Employee Training:
School Employees’
Duty to Report
Sexual Abuse
Allyson Britton DiRocco, Esq.
MORRIS JAMES LLP
Duty to Report (16 Del. C. § 903)
All school employees and school nurses
have a duty to report if they know or in good
faith suspect child abuse or neglect
 The report must be made to Division of Family
Services (1-800-292-9582)
 Staff may also (in addition to reporting to DFS)
make a report to any police officer for the
purpose of rendering assistance to the child in
question or investigating the cause of the child's
injuries or condition.
 Staff should also report to School administration

Civil Penalty
– Whoever is found in violation for failing to
report abuse, shall be liable for a civil penalty
– 1st penalty- up to $10,000
– Subsequent Violations- up to $50,000
Sample School Policy:
Harassment of Students by
Employees

Harassment- verbal or physical conduct that has
the effort of degrading or intimidating another
individual

Harassment may also include intimidating,
offensive, or hostile conduct involving an
individual's race, sex, national origin, color,
marital status, disability, religion, or other legally
protected interests (including civil union status
and sexual orientation)
Sample School Policy:
Harassment of Students by Employees

Sexual Harassment: Unwanted behaviors of a
sexual nature:
– Display of sexually explicit pictures
– Pressure for sexual activity
– Inappropriate touching
– Suggestions or demands for sexual
involvement with threats about the student’s
education
– Any act of sexual harassment under the
Delaware Code
Sample School Policy:
Harassment of Students by Employees
 If
the harasser is an employee,
he/she will be subject to disciplinary
action up to and including termination
Sample School Policy:
Harassment of Students by Employees

If you become aware of harassment,
report it to school administration to be
investigated

If the conduct also triggers your duty to
report good faith suspicions of abuse,
report to DFS immediately and also to
school administration
Possible Red Flags of Abuse of a
Student by an Employee Argued by
Student’s Counsel in Civil Suits
Obvious- kissing, hugging, holding hands
 Communicating with students via cell
phone, email, social media, etc.
 Making inappropriate comments or
complimenting a student’s appearance
 Making sexual jokes, gestures or
comments
 Singling out a certain student for favors or
paying particular attention to a student

Possible Red Flags of Abuse of a
Student by an Employee Argued by
Student’s Counsel in Civil Suits
Driving with students in the car or allowing
students to drive the employee’s car
 Touching, grabbing, sitting on lap or
intentionally brushing up against a student
 Having a student in the classroom alone,
especially with the door or blinds closed
 Spending time with students outside of school or
after school hours (with the exception of school
sponsored extra-curricular events)

Possible Red Flags of Abuse of a
Student by an Employee Argued by
Student’s Counsel in Civil Suits
Changing attendance for a particular
student
 Frequently sending notes to excuse
particular students from being late or
absent from class

WHAT EMPLOYEES
MUST DO
If you have knowledge or a good faith
suspicion of abuse, immediately report it
to DFS
 Additionally, you may report this to a
school administrator and/or the police
 If you are unsure about whether certain
conduct triggers your duty to report,
contact a school administrator immediately
for investigation

STUDENT COMPLAINT
If a student provides you with information
about a student and a teacher interaction
that raises a red flag, it may also trigger
your duty to report to DFS depending on
the information provided.
 If you are unsure of whether it would
trigger your duty to report to DFS, contact
school administration immediately for
further investigation

WHAT NOT TO DO
Do not assume someone else will report
the conduct
 Do not hesitate to make a report because
the employee is your friend or your
superior
 Do not give the employee a “warning” or
“heads up” before or when you make a
report

DUTY TO REPORT
 You
have a mandatory duty to
report under Delaware law.
 You risk civil penalties and civil
liability for failure to report.
 As long as you make a report in
good faith, you have immunity
from civil liability.