Child Abuse Policy

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INTRODUCTION

All employees of Diamond Charter School (DCS), according to NYS law and Education law, are deemed to be mandated reporters as it relates to the issues of child abuse and the maltreatment of children. The abuse, neglect, and maltreatment of children is a systemic issue to which all employees at DCS have a responsibility, as mandated reporters, to report suspected child abuse and maltreatment in and outside of the educational setting. This policy and procedures document outlines the steps and protocols that must be followed by all employees, volunteers, and trustees of the school in their role as mandated reporters. 

It is important to note that as a mandated reporter, all that is required is that you have a “reasonable cause” to believe that a child is being abused or mistreated. Reasonable cause to suspect abuse or maltreatment is “an objective question that must be answered in light of the information available to the reporter at the time of [the] report.” Information to support reasonable cause does not have to be conclusive but must be more than a hunch or gut feeling and can include personally witnessing an act, observing physical injury, the child exhibiting behavioral issues, or direct statements from the child. 

Mandated reporters who willfully fail to report suspected child abuse or maltreatment may be found guilty of a Class A misdemeanor (punishable by up to one year in jail) and subject to damages. A Diamond Charter School employee also runs the risk of being terminated and/or reported to the Office of School Personnel Review and Accountability (OSPRA) for professional misconduct. 

REPORTING SUSPECTED CHILD ABUSE OR MALTREATMENT OUTSIDE THE EDUCATIONAL SETTING  

Child abuse outside the educational setting or school building refers to incidences that occur by adults or others not employed by the school. Such persons could be parents, relatives, or other children. 

When an employee, trustee, or volunteer of DCS has a reasonable cause to suspect that a child has been abused or maltreated they should follow the steps below: 

  1. Make an oral report immediately to the NY Statewide Center Register for Child Abuse and Maltreatment (SCR) at 1-800-342-3720. If the mandated reporter believes the child is in immediate danger, they must first call 911 or the local police department. Then, notify the statewide registry. 
  2. After making the report, the mandated reporter should then notify their building Social Worker and Principal.
  3. All oral reports must then be followed by a written report, provided by the Commissioner of the New York State Office of Children and Family Services (OCFS), within 48 hours. A copy of the required report can be found here.

Please note that any person who participates, in good faith, in making a report of suspected child abuse or maltreatment is immune from any civil or criminal liability. In addition, the administration of DCS is forbidden to take any retaliation against any staff member for making a report based on reasonable cause to suspect child abuse or maltreatment. 

REPORTING CHILD ABUSE OR MALTREATMENT OF A CHILD IN THE EDUCATIONAL SETTING

In accordance with Article 23-B of the Educational Law, All DCS employees, volunteers, and trustees must document and report all allegations of child abuse and maltreatment in the educational setting at the hands of a school employee or volunteer. Such acts of child abuse and maltreatment by an employee or volunteer of the school is a criminal act and the investigation of the allegations must be and will be undertaken by an external law enforcement agency and not a school representative. 

Below are the steps to be taken once a member of the DCS community learns of an allegation of child abuse or maltreatment at the hands of another DCS employee, volunteer, or trustee.  

In the educational setting refers to allegations being made against a person who works for DCS. The act may have occurred outside the school building. 

Step 1: Written Report and School Administration Notification

  • immediately upon learning of an allegation of child abuse or maltreatment at the hands of a DCS employee, the mandated reporter must complete a written report. A copy of the report form may be found at https://www.nysed.gov/sites/default/files/programs/student-support-services/caes-report-of-allegation-form.docx
  • the mandated reporter should then give the report to their principal and the Director of Human Resources unless the allegation being made is against the Principal and/or Director of Human Resources. In that case the report should be sent to the Executive Director.
  • If the allegation is being made against a person or entity that contracts with the school (i.e., school bus driver, custodian, therapist) the report should be given to the building Principal who will then forward that document to the appropriate supervisor and/or company. 

-In any case where an oral or written allegation is made about the designated school administrator, the report of such allegation shall be made to another administrator designated by the school or the Board of Trustees. 

Step 2: School Administrator Duties

  • Once the Principal or Human Resources receives the written report, they must determine if there is a “reasonable suspicion to believe an act of abuse [in an educational setting] has occurred.”
  • If the person making the initial allegation is not the child victim or the child’s parent, the Principal must ascertain from the person making the allegations the source and basis for such allegations. 
  • The Principal must also then notify the Executive Director who will then notify the Board of Trustees. If the allegations are against the Executive Director the Principal must notify the President of the Board of Trustees. 

Step 3: Parental Notification and Rights

  • The Principal, who has reasonable suspicion that the allegation might be true, must promptly notify the child’s parents, even if the allegations were brought to the Principal by the parent. 
  • The school will also promptly provide the child’s parents with a written statement that sets forth their parental rights, responsibilities, and the procedures that will take place. 

Step 4: Law Enforcement Notification

  • The Principal, who has reasonable suspicion that the allegations might be true, must promptly notify their local police precinct. 

Step 5: Authorizer Notification

  • The Executive Director or their designee will notify SUNY Charter Schools Institute of any reasonable suspicion that an act of child abuse or maltreatment has occured in the educational setting at the hands of a school employee.

Step 6: Commissioner of Education Notification

  • Subsequently and/or concurrently, the Executive Director must notify the NYS Commissioner of Education if allegations are against a staff member whether they are certified or not. The report is done through the NYS Education Department’s Office of School Personnel Review and Accountability (OSPRA) on its form. 

Additional Information:

  • The report and any supporting documents included with the report are confidential and may only be disclosed to persons authorized to receive such information including law enforcement officials involved in the criminal investigation, or by a court-ordered subpoena. Willful disclosure of such materials to unauthorized persons is a Class A misdemeanor punishable by up to one year in jail. 
  • If the report does not result in a criminal conviction, the report must be deleted from all school and personnel records no later than five years from the date the report was written. If a report does lead to a criminal conviction, the district attorney shall provide notice to the Commissioner of Education, the Executive Director where the child abuse occurred, and to the school where the child attends school, if different. 
  • DCS will not take adverse action against employee, volunteer, or supervisor because of the existence of a report that has not been substantiated. Any proposed employment action against an accused employee will be reviewed by the school’s attorney and the Director of Human Resources prior to any action. 
  • DCS will not enter into an agreement with an accused employee or volunteer to have such person resign or submit to voluntary suspension in exchange for a report of alleged child abuse being withheld from law enforcement or educational authorities. Violation of this rule is a felony and subject to a $20,000 fine. 

Reference: This policy was created using the SUNY Charter Schools Institutes document “Guide to Child Abuse.”