7000 - Personnel

7302 Reporting Crimes, Acts of Violence, Child Abuse/ Neglect and Communicable Diseases

A. DUTY OF ALL EMPLOYEES TO REPORT TO DEPARTMENT OF SOCIAL SERVICES

All employees shall report or cause to be reported to the local Department of Social Services any situation in which he or she has cause to suspect child abuse or neglect involving a student of the Pender County Schools, as required by policy 4240/7312, Child Abuse – Reports and Investigations.

B. DUTY OF TEACHERS AND TEACHER ASSISTANTS TO REPORT TO PRINCIPAL ACTS OF VIOLENCE

In addition to the requirements of section A above, a teacher, student teacher, substitute teacher, voluntary teacher, or teacher assistant shall report to the Principal acts of violence in school and students suspended or expelled from school as required to be reported in accordance with State Board of Education policies.

C. DUTY OF PRINCIPALS TO REPORT

1. Duty of principals to report crimes to law enforcement

In addition to the requirements of section A above, principals shall report as required by policy 4335, Criminal Behavior. When the Principal has personal knowledge or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law or possession of a controlled substance in violation of the law, the Principal shall immediately report the actto the appropriate law enforcement agency. A principal who willfully fails to report to law enforcement as required by this policy may be subject to demotion or dismissal. For purposes of this policy, "school property" shall include any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the Principal.

2. Duty of Principal or the Principal's designee to notify Superintendent or Superintendent’s designee of reports to law enforcement

The Principal or the Principal’s designee shall notify the Superintendent or the Superintendent's designee in writing or by electronic mail regarding any report made to law enforcement under this policy. This notification shall occur by the end of the workday in which the incident occurred when reasonably possible but not later than the end of the following workday.

3. Duty of Principal to notify parents or guardians

The Principal or Principal’s designee shall provide prompt notice to the parents or legal guardians of any student alleged to be a victim of any act required to be reported to law enforcement under this policy.

4. Duty of Principal to report to local health director

A principal who has reason to suspect that a person within the school has a communicable disease or communicable condition declared by the North Carolina Commission for Public Health to be reported, shall report information required by such Commission to the local health director of the county in which the school or facility is located.

D. DUTY OF SUPERINTENDENT, ASSISTANT SUPERINTENDENT, ASSOCIATE SUPERINTENDENT, PERSONNEL ADMINISTRATOR AND PRINCIPAL TO REPORT TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION

Any superintendent, assistant superintendent, associate superintendent, personnel administrator or principal who knows or has reason to believe that a licensed employee of the Pender County Schools has engaged in certain behavior as defined below in this section D shall report that information to the Superintendent of Public Instruction no later than five working days after the date of a dismissal or other disciplinary action or the acceptance of a resignation based upon that conduct. The behavior or conduct of the employee which must be reported under this section D is that which involves “physical or sexual abuse” of the child (as defined below) and which would justify revocation of the employee's license for any of the following reasons:

1. conviction or entry of a plea of no contest, as an adult, of a crime if there is a reasonable and adverse relationship between the underlying crime and the continuing ability of the person to perform any of his/her professional functions in an effective manner;

2. final dismissal of a person by a local board pursuant to G.S. 115C-325(e)(1)b., if there is a reasonable and adverse relationship between the underlying misconduct and the continuing ability of the person to perform any of his/her professional functions effectively; or

3. any other illegal, unethical or lascivious conduct by a person, if there is a reasonable and adverse relationship between the underlying conduct and the continuing ability of the person to perform any of his/her professional functions in an effective manner.

For purposes of this section D, the term "physical abuse" shall mean the infliction of physical injury other than by accidental means and other than in self-defense and the term "sexual abuse" shall mean the commission of any sexual act upon a student or causing a student to commit a sexual act, regardless of the age of the student and regardless of the presence or absence of consent.

E. DUTY OF SUPERINTENDENT TO REPORT

In addition to the requirements of sections A and D above, the Superintendent shall notify the Board of Education of all reports received from principals under section C.2. above.

The Superintendent shall establish a procedure by which the crimes andoffenses specified inState Board of Education Policy HRS-A-000 are reported to the State Board of Education within five school days when they occur on school property or on a school-sponsored field trip. 
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Legal References:

G.S. 115C-12(21), -47(56), -288(g), -307, -400;  130A-136; State Board of Education Policies HRS-A-000, TCP-A-020 (16 NCAC 6C.0312)

Cross References:

Child Abuse – Reports and Investigations (policy 4240/7312), Criminal Behavior (policy 4335)

Adopted:

September 13, 2010

Last Updated:May 10, 2016

 

Legal References:
115C-288(g), 115C-307, 115C-47(56), State Board of Education Policy HRS-A-000, 115C-400, 16 NCAC 6C.0312, 130A-136
Cross References:
Child Abuse – Reports and Investigations (policy 4240/7312), Criminal Behavior (policy 4335)
Adopted:
Monday, 13 September 2010
Last Updated:
Tuesday, 10 May 2016