An Administrator's Guide to California Private School Law

Chapter 11 – Mandated Reporting

without an explanation, or with an inconsistent explanation, or an explanation that does not comport with a diagnosis? Finally, consider a child’s demeanor. As someone with frequent contact with children, a mandated reporter may be in the best position to observe changes in behavior. Watch for drastic changes in mood or behavior. Watch for excessively aggressive behavior, violent tendencies, cruelty to other children or animals, visible depression, and expressed suicidal or homicidal ideations. Be aware, however, that there can be many reasons a child’s behavior changes, such as divorce, an argument with a friend, or a death in the family. Not every change in behavior is a sign of abuse of neglect. B. S EXUAL A BUSE A ND /O R E XPLOITATION 1. W HAT I S S EXUAL A BUSE ? Sexual abuse includes sexual assault and sexual exploitation. 1854 Sexual assault is generally defined as forcible rape, sodomy or incest, child molestation, and lewd and lascivious conduct. 1855 It includes any oral, anal, or genital intercourse, exposing oneself to a child, or exposing a child to a sex act. Intentional touching of “intimate parts,” or the clothing covering them, for the purpose of sexual arousal or gratification, is also sexual abuse. 1856 It does not include normal caretaker responsibilities, such as bathing a child, demonstrations of affection, or valid medical procedures. 1857 Sexual exploitation of a child includes depicting a minor engaged in obscene acts (e.g., the making, selling or distributing of child pornography) or knowing involvement in child prostitution (e.g., sex trafficking). 1858 Any sexual contact between an adult employee at your school and a minor is reportable child abuse. 2. D UTY T O R EPORT S EXUAL A BUSE B Y A M INOR A ND /O R P EER Under certain circumstances, mandated reporters are required to make mandated reports based on a minor’s sexual conduct. Where consensual sexual conduct is between minors, it is not considered child abuse if:

 Both minors are under the age of 14, and they are of similar age and cognitive ability. Although the court has not defined “of similar age,” we treat it to mean within one year of age difference.  Both minors are 14 years of age or older. Consensual sexual activity between two minors, both of whom are at least 14 is not considered reportable abuse, unless it is incest.

Thus, a mandated reporter has a duty to report child abuse when he or she has a reasonable suspicion that a child 13 or younger is engaged in sexual activity with a person of “disparate age”, or a person older than 14, regardless of whether the sexual activity appears consensual. Essentially, the law presumes that under these circumstances, meaningful consent cannot occur.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 417