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#5153(b)

 

SUSQUEHANNA TOWNSHIP SCHOOL DISTRICT

Harrisburg, Pennsylvania 17109

 

POLICY

REPORTING OF STUDENT ABUSE BY A SCHOOL EMPLOYEE

 

This Policy is adopted in accordance with the Child Protective Services Act, subchapter C.1 (students in public and private schools), 23 Pa. C.S. 6351 through 6353.

 

The following words and phrases when used in this Policy shall have the meanings given to them as follows:

 

Student:                                         An individual enrolled in the Susquehanna

Township School District who is under 18 years

of age.

 

School employee:                          An individual employed by the Susquehanna

Township School District including an inde-

pendent contractor and its employees.

 

Serious bodily injury:                     Bodily injury which creates a substantial risk

of death or which causes serious permanent

disfigurement or protracted loss of impairment

of function of any bodily member or organ.

 

Sexual abuse or exploitation:        The employment, use, persuasion, inducement,

enticement or coercion of any student to engage

in or assist any other person to engage in any

sexually explicit conduct for the purpose of

producing any visual depiction of any sexually

explicit conduct or the rape, molestation, incest,

prostitution or other form of sexual exploitation
                                                                                       of children.

 

Reporting by School Employees

 
  1. Except as provided in subparagraph B, a school employee who has reasonable cause to suspect, on the  basis of professional or other training and experience, a child under the care, supervision, guidance or training of that person or of an agency, institution, organization, or other entity with which that person is affiliated is a victim of serious bodily injury or sexual abuse or sexual exploitation by a school employee shall immediately contact the administrator.

  2. If the school employee accused of seriously injuring or sexually abusing or exploiting a student is the administrator, the school employee who has reasonable cause to suspect, on the basis of professional or other training and experience, that a student coming before the school employee in the employee’s professional or official capacity is a victim of serious bodily injury or sexual abuse or sexual exploitation shall immediately report to law enforcement officials and the District Attorney. If an administrator is the school employee who suspects injury or abuse, the administrator shall make the report to law enforcement officials and the District Attorney.

  3. The school employee may not reveal the existence or content of the report to any other person.

  4. The administrator who is contacted by a school employee under subparagraph A above, shall report immediately to law enforcement officials and the District Attorney any report of serious bodily injury or sexual abuse or sexual exploitation alleged to have been committed by a school employee against a student.

  5. The report under subparagraphs B or D above, shall include the following information:
  1. Name, age, address and school of the student.

  2. Name and address of the student’s parents or guardian.

  3. Name and address of the administrator.

  4. Name, work and home address of the school employee.

  5. Nature of the alleged offense.

  6. Any specific comments or observations that are directly related to the alleged incident and the individuals involved.

 

Immunity


A school employee who refers a report under subparagraph A or makes the
              report under B above, shall be immune from civil and criminal liability
              arising out of the report.


An administrator who makes a report under subparagraph B or D above shall
              be immune from civil or criminal liability arising out of the report.


Criminal Penalty


A school employee who willfully violates subparagraph A or B commits a
              summary offense; a school employee who, after being sentenced under the
              preceding sentence, violates subparagraph A or B commits a misdemeanor
              of the third degree.

 

An administrator who willfully violates subparagraph B or D commits a
              misdemeanor of the third degree.

 

Duty to Cooperate


Any school employee or administrator is obligated to cooperate with the
              Department of Public Welfare or a county agency when investigating a
              report of suspected child abuse or a report under subchapter C.1
              (relating to students in public and private schools). Any school employee
              or administrator who willfully fails to cooperate with the Department or
              a county agency when making such an investigation commits a summary
              offense for first violation and a misdemeanor of the third degree for
              subsequent violations.


Approved by the School Board - July 24, 1995