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