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Tuesday, February 04, 2014

Courts - "Was former teacher mandated to report student-coach sexual relationship?"

From the Atlanta Journal-Constitution yesterday, a story by Maureen Downey (h/t/ How Appealing) that begins:

The state Supreme Court will hear arguments tomorrow on a case out of Cherokee: A Cherokee County high school teacher is appealing a trial court judge’s refusal to drop criminal charges against her for failing to report that the school wrestling coach was having sex with a 16-year-old student. The teacher argues the state’s mandatory child abuse reporting statute, as interpreted by the trial court, is unconstitutional and discriminates against teachers.

The court is looking at two questions in this case: Under the state’s mandatory reporting statute are “school teachers” mandatory reporters in all circumstances or only when they have a relationship with the child by virtue of their employment as a school teacher; To prove that one “knowingly and willfully” failed to make a report under the statute, must the state prove that the defendant acted with an evil purpose or with the knowledge that the law required her to make a report?

ILB: This is reminiscent of a case in LaPorte County last year involving the failure of "two LaPorte school officials [who allegedly] failed to report their suspicions of a sexual relationship between a now former coach and player." See this March 23, 2013 ILB post.

Posted by Marcia Oddi on February 4, 2014 01:56 PM
Posted to Courts in general