UTAH EDUCATORS' RIGHTS PAMPHLET
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Child abuse is a term applied to several kinds of conduct involving a child. Child abuse includes physically striking a student, sexual conduct with a student, and verbally abusing a student. Criminal and civil charges can be brought against an educator. Educators are required by state law to report to local police authorities or the Division of Child and Family Services ("DCFS") suspected cases of child abuse. Some districts direct employees to report suspected child abuse to their building administrator. The building administrator may tell the educator they need not report to the DCFS or police. The advice is wrong. The individual having the reasonable suspicion must make the report; it cannot be delegated.
Recently, the DCFS has conducted several investigations of teachers who have "touched" students for one reason or another which resulted in "findings" of child abuse. Most of the "findings" have been reversed on appeal. Had the finding not been reversed, the teacher's name would have been placed in a computer data base containing hundreds of thousands of names of "substantiated" child abusers. An accusation of child abuse can be substantiated where a child is injured (i.e., bruised) even though the educator did not intend to injure the child. The data base is used for various purposes some of which are not entirely clear. Individuals against whom child abuse charges have been substantiated may not be licensed for employment in certain day care and adult care services. It appears a finding of child abuse is provided to educators' employers and the UPPAC. Until recently, individuals whose names were placed on the data base were not told about the agency action.
Utah law also requires educators who reasonably suspects a school employee has sexually abuse of a student to report the suspicion to the building administrator.
It is a criminal offense to assault another person (students or educators). However, under Utah's criminal code, it is a defense to the charge of assault that an educator acted in place of the parent and administered reasonable punishment under the circumstances.
Utah law prohibits corporal punishment. It is against most district policies for an educator to strike a student except in self-defense, defense of another, or defense of property. Educators who injure a student administering corporal punishment or who continue to administer corporal punishment after being told not to by the district may be terminated-and the UPPAC now challenges the right of an educator to retain his/her license where the educator assaults a student.