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Recognizing & Reporting Possible Child Abuse

Report Suspected Abuse

If you have a reasonable basis to believe that a student is a victim of child abuse, Kansas law requires you to report your suspicions of abuse or neglect to the Kansas Department of Social and Rehabilitation Services or the local law enforcement agency. Kansas teachers are mandated reporters under the Code for Care of Children (K.S.A. 38-1501 et.seq.).

The failure to report suspected physical, sexual or mental abuse of a child 18 years of age or younger, can result in criminal prosecution of the mandated reporter. Reporting your suspicions to your building principal or any other member of the administration does not satisfy your obligation under Kansas law.

You may file your report of suspected abuse anonymously to either the Department of Social and Rehabilitation Services (SRS) by phoning 1-800-922-5330 or to local law enforcement officials. There is no time frame within the law that the oral or written report must be made. The Code for Care of Children also provides civil immunity from prosecution if the report is made in good faith.

Signs of Possible Abuse

Physical Abuse

• Bruises, welts, black eyes,burns, frequent injuries.
• Reluctance to sit down; possibly cannot hold a pencil.
• Reluctance to change clothes for Physical Education.
• Wearing long sleeves even in hot weather.
• Complaints of pain without obvious injury.
• Evidence of poor self-concept.
• Frequent absences or tardiness without reasonable explanations.
• Coming to school early and staying late.
• Aggressive, disruptive, destructive behavior.
• Passive, withdrawn, fearful of other children or adults.
• Manipulative or distrustful attitude or child is “too eager” to please.
• Chronic running away, especially in adolescents.
• Lack of expression of anger or pain; absence of joy.
• Complaints of beating or other harsh treatment.

Sexual Abuse

• Any significant change in attitude or behavior at school.
• Complaints of pain/itching in genital area or evidence of trauma in genital area.
• Unusual odors around genital area.
• Torn, stained, or bloody underclothing.
• Difficulty in walking or sitting.
• Pregnancy in young child.
• Unusual seductive behavior.
• Drawings or writing may have strong, often bizarre sexual theme.
• Overly sophisticated knowledge or interest in sexual acts or vocabulary.
• Expression by child or other children of his/her being sexually involved with an adult.

Preventing False Accusations

In recent years, there has been a significant increase in the number of teachers being investigated for child abuse. Touches or hugs can lead to accusations of sexual abuse or “conduct unbecoming a teacher.” Even if a child’s parents choose not to sue or to file charges at the time of any accident or other incident, the child can do so when he or she reaches 18. There are cases where a classroom incident long since forgotten has come back to haunt a teacher years later in the form of civil charges.

One of the teacher’s most cherished possessions is his or her reputation. To guard yours, take these simple precautions:

• Don’t ever leave your class unattended. Be sure your students understand your classroom rules and regulations. Make sure students are adequately supervised on field trips.
• Corporal punishment is inconsistent with current educational trends and may not be permitted by your employer’s policy – the school board policy under which you work. Any physical contact with a student increases the risk of being accused of inappropriate physical or sexual contact.
• If you must use physical force to protect another from being injured, the law permits you to use only that force that is reasonably necessary. You should only use physical force to prevent one student from injuring another.
• A hug or a pat on the back may be fine for primary-age children if initiated by the child, but refrain from touches that may be misinterpreted by older children.
• While details are still fresh in your mind, write a description of the events leading up to any incident that you think may cause you liability problems later on.

Of course, your membership in NEA, KNEA and your local association provides a wide array of legal protection. This includes a $1 million liability policy* that protects you if a civil or criminal suit is brought against you as a result of your teaching duties.

If you are a member of KNEA and are accused of child abuse, contact your local UniServ Director immediately. You will be provided with advice and support to assist you in this traumatic situation.

*See the actual policy language for specific coverage