REVISED TEACHER DISMISSAL LAWS

Grady L. HuntLocklear, Jacobs, Hunt & Brooks(910) 521-3413gradyh@ljhblaw.com The information contained in this presentation is intended for general guidance only, and is not intended to provide specific legal advice or to express specific legal opinions

115C-288 (g)

CHILD ABUSE AND SEXUAL ABUSE: REPORTING REQUIREMENTS AND WARNING SIGNS Public Schools of Robeson County August 6, 2014SCARY STATISTICS: According to the U.S. Department of Education:

Only 5% of child sexual abuse cases are reported to DSS or law enforcement. Approximately 9.6% of K-12 students are targets of educator sexual misconduct sometime during their school career.An estimated 170,000 students in North Carolina who are currently enrolled have been subjected to sexual misconduct by an employee of a school.

WHY REVIEW THIS TOPIC?Protect Kids Principals and A/Ps are legally obligated to carry out their duty to report with absolute fidelity Consistent with training provided to new teachers.Important to maintain good relationships with our fellow public agencies: DSS and law enforcement North Carolina General Statutes: Juvenile Code7B-301-Duty to report abuse, neglect, dependency (See 7B-101(9)) or death due to maltreatment 7B-302(e)-Access to confidential information 7B-307-Duty of DSS to report to law enforcement7B-309-Immunity for good faith reporting7B-310-Privileges not grounds for failing to reportNorth Carolina General Statutes: Principal and A/P Duties 115C-288(g) Powers and Duties of Principal

115C-289(a) Assignment of Principals Duties to Assistant or Acting Principal

REVIEW OF REPORTING REQUIREMENTS 7B-301 Duty to ReportAny person or institution who has cause to suspect that any juvenile has been abused, neglected or dependent as defined by 7B-101, or has died as a result of maltreatment, shall report the case of the juvenile to the Director of the Department of Social Services.7B-302(E)- Access to Confidential Information In performing any duties related to the assessment of the reportthe director may consult with any public or private agencies or individuals, including the available State or local law enforcement officersThe director or the directors representative may make a written demand for any information or reports, whether or not confidential, that may in the directors opinion be relevant to the assessment or provision of protective services. 7B-307 Duty of DSS Director to Report Evidence of Abuse, Neglect If the Director finds evidence that a juvenile may have been abusedthe Director shall make an immediate oral and subsequent written report to the district attorneyand the appropriate local law enforcement agency within 48 hours after receipt of the report.

7B-309-Immunity of Person Reporting and Cooperating In An Assessment Anyone who makes a reportor cooperates with the county department of social services in a protective services assessmentis immune from any civil or criminal liabilityprovided that the person was acting in good faith. 7B-310 Privileges Not Grounds for Failing to Report or Excluding Evidence No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected or dependent, even if the knowledge or suspicion is acquired in an official professional capacity.Reporting to Law Enforcement: Principal and A/P Duties 115C-288(g) Powers and Duties of Principal

To report certain acts to law enforcement and the superintendent when the principal has personal knowledge, a reasonable belief, or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency. 115C-288(G) ContinuedA principal who willfully fails to make a report to law enforcement required by this subsection may be subject to demotion or dismissal pursuant to G.S. 115C-325.

115C-288(G) ContinuedNotwithstanding any other provision of law, the State Board of Education shall not require the principal to report to law enforcement acts in addition to those required to be reported by this subsection.

115C-288(G) ContinuedFor purposes of this subsection, school property shall include any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the principal.

115C-288(G) ContinuedThe principal or the principals designee shall notify the superintendent or the superintendents designee in writing or by electronic mail regarding any report made to law enforcement under this subsection. This notification shall occur by the end of the workday in which the incident occurred when reasonably possible but no later than the end of the following workday. The superintendent shall provide the information to the local board of education.

115C-288(G) ContinuedNothing in this subsection shall be interpreted to interfere with the due process rights of school employees or the privacy rights of studentsBottom LineIf you have any suspicion of any type of child abuse, neglect, or maltreatment in any form by any person, report immediately! Never take this suspicion home with you without reporting!

WARNING SIGNS OF SCHOOL STAFF SEXUAL MISCONDUCT THE BASIC, COMMON SENSE STANDARD OF CONDUCT: ALL SCHOOL STAFF MEMBERS MUST MAINTAIN AN APPROPRIATE EDUCATOR/STUDENT or ADULT/CHILD RELATIONSHIP AT ALL TIMES

WARNING SIGNS: Any evidence of grooming as demonstrated by boundary invasions Predators also groom adult peers who might otherwise report suspicious activity through the halo effect WARNING SIGNS:Communicating electronically with students regarding non-school issues, especially using texts, snap chats, Twitter, or other similar means. Personal, non-educational email, cell phone, and/or text messaging between staff and students. WARNING SIGNS: Being alone with a single student in an isolated, non-public area of the school campus.Offering rides to students in personal vehicles.Allowing students to visit during Planning Periods or other non-class times. WARNING SIGNS: Tutoring outside of normal school hours or remediation programs. Getting too close to parents or other family of students.Taking students on personal outings as rewards or recognition, or hiring them to do odd jobs for the staff member.

WARNING SIGNS: Talking to students about personal or relationship issues. Taking an undue interest in a particular child or becoming a substitute parent. Engaging in talk containing sexual innuendo or banter with students including jokes. WARNING SIGNS: Buying gifts for students or giving individual students special treats or school privileges. Serial huggers and ANY kissing of students. Dressing provocatively or dressing like a student instead of as a professional adult. BEWARE of the HALO EFFECT/GROOMING ADULT PEERSShell do anything for the kidsHes always available to help after school, to tutor, or run kids homeHe goes the extra mile for these at-risk kids

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