Duty to Report: What Independent Schools Can Learn from the Penn State Case

As I watch the unfolding of the horrific story of the alleged sexual abuse of children by a Penn State football coach, I am reminded of the need for educational institutions to be deliberate about its policy for reporting child abuse or neglect.

Educators have a special professional status that brings with it a higher standard of the Duty to Report, which includes a duty to report when there is a reasonable suspicion of abuse or neglect of a minor child. In some jurisdictions, it is also required of educators to report drug or alcohol use by minor children. School staff should know with whom they should discuss concerns that arise from a student’s report of physical abuse, neglect or other inappropriate behavior or their observation of such. A student displaying physical injuries such as bruises, reports of inappropriate contact of a sexual nature with adults or other forms of concerns should be taken seriously and appropriate procedures for sharing such information should be clearly discussed with faculty and staff to make certain that proper reporting obligations are satisfied.

This discussion is not intended to provide legal advice but rather encourage SAIS schools to act in a proactive manner by developing appropriate policies to address this Duty to Report and set up systems and procedures for addressing these issues prior to their occurrence. It is essential that schools have a policy for the handling of situations that require reporting to the appropriate authorities or agencies. In the development of the policy it is strongly recommended that the school’s legal counsel be consulted when writing the document to make certain that the school addresses its legal obligations and thereby limit the risk of confronting a legal claim for failure to comply with the law.

Independent schools historically have preferred to handle discipline issues as a school-only issue. Particularly in boarding schools, where the school operates in a more isolated environment or community, the concern is that bringing in outside law enforcement would make the situation a public matter and bring to the school unwanted publicity. However, virtually all states have passed statutes related to the reporting of physical or sexual abuse, neglect, and certain drug use incidents for minor children. Being aware of the reporting requirements is essential and the lack of reporting to the appropriate authorities, when required, can put a school at great legal risk as well as bring public scrutiny over the moral responsibility of school officials to protect children.

At a minimum, a school policy should be developed to address the Duty to Report and should be consistent with the federal, state, and local laws governing the institution. It should clearly outline the school’s and the individual’s specific obligations as well as provide guidance for all school faculty and staff on the reporting process. Many states place the “liability” on the party who was personally made aware of or witnessed the abuse or neglect; others consider reporting to the institution sufficient. The policy should include instructions for notification of appropriate administrative individuals or counselors and the steps that should be taken to ensure legal compliance. The process should also include a method that keeps the reporting staff informed regarding the resolution of the reporting process.

Professional educators have a higher standard of reporting than does most other citizens. Since teachers can potentially be legally liable if not reporting child abuse, it is appropriate that school administration keep informed any teacher initiating a report. Although in most states, a teacher fulfills their reporting responsibility by making the report to school administration, a policy should outline the method in which the report should be made, the administration’s responsibility to keep the reporter informed. A school may also wish to consider any follow up systems they want to put in place such as sending a note to the authority who received the complaint confirming the report as well as calling the agency to obtain an update on the investigation.

Only time will tell if university staff at Penn State is found legally responsible for breeching a duty to report; however, a lesson can be learned from this situation. As this case unfolds in the media and the courts, independent schools should take the cue to review their own reporting policies before a need arises. A clear and comprehensive policy, along with regular training of school staff on their Duty to Report, is definitely in order for all schools. The consequences for mishandling such an unfortunate situation is potentially catastrophic for an independent school and, as those in State College, PA are learning, the damage can affect the entire community.

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