teens. Hundreds of potential victims have since come forward with similar claims.

In connection with the Savile investigation, police arrested musician and convicted sex offender Gary Glitter (known for his shiny jumpsuits and whose real name is Paul Gadd).  Glitter served a U.K. prison term in 1999 for possession of child pornography. After moving to Vietnam, he was convicted of child abuse in 2006 and deported back to Britain in 2008. Glitter is best known for the crowd-pleasing hit "Rock & Roll (Part 2)" which, in 2006, the National Football League advised teams not to use at games.

Questions are now being raised about whether the BBC was involved in a cover-up, and whether Savile was at the center of a broader pedophile ring. All of this leaves some of us wondering, who can you trust?

"As a society, we've just got to somehow get over this notion that some men, some women, some institutions, are 100 percent pristine and trustworthy," said David Clohessy, director of the Survivors Network of those Abused by Priests. "We've got to look at actual behavior, not reputation."

Grandmas Do Cry

Four middle-school students received a one-year suspension from school for bullying a 68-year-old bus monitor to tears. The ugly episode was caught on cell phone video (warning: language), recording the boys' relentless taunts about Grandma Karen Klein's girth.

One student's words were especially cruel saying, "You don't have a family because they all killed themselves because they don't want to be near you."  Klein's oldest son committed suicide ten years ago.

Once the video went viral, the public outcry fueled a fund raiser to raise $5,000 for Klein to take a nice vacation – the result was an astonishing $667,000.

When asked about the bullies' punishment, Klein said the best part was "that they have to do community service for senior citizens." And, because the video went viral, "it's putting people into action, making them talk to their children, making them teach them what they should not do."

Bad Apples

A third grader was forced to undress and school officials scrubbed his body in the shower because he "smelled badly, was dirty and … had bad hygiene." His parents have sued the Peaster School District outside Fort Worth, Texas, alleging that their son now is in therapy, distraught about being dirty or smelling badly, and showers compulsively.

Meanwhile, in a kindergarten class near San Antonio, Texas, the teacher lined up the classmates and instructed them to hit six-year-old Aiden to "teach him why bullying is bad." Some students didn't want to hit Aiden but were afraid to disobey their teacher. Then one student hit Aiden hard in his upper back and the teacher intervened. Apparently, Aiden's teacher was following the advice of a more experienced colleague and both are now on paid administrative leave. Aiden's mother has filed a police report against the teachers for bullying her son.

No one from either school contacted the children's parents first to try and resolve these issues before crossing the line from teachable moment to criminal and civil liability.

Costly Reporting Delay

A kindergarten teacher in Wichita, Kansas, was forced to resign and her teaching license was revoked because she delayed reporting suspected child abuse to authorities.  Donna Ford had taught for 17 years when she failed to comply with her school's policy requiring her to report suspected abuse "on the same day the suspicion arises."

Apparently, Ford informed the school principal, social worker, and counselor about her suspicion that a 6-year-old girl in her class was being abused by a teenager who was living in the child's home.  However, when she tried to report her suspicions to state authorities, her computer malfunctioned and it was over a week later when she finally submitted her report  — after the girl's mother advised Ford and other school officials that the teenager no longer lived with them.

Ford's supporters say she was unfairly punished, while a national support group for abuse victims called it "a powerful statement that protecting children is not something to be taken lightly."

In our previous post, we wrote about the Connecticut Supreme Court case that denied a school principal the right to sue after being fired for reporting child abuse.  When confronted with conflicting laws, policies, and people's reactions to child abuse, these cases remind us to keep focused on the children:  as a spokesperson for the Kansas Department of Social and Rehabilitation Services said, "When you're talking about the well-being – and survival, in some cases – of a child, it's better to err on the side of caution."

Can Report But Can't Sue

All 50 states, the US territories, and the District of Columbia provide legal immunity from lawsuits or criminal prosecution for reporting suspected child abuse. In addition, many states also protect employees who report abuse from workplace retaliation.

While some states make it relatively easy for employees to sue to enforce their rights, others may require a state agency to take legal action.

One Connecticut school principal learned this lesson the hard way. Under Connecticut law, employers are forbidden from retaliating against an employee who reports suspected child abuse. If they do, the law authorizes the state Attorney General to sue the employer.

So, when principal Carmen Perez-Dickson was demoted and later suspended after reporting two incidents of suspected child abuse, she sued the school board for retaliation. After a trial, the jury awarded her over $2 million.

Unfortunately for the former principal, the Connecticut Supreme Court overturned her verdict. Although Perez-Dickson was correct in principle that she could not legally be fired for reporting abuse, she erred by assuming that she could sue to vindicate her rights. Instead, the Court ruled that only the Connecticut Attorney General was legally authorized to prosecute employers who retaliate against employees for reporting child abuse. [Perez-Dickson v. Bridgeport (CT 2012)]

What's a "Reasonable Suspicion"?

Deciding to call the authorities because you suspect a child risks being harmed requires a judgment call about what's a "reasonable suspicion."

For example, our first story involves a four-year-old girl who drew a picture at school of a man with a gun. Does this raise a reasonable suspicion of child mistreatment?  Her teacher in Ontario, Canada, thought so and called the child protective agency.  When her father arrived to pick up his children, he was handcuffed, arrested, and strip searched. However, after searching the family's home, the only gun found was a toy.

Or, do you have reasonable suspicion of a child predator if you see an older white man wearing a camouflage jacket and blue jeans standing at a school bus stop? After one mom in a Philadelphia suburb approached the man offering help, he walked away without saying anything — so she called the police. The police notified the school, children were kept in their classrooms during recess, and an email alert was sent to parents asking them to call 911 immediately if they saw this "suspicious" person. It turns out that the man was a new resident of the community and, instead of being welcomed with a plate of cookies, he was questioned by police about why he was standing at a school bus stop.

The third story involves a text message about a Georgia school that was sent by an unknown sender: "gunman be at west hall today." Does this raise a reasonable suspicion of a planned school shooting? After law enforcement learned of the text message, they told school officials to go into lockdown. It turned out that the sender was all thumbs: the auto correct feature on the sender's cellphone had changed "gunna" to "gunman," and the corrected message was accidentally sent to the wrong number. The fact that this happened three days after a school shooting in Ohio helps explain the concern.

Finally, what about a four-year-old girl who was punished by rubbing her mouth until her lips swelled? Even though the abuse was reported to the police in the summer of 2011, the first prosecutor to review the girl's case decided that her mother's boyfriend hadn't violated North Dakota's corporal punishment law. The police continued their investigation, finding that the girl also had bruises on her face and neck which she said happened when she slipped in the shower. Also, the mother's boyfriend first told investigators that the girl injured herself while riding her bike, and then later admitted that he had rubbed her face because she wet the bed. The second prosecutor who reviewed the case charged the boyfriend with felony child abuse, punishable by up to 10 years in jail.

So, when deciding if you've got "reasonable suspicion," ask yourself:

"Would someone with average judgment, who saw or heard what I did, also be suspicious?"

If so, it's reasonable. And while you may not always be right, when you are, a child may be saved from harm.

Assault In Words

On February 2, 2012, the Judiciary Committee will consider Senate Bill 1925, reauthorizing the Violence Against Women Act of 1994, to continue (at a reduced level of funding) safety and support services for victims of domestic violence, sexual assault, dating violence, and stalking. These services include education for child protective service workers, legal assistance, supervised visitation programs, housing protections, and court responses to these violent crimes.

A critical addition to this bill addresses campus sexual violence, including provisions for prevention education for all incoming students and training for campus law enforcement. Between 20 and 25 percent of women are sexually assaulted on college campuses.

Voted one of 30 "Must-See Tumblr Blogs" by Time Magazine, "project unbreakable" was created by Grace Brown who uses photography to help victims of sexual abuse heal. Ms. Brown posts her photographs of victims holding posters on which they write quotes from their attackers. Time calls it "a shocking and sad look at sexual assault and how it affects their victims."

Free Speech or Online Harassment?

The U.S. Supreme Court declined to give schools guidance on where to draw the line between a student's free speech rights and online harassment. Litigants asked the Court to review decisions in three cases involving Internet speech that came to different results. Two cases involved students using the Internet to ridicule their principals, and the third case involved student-on-student online harassment.

By denying review, the Court let stand two lower court decisions that First Amendment free speech rights trump the schools' right to punish students for using social media to make derogatory statements about their principals.  And the third decision will stand upholding a school's right to suspend a student for online harassment of another student.

Free speech rights were protected where one student portrayed her middle school principal as a "hairy sex addict" and a pedophile because the claims were too outrageous to be taken seriously. In the second case, a student posted comments about a high school principal, calling him a "big steroid freak" and a drunk, but, since the student's online comments did not cause substantial disruption at school, they could not be punished by school administrators.

However, in the third case, free speech rights did not prevent a student's punishment for creating a website where she posted hateful comments about another student.  The Fourth Circuit Court of Appeals decided that her "particularly mean-spirited and hateful" conduct violated school anti-bullying policies that were necessary to preserve a safe educational environment at school.

The Internet has provided an especially virulent means to bully and harass, and the Court missed an opportunity to provide school administrators with valuable insight on how to navigate these troubled waters.

Show and Tell

Remember when kids brought their favorite stuffed animal to school for show and tell? Teachers now face bigger challenges than equal "awwwwws" for one student's teddy bear and another's puppy.

For example, a stunned teacher in St. Louis watched her kindergarten student show his mom's crack pipe and several baggies of crack rocks to the class. The boy's mother was arrested and charged with drug possession and child endangerment.

In Pittsburgh, a kindergarten teacher found bags of heroin in a 7-year-old's backpack and locker after the student cut his finger with a razor blade. The boy told police that he got the drugs from his dad's bedroom and had given some to his friends. Parents contacted the school district when their children came home with a white substance in packets that were stamped with the words "Magic Ticket" and a drawing of a bunny coming out of a hat.

No One Listens

He blogged about school bullying and posted a hopeful YouTube video that was called "It Gets Better, I promise!" But during National Suicide Prevention Week, Jamey Rodemeyer committed suicide after enduring years of bullying.



In middle school, the bullies attacked him online with anonymous posts filled with hate. Just two days before he ended his life, Jamey posted a message that read, "I always say how bullied I am, but no one listens."

Jamey had just started ninth grade at Williamsville North High School, which had lost another student to suicide in February 2010. One of North High's social workers said, "We really encourage kids not to use those sites if they're having a hard time because it just aggravates the situation."

Successful anti-bullying strategies, however, involve the entire school community to create a safe environment for kids like Jamey.