CUYAHOGA COUNTY, Ohio — A Berea man was charged for allegedly groping his step-daughter while she was in school online late last month. A teacher at the Ohio Virtual Academy saw what happened and notified police, which is exactly what she was supposed to do under Ohio's mandatory reporting rules.
Officers arrested the man, who is a registered sex offender with a record of an offense involving a child, on a charge of sexual imposition.
The Ohio Virtual Academy issued a statement about what happened, saying it takes its obligations as a mandatory reporter seriously. The school is also making counselors available for students.
The case shines a light on Ohio’s mandatory reporting rules for sexual assault.
Michael Benza, who is the Senior Instructor of Law at Case Western Reserve University School of Law, says the idea of imposing a duty on those professionals who work with children, like teachers, doctors and nurses, has been going on for more than 45 years.
Teachers and other professionals working with children are responsible for identifying concerns that a child is at risk for physical, emotional or sexual abuse.
Once a teacher makes that identification, the law requires them to file a report. Teachers are not required to investigate or to talk to the victim.
“We trust our teachers with our children. They spend as much and sometimes more of a child’s waking hours together than they do with their parents, and so we hope that our doctors, our nurses, or teachers, are aware of the risks that children face and will step in where other people may not,” Benza said.
As our technology advances, Benza says teachers can see inside their students’ lives in a way that might have been hidden in the past.
On the other hand, Benza says it also has raised other concerns dealing with students' living and studying conditions, and if teachers should be allowed to see it.
Still, Benza and Ohio Education Association President Scott DiMauro re-emphasize the importance of mandatory reporting.
“Cases of abuse and neglect are very unfortunate and relatively rare, but still far too common for us to take comfort,” DiMauro said.
Without mandatory reporting, Benza says some people may be hesitant to speak up, whereas this legal duty holds professionals like teachers, doctors and nurses accountable.
Benza doesn’t have an answer as to whether virtual teaching has allowed teachers to report more situations of mistreatment.
But he says it has provided another avenue where a teacher may be able to identify if something is happening, as was the case with the Ohio Virtual Academy teacher.
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