Cloud County Attorney Rob Walsh has confirmed that two Concordia Junior/Senior High School students have been charged with assault in relation to an incident against another student that occurred late last year. The incident did not occur on school property.
At this time, at the request of the County Attorney, the Blade-Empire will not release the names of the students charged.
A Special Prosecutor appointed to the case found that USD 333 did not violate its "mandatory to report" clause in dealing with this incident.
The Cloud County Sheriff's Department investigated the incident and forwarded its findings to the Cloud County Attorney's office. Walsh subsequently transferred a portion of the case involving allegations against USD 333 to Starla Nelson, an attorney and former judge who was appointed Special Prosecutor.
"I did not want there to be any conflict of interest at all in this," Walsh said.
In an exclusive interview with the Blade-Empire, Nelson stated that she was appointed to consider charges against the USD 333 school district for violation of the 'mandatory to report' clause of Kansas Statutes Annotated (K.S.A.) 38-2223. "This was in regard to this matter only with the school district," said Nelson. "I did not handle any juvenile offender considerations of this case."
A school district mandatory to report clause refers to a legal provision within a school district policy that requires staff members, like teachers and administrators, to report suspected cases of child abuse, neglect, or certain criminal activity to the appropriate authorities, such as child protective services or law enforcement, if they have reasonable suspicion that such incidents occurred; essentially making them "mandated reporters" by law.
Specifically, Kansas Statutes Annotated (K.S.A.) 38-2223: Requires reporting child abuse or neglect to the proper authorities. The clause may outline specific situations that trigger a mandatory report, such as physical abuse, sexual abuse, emotional abuse, neglect, or exposure to dangerous situations.
This clause is typically based on state laws that mandate reporting of suspected child abuse or neglect, meaning school staff are legally required to report if they believe a child is being abused.
Nelson chose not to file charges against USD 333 based on the information she had received. "With what I received," Nelson said, "I did not conclude that the school district had triggered their mandatory to report clause, and charges were not filed."
