Lawsuit: Arkansas Mandated Reporter Case

“Monday, the Arkansas State Board of Education dismissed ethics complaints against two Blytheville educators accused of violating the state’s mandatory reporter statute.

Former Blytheville Primary Principal Veda Struble and former BPS Vice Principal Dee Keiter — both now teachers in the district — entered into a “release and settlement agreement” with the State Board, which dismissed the ethics complaints that they failed to notify the Arkansas Child Abuse Hotline of a potential child sex abuse case, allegations that led to termination recommendations in May 2012.

Both have pending lawsuits against the district in Mississippi County Circuit Court. In June 2012, the school board modified Superintendent Richard Atwill’s original recommendation to terminate both Struble and Keiter’s contracts, instead stipulating that “the superintendent is directed to place the employees in a non-administrative position, if available.”

“This release and discharge is not applicable to the Blytheville School District, specifically regarding a pending ‘Appeal of Termination of Contract Under Teacher Fair Dismissal Act’ in Circuit Court of Mississippi County, Arkansas,” the settlement reads.

The attorneys for Struble and Keiter — Jim Harris and Mike Bearden, respectively — argued that a teacher or administrator should not be required, as a matter of law, “to undertake knee-jerk reactions and ignore their personal education and training.”

They noted the statute does not mandate a report with any suspicion; instead, it requires a “reasonable suspicion.”

“One must have some of the facts to form an opinion, or a suspicion, which meets the reasonable threshold,” they argued.

Struble and Keiter have maintained that the incident that led to the termination of their administrative positions was not a reportable incident under the Arkansas mandated reporter statute.

They were successful in arguing that to the State Board of Education.

Atwill’s certified letters to Struble and Keiter said they were suspended with pay, effective May 17, 2012, and he intended to recommend that the board terminate their contracts.

According to the letter, his reasons were: “Notwithstanding that you were in possession of information concerning (redacted) that, if true, would constitute child abuse or maltreatment, and that as a licensed educator you are a mandatory reporter of child abuse, you did not notify the Arkansas Child Abuse Hotline concerning this information, which was a serious breach of your duties as an educator.

“After receiving the letter (redacted) had written, from Ms. (Wesley) Freemyer, in which she stated she had been sexually abused, you informed Ms. Freemyer you would take care of it, meaning you would call it in to the hotline. You did not follow through with calling the hotline, ask Ms. Freemyer if she had called or maintain a chain of custody of the letter as evidence of abuse.”

The Arkansas Mandated Reporter Statute reads: “An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline if he or she: (1) Has reasonable cause to suspect that a child has: (A) Been subjected to child maltreatment; or (B) Died as a result of child maltreatment; or (2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.”

A portion of the Blytheville School District policy in place at the time said that it is “the statutory duty” of certified school district employees who have reasonable cause to suspect child abuse “to directly and personally report these suspicions to the Arkansas Child Abuse Hotline.” It also says notifying local or state law enforcement does not satisfy the duty to report; only notifying the hotline does.

However, another part of the policy reads: “The duty to report suspected child abuse or maltreatment is a direct and personal duty, and cannot be assigned or delegated to another person. There is no duty to investigate, confirm or substantiate statements a student may have made which form the basis of the reasonable cause to believe that the student may have been abused or subjected to maltreatment by another person; however, a person with the duty to report may find it helpful to make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment or neglect has occurred, or to rule out such a belief.”

Struble and Keiter were ultimately re-employed for the 2012-13 school year under non-administrative contracts. Their attorneys said they were pleased to have “their excellent record with the Arkansas State Board of Education cleared.”

Atwill said he couldn’t make any comments on the situation because of it being a personnel matter.”
Ethics claims against local educators dismissed

[Blythville Courier News 7/10/13]

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