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COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

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A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.

In November 2010, 16-year-old high school student G.G. reported to school officials that she had been raped in a bathroom by 16-year-old student S.M. Smith and other school leaders decided to investigate the claim before alerting police or the Department of Child Services because G.G. had allegedly previously faked a seizure and they did not want to ruin S.M.’s reputation.

The school immediately called G.G.’s guardian Youth Opportunity Center, as G.G. was placed there years earlier by DCS, so they could get consent for medical treatment. Smith believed by contacting YOC, DCS would also be notified. G.G. was taken to the hospital and evidence showed sexual contact. Smith called DCS approximately four hours after learning about the incident and told the agency he wasn’t sure if he was reporting abuse.

S.M. initially denied the claim, then said the sex was consensual, but eventually confessed to raping the teen.

Police initially investigated Smith for obstruction of justice, but later charged him with failure to immediately report child abuse or neglect. He was convicted as charged and on appeal argued that he and the other administrators involved didn’t think the incident involved child abuse since it was between two teenagers.

Judges Elaine Brown and L. Mark Bailey reversed in Christopher Smith v. State of Indiana, 18A02-1204-CR-331, pointing to evidence that Smith had another administrator contact YOC, which immediately contacted DCS. They also found that a reasonable investigation into the claim made in good faith of such an allegation before making the report is not improper and doesn’t deprive Smith of statutory immunity.

Judge Nancy Vaidik argued in her dissent that Smith had reason to believe G.G. was a victim of child abuse and failed to immediately report it. She didn’t accept Smith’s claim he notified DCS immediately by virtue of the call to the YOC or the majority’s decision that permits verification of a child’s allegations of abuse before making a report.

“I believe such a verification process is contrary to statute and, if permitted, may have the highly undesirable result of suppressing or deterring reports of abuse,” she wrote.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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