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Divided court upholds principal’s conviction of failure to report child abuse

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A split Indiana Supreme Court Thursday upheld a misdemeanor failure to report child abuse conviction against former Muncie Central High School principal Christopher Smith. The dissent believed the state failed to show he had reason to believe an alleged rape was child abuse.

 A fellow student brought 16-year-old G.G. to the assistant principal’s office, where G.G. told Kathy McCord she had been raped by student S.M. in a bathroom at the school. McCord went to Smith and told him of the allegation. At the time, G.G. had been found a child in need of services and was a ward of the Madison County office of the Indiana Department of Child Services. She resided, by court order, at the Youth Opportunity Center in Muncie.

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 the YOC to get consent for medical treatment; Smith believed by calling YOC, DCS would be notified. Smith called DCS approximately four hours after learning about the incident and told the agency he wasn’t sure if he was reporting abuse.

Smith was charged with failure to immediately report child abuse or neglect. A divided Court of Appeals upheld his conviction.

At the heart of Smith’s appeal is whether he knew the alleged rape constituted child abuse, which would require him to immediately contact DCS or law enforcement. Justices Steven David, Mark Massa and Loretta Rush affirmed, holding if Smith’s mistaken interpretation of the law were a defense to his criminal liability, it would remove all incentives from professionals to understand the scope of the statutory duty.

“It would tacitly encourage administrators and other professionals to simply not read the statutes in full because, to sum up Smith’s defense: if you just don’t learn what child abuse is, you’ll never get in trouble for not reporting it. It would reward systemic ignorance in entire school districts and corporations, to the obvious detriment of the very children the statutes are supposed to be protecting. And it would turn the high school principal’s decision-making process, when faced with a traumatized child, into a Bar exam question,” David wrote in Christopher Smith v. State of Indiana, 18S02-1304-CR-297.

Justice Robert Rucker dissented, to which Chief Justice Brent Dickson joined, regarding this point. Rucker noted the charged offense requires reference to no fewer than five separate statutory provisions contained in two different titles and four different articles of Indiana Code. Rucker said the critical inquiry is whether Smith knew or should have known that rape of a minor student by another minor student constituted “child abuse.” The evidence is clear, Rucker wrote, that Smith did not.

The four-hour delay in reporting the incident was not considered “immediately” as the statute requires. The term “immediately” is not unconstitutionally vague as applied to his reporting duty under I.C. 31-33-5-1, David wrote. In addition, Smith’s phone call to the YOC was not a report pursuant to the statute.  
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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