Duty to Report, 2013

I’m the Legislature and I’m Here to Help…

13-3620, Duty to Report

Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by

other than accidental means...

shall immediately report or cause reports to be made of this information to a peace officer or to child protective services … except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only.

For the purposes of this subsection, "person" means:

4. School personnel or domestic violence victim advocates who develop the reasonable belief in the course of their employment.

B. A report is not required under this section for either

1. “reportable offenses” prescribed by sections 13-1404 and 13-1405 if

the conduct involves only minors who are fourteen, fifteen, sixteen or seventeen years of age and

there is nothing to indicate that the conduct is other than consensual.

AND, (and here’s the BIG “Change”)

A report is NOT required…

2.  If a minor is of elementary school age, the physical injury occurs accidentally in the course of typical playground activity during a school day, occurs on the premises of the school that the minor attends and is reported to the legal parent or guardian of the minor and the school maintains a written record of the incident.

Report Nonaccidental Injuries;Don’t Report Accidental Injuries…

So how has the law changed?

Say WHAT

?

Reports shall be made

• Immediately

• By telephone or in person

• Followed by a written report within 72 hours

Reports shall contain:• Names and addresses of child and parent

or guardian, if known.

• The child’s age

• The nature and extent of the abuse, child abuse, physical injury or neglect

• Any information about the cause of the abuse, child abuse, physical injury or neglect

Failure to Report . . .

• A person who violates this section is guilty of a class 1 misdemeanor,

• except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony.

Easy Mistakes on Duty to Report• “It was just little kids fighting, I didn’t think it

was a big deal!”

• “I thought the (nurse, principal, counselor, someone else) was going to report it.”

• “I thought that since the kid that hurt the other kid was special ed, that the duty to report didn’t count.”

• “I didn’t know FOR SURE that it really happened—I mean, I didn’t actually see it happen and this kid could be lying.”

Attorney General Opinion I07-006 (R06-012)

• What is meant by “physical injury”?

• Does duty to report include non-accidental injuries that are just a bruise, cut or scratch?

• Must a teacher report a non-accidental injury caused during a fight or horseplay between students?

• If a child with disabilities who lacks the cognitive ability to control his behavior or

…understand right from wrong causes the injury, must it be reported?

•If an employee forms a reasonable belief that the child has suffered abuse early in the school day, may the duty to “immediately” report be satisfied by a report before the end of the school day?

•Does the duty to report end if the employee has a reasonable belief or knows that another employee has previously reported the event?

And the answers are…

What is meant by “physical injury”?

Impairment of physical condition and includes:• Skin bruising• Pressure sores• Bleeding• Failure to thrive• Malnutrition• Dehydration

• Burns

• Fracture of any bone

• Subdural hematoma

• Soft tissue swelling

• Injury to any internal organ

• Or any physical condition that imperils health or welfare

The injury need not be serious or life threatening.

Does duty to report include non-accidental injuries that are just a

bruise, cut or scratch?

• Yes, for bruising.

• Yes, for cuts and scratches, if they are accompanied by any bleeding.

Do you have to report injuries from student fights or horseplay?

• Yes. “Labels such as ‘horseplay’ or school yard ‘fights’ are imprecise and cannot be used as a litmus test to dismiss the reporting obligation where the conduct fairly falls within the statute.”

If a child with disabilities who lacks the cognitive ability to control his behavior or understand right from wrong causes

the injury, must it be reported?• Yes. “From the injured child’s point of view, it

makes little difference whether a perpetrator has the cognitive ability to control or appreciate his conduct. Indeed, such lack of control or understanding may make the situation more likely to reoccur.”

What does “immediate” mean??

• Time is of the essence…if a school employee forms a reasonable belief of abuse early in the school day, the statute “would require the teacher to make a report, or cause the report to be made, as soon as possible.”

• “In short, to comply with the reporting statute, a covered person should make the required report immediately and without delay as soon as the person forms a reasonable belief that a child has been abused.”

Does the duty to report end if the employee has a reasonable belief or

knows that another employee has previously reported the event?

• “Specific knowledge that the incident has been reported by another caregiver satisfies this obligation. Mere belief without verification is insufficient.”

• So, the question is…do ya’ feel lucky? Or, more to the point, are you willing to bet your license on it?

You are REQUIRED to report• If you develop a REASONABLE belief the

child has been a victim of NONACCIDENTAL physical injury, abuse, child abuse, a reportable offense or neglect

• DURING THE COURSE OF YOUR EMPLOYMENT

You MAY also report

Incidents of non-accidental physical injury, abuse, child abuse, reportable offenses or neglect that come to your attention OUTSIDE of your employment.

If you file a report, you are

• IMMUNE from civil OR criminal liability for making the report UNLESS

• Act with malice or

• Actually have caused the abuse or neglect

SCENARIOS!!!

1 Bonnie winces when you pat her shoulder. She says she was bad and lost the TV remote, so her daddy spanked her with an extension cord. The nurse finds her whole back, shoulders, and buttocks covered with loop marks.

Report to either law enforcement or CPS

Child abuse and physical injury are present

Parents are not to be informed by school.

2 Tommy and Susie, both first graders get into an argument. Susie pushes Tommy into the slides. He ends up with a bloody nose.

Report to law enforcement

Physical injury.

Non-accidental.

3 John is running to get into the lunch line. He trips, slides into Julie, knocks her over and she ends up with a split lip and a bruised hip.

Do not report.

Although there is a physical injury, it is an accidental injury.

4 Bethany, a 13 year old eighth grader, is pregnant.

Report to law enforcement.

Pregnancy is proof of sexual activity and, therefore, a reportable offense.

She is under 14, so consent is not an issue.

5 You are at Wal-Mart and see a mom repeatedly shake and slap her child who has been crying for some candy in the check out line.

You MAY report to either law enforcement or CPS, but you are NOT required to do so.

Child abuse and there may be physical injury

BUT, you did not learn of it in the course of your employment.

6 You are waiting to get your oil changed when Ben, a junior in your class tells you that he has been wanting to talk to you, but class is always too busy. He tells you that his mom’s new boyfriend shows him pornography on the internet, and touches his privates. He says his mom won’t believe him.Report to law enforcement or CPSReportable offensesThe report is made to you because of your work.

7 Tammy is your son’s top competition in the math-a-thon. If you can just distract the kid, you know your son will win without any problem. You call C.P.S. the day before and report that Tammy has told you her father is molesting her. This is NOT true.

You SHOULDN’T have reportedYou have NO immunity against either a civil suit

OR a criminal suitDidn’t you learn anything AT ALL from the

Texas Cheerleader Mom????

So…to summarize

If you reasonably believe a child has been the victim of NON-ACCIDENTAL

• Abuse• Child Abuse• Physical injury• Neglect• Reportable offense (sexual based crimes)

Report this to

• Law enforcement

• Or, if the person causing the abuse has the care and custody of the child, then to law enforcement OR child protective services (888-S0S-CHILD)

• Report it immediately by telephone or in person

• Followed by written report within 72 hours

To protect yourself…• Report when you suspect abuse• Report when it is reported to you, even if

you question the reliability of the person reporting

• Report without doing any initial investigation

• If you have someone else report for you (a principal, school nurse, other teacher) be sure to verify the reporting took place

Other Required Reports

But not under 13-3620

Hang in there…

Bullying

• Boys are more likely to be bullies

• Girls are bullied by both girls and boys

• Boys are more often bullied by other boys

• Verbal bullying is the most common form of bullying for both boys and girls

• Boys are more likely the victims of physical bullying

• Girls are more likely the victims of rumors, sexual comments, and social exclusion

• Both boys and girls are bullied by derogatory speculation about their sexual orientation

15-341 (A)(37)The Board shall prescribe/enforce policies to prohibit pupils from harassing, intimidating and bullying•On school grounds, school property, school buses, school bus stops, school sponsored events and •through the use of electronic technology or electronic communication on school computers, networks, forums and mailing lists.• Create a procedure to give pupils, parents and school district employees the means to confidentially report incidents of harassment, intimidation or bullying.  

• Create written forms for reporting bullying designed to provide

– Full and detailed description of the incident

– Other relevant information about the incident

• Employees must make written reports of suspected incidents of harassment, intimidation or bullying.

• Appropriate discipline for employees who fail to report suspected incidents.

Require… At the beginning of each school year,

provide all pupils with a written copy of the rights, protections and support services available to a pupil who is a victim of bullying, harassment, intimidation.

If an incident is reported, school officials must also provide a pupil who is the alleged victim with a written copy of the

rights, protections and support services available to that pupil.

Maintain documentation of all reported incidents for at least six years. 

If a school provides documentation of reported incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.

The formal investigation must including procedures for notifying the alleged victim on completion of the disposition of the investigation.

Procedures need to be put into place designed to protect the health and safety of pupils who are physically harmed as the result of incidents of harassment, intimidation and bullying, including, if appropriate, procedures to contact emergency medical services or law enforcement agencies, or both.

• Establish disciplinary procedures for pupils who have admitted or been found to have committed incidents of harassment, intimidation or bullying.

• Establish a procedure that sets forth consequences for submitting false reports of incidents of harassment, intimidation or bullying.

•  The Board needs to adopt definitions of

harassment, intimidation and bullying.

JICK-Definitions:Bullying: Bullying may occur when a student or group of students •engages in any form of behavior that includes such acts as intimidation and/or harassment that •has the effect of physically harming a student,• damaging a student's property, or •placing a student in reasonable fear of harm or damage to property

Bullying definition con’t• is sufficiently severe, persistent or

pervasive that

• the action, behavior, or threat creates an intimidating, threatening, or abusive environment

• in the form of physical or emotional harm

• occurs when there is a real or perceived imbalance of power or strength, or

• may constitute a violation of law.

Bullying of a student or group of students can be manifested through

• written,

• verbal,

• physical, or

• emotional means

Bullying may occur in a variety of forms including, but not limited to

• verbal, written/printed or graphic exposure to

• derogatory comments,

• extortion,

• exploitation,

• name calling, or

• rumor spreading

– either directly

– though another person or group or

– through cyberbullying,

• exposure to social exclusion or ostracism,

• physical contact including pushing, hitting, kicking, shoving, or spitting,

• damage to or theft of personal property.

Cyberbullying is • any act of bullying committed by use of

electronic technology or • electronic communication devices, • including telephonic devices, • social networking and other internet

communications, • on school computers, networks, forums

and mailing lists, or other District-owned property, and

• by means of an individual’s personal electronic media and equipment.

Harassment is intentional behavior by • a student or group of students that is • disturbing or threatening to another student or

group of students. Behaviors include, but are not limited to, • stalking, • hazing, • social exclusion, • name calling, • unwanted physical contact and • unwelcome verbal or written comments,

photographs and graphics.

Harassment may be related, but not limited to:

• race,

• religious orientation,

• sexual preference,

• cultural background,

• economic status,

• size or personal appearance.

Harassing behaviors can be direct or indirect and by use of social media.

Intimidation is intentional behavior

• by a student or group of students that

• places another student or group of students

• in fear of harm of person or property.

Intimidation can be manifested

• emotionally or

• physically,

• either directly or indirectly, and

• by use of social media.

Disciplinary action may result for bullying which occurs outside of the school and the school day when

• bullying results in a substantial – physical, – mental, or – emotional

• negative effect on the victim while on school grounds, school property, school buses, at school bus stops, or at school sponsored events and activities, or

• when such act(s) interfere with the authority of the school system to maintain order.

A school employee who • becomes aware of or • suspects a student is being bullied shall • immediately notify the school administrator. • The initial notification of an alleged incident

may be provided verbally. • A detailed written description of the

incident and any other relevant information must be provided

• on form(s) made available by the school and

• submitted to the principal within one (1) school day of the verbal report.

Failure to Report Bullying

• Failure by an employee to report a suspected case of bullying may result in disciplinary action up to suspension without pay or dismissal pursuant to Board Policies GCQF and GDQF.

• Reprisals against employee or student reporting shall result in discipline of the individual carrying out the reprisals.

• Student reporting bullying must be given copies of policies.

• Principal must investigate all claims of bullying.

• Principal must notify child’s parents or guardians of report made by their child alleging bullying.

• Principal must complete investigation within two school days of receipt of report.

• Principal must document investigation and findings.

• Within FERPA requirements, parents and students must be informed of the outcome of the investigation, regardless of the findings.

• Reports to police agencies shall be made under A.R.S. §13-3620 if non-accidental injury, abuse, or a reportable offense has occurred, and

• Reports shall also be made of other crimes committed as part of the bullying behavior.

• Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion.

• District policies shall be followed for any discipline resulting from bullying, false reporting, or from reprisals.

Establish procedures for the dissemination of information to students, parents and guardians.

• The information will include:– Governing Board policies, – incident reporting, – support services (proactive and reactive)

and – student's rights.

• be summarized in the student handbook and on the District website

The dissemination of this information shall • Occur during the first (1st) week of each school

year,

• Be provided to each incoming student during the school year at registration,

• Be posted in each classroom and in common areas of the school

• Information will be provided to staff members at the beginning of each instructional year and on the first day of employment for new employees.

Student’s Report of Bullying

• May be verbal or in writing

• If verbal, Employee taking the report must document it in writing

• Employee may make own report verbally, but must follow up in writing.

• Written report must be made within one day of receipt of student’s report or of observation of incident.

• Written report should use forms adopted by the school

COMPLAINT FORM (To be filed with any School District employee who will forward this document to the principal or the principal’s designee) Please print:

• Name _________________________ Date ___________ Address ________________________________________ Telephone __________ Another phone where you can be reached __________ During the hours of __________

• E-mail address __________________________________ • I wish to complain against: Name of person(s)

________________________________________________ Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to include all relevant dates, times, and places. Additional pages may be attached if necessary.

• If there is anyone who could provide more information regarding this complaint, please list name(s), address(es), and telephone number(s).

• Name Address Telephone Number • The projected solution: Indicate what you think can and

should be done to solve the problem. Be as specific as possible.

• I certify this information is correct to the best of my knowledge.

• Signature of Complainant _________________________ Date ___________

• Document received by ____________________________ Date ___________

• Investigating official ______________________________ Date ___________

Hazing

A.R.S. §15-2301,

Policy JICFA

HAZING, Policy JICFA

• There shall be no hazing, • solicitation to engage in hazing, or • aiding and abetting another who is

engaged in hazing • of any student.• In any school related activity including

sports teams and clubs• Agreement by the student to be hazed is

not a defense.

Policy JICFA, reporting• Students and others may report hazing to any

professional staff member.  • Professional staff members must report the

incident to the school administrator or next higher administrative supervisor, in writing, with such details as may have been provided. 

• Any instance of reported or observed hazing which includes possible child abuse or violations of statutes known to the staff member shall be reported to a law enforcement agency.

• The staff member shall preserve the confidentiality of those involved, disclosing the incident only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.

• A failure by a staff member to timely inform the school administrator or next higher administrative supervisor of a hazing allegation or their observation of an incident of hazing may subject the staff member to disciplinary action in accord with District policies. 

Policy JICFATo assure that students and staff are aware

of its content and intent, a notice of this policy and procedure

• shall be posted conspicuously in each school building and

• shall be made a part of the rights and responsibilities section of the student handbook. 

Forms for submitting complaints are to be available to students and staff in the school offices

Exceptions …15-2301(B)

1. The customary athletic events, contests or competitions sponsored by the school itself

2. An activity or conduct that furthers the goals of

• a LEGITIMATE educational curriculum,

• a LEGITIMATE extracurricular program,

• or a LEGITIMATE military training program

PREVENTION!On bus trips • If the bus driver and conditions permit,

coaches and chaperones should walk back and forth at random times and pay attention to what’s going on between the kids, but never sit and remain in the front of the bus.

• If more than one coach or chaperone is on the bus, have one sit in back and one in the middle of the bus

• Do not fall asleep or become engrossed in a movie, lap top, game, or book

Don’t encourage students by

• Giving artificial privileges to one group over another (varsity over junior varsity) that the students may feel the need to enforce IF YOU FAIL TO DO SO.

• Telling about initiations or hazings you participated in when you were in school or on a team

• “Who will rid me of this troublesome priest”—making students feel like you have given them the go-ahead by things you say or by your actions

If hazing is reported to you …

• Determine the basic facts about what happened--who did what to whom and when and where did it occur?

• If the hazing involved physical injury, abuse, or a “reportable offense,” immediately notify law enforcement under your duty to report.

• Notify administration of what occurred.• Assist in the investigation if asked to do so.• Do not make any statements to any private

attorneys without first discussing it with the school’s attorney.

Besides Bullying and HazingOTHER things to report…

• These you also report up your chain of command

• These the administration must, in turn, report to law enforcement

Deadly Weapons and Drugs (A.R.S. 15-841 and 15-515).

If any school personnel see weapons or drugs on school property, they must report the violations to the school administrator who must then report to law enforcement.

The criminal statutes violated• 13-3102 (A) (12). A person commits

misconduct involving weapons by knowingly possessing a deadly weapon on school grounds

• 13-3411. It is unlawful to possess, use, sell or transfer drugs in a drug-free school zone. Failure of an administrator to report the violation is a class 3 misdemeanor

Suspected Crimes A.R.S. 15-341(A)(33)

The governing board or delegate must report serious offenses; deadly weapons, dangerous instruments, serious physical injury; and conduct that poses a threat of death or serious physical injury to students, employees and others on school property to law enforcement, and may report all other crimes.

Questions??

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