Education for Justice FACT SHEET Y-7 Fall 2009
WHEN A SCHOOL EMPLOYEE
HURTS A STUDENT
REPORTING MALTREATMENT
WHAT IS MALTREATMENT?
When someone is hurt or treated badly by someone else, that is maltreatment. Maltreatment of a student by any employee of a school falls into 3 groups. They are physical abuse, sexual abuse and neglect.
Examples of physical abuse are:
- If a student is hurt on purpose like hitting or spanking.
- Using too much force that causes physical or emotional harm.
- Threatening a student with harm.
- Emotional or mental abuse that makes it hard for the student to function.
- Inappropriate sexual contact by any staff member.
- Threatened sexual abuse
School staff should protect students from harm and care for them if they are hurt. Students must be supervised. It is neglect if this doesn’t happen. Neglect can also be if a school does not have enough staff or if staff is not properly trained.
State law says that The
WHO REPORTS MALTREATMENT?
Some people are “mandated reporters”. A mandated reporter HAS to report maltreatment. By law they have to tell the MDE or the police if they hear about or know about any maltreatment of a student by a school employee. They have to report it within 24 hours of learning about it. School districts cannot retaliate (get back at) against an employee who reports allegations of maltreatment. Some jobs automatically make a person a mandated reporter.
Mandated reporters include:
CAN I REPORT MALTREATMENT?
Anyone else who knows about the maltreatment can report it. If you believe or suspect that a student is being neglected or abused in any way you should report it. Try to make the report within 24 hours of finding out about it. But, things that happened in the last 3 years can be reported as well.
If you report maltreatment your name is kept confidential. Only the agency that you send the report to knows who you are. Your name cannot be disclosed unless you give permission.
Reports have to be made to the MDE. Do not make the report to a principal, social worker, superintendent, human resources managers, counselors, or other school staff.
HOW DO I MAKE A REPORT?
Maltreatment reports can be made by telephone, letter or fax. Some schools may have a form to give you. You can also get the forms you need and other information online at www.education.state.mn.us
Student Maltreatment Program- Division of Compliance & Assistance
1500 Highway 36 West
You will need to give the name of the student, the staff person, and any witnesses. You will also need to give a description of the abuse or neglect and your name and address.
THE INVESTIGATION
· When MDE staff gets a report, they review it.
· If necessary, the report will be sent to other agencies or to the MDE’s special education unit.
· The report will be investigated by the police, by MDE alone or by MDE working with the school.
· The MDE and the police can look at any school records that have to do with the maltreatment report.
FINAL REPORT
The MDE will do a final report of the incident.
· The MDE will decide if the maltreatment happened or not.
· The final report will not give the identity of the reporter, the student, the accused staff person or witnesses.
· If they decide that maltreatment happened, the results must be given to the victim’s parents, the accused staff person, the principal, and the school board. If the employee is licensed the appropriate licensing agency will be told also.
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