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The problem of sex abuse in schools is very serious. Whether committed by a fellow student, a teacher, coach or principal, we must do everything we can to stop sex abuse in all places, including schools.

New Jersey School Sex Abuse – Reporting Requirement

Schools in New Jersey are required to report suspected cases of sex abuse of students to law enforcement. New Jersey has a special law under the administrative code, chapter 16, Programs to Support Student Development.

New Jersey Administrative Code section 6A:16-6.3(d) provides:

The designated school official, as defined by (b)1 above [school principal, responsible staff member, chief school administrator], shall immediately notify the designated law enforcement official whenever any school employee in the course of his or her employment develops reason to believe that a crime involving sexual penetration or criminal sexual conduct has been committed on school grounds, including on a school bus or at a school-sponsored function, or by or against a student during school operating hours or during school-related functions or activities.

This law was also adopted into the Uniform New Jersey State Memorandum of Agreement between Education and Law Enforcement Officials. This special agreement, which was approved by the New Jersey Department of Law & Public Safety and the New Jersey Department of Education, also mandates reporting of sexual offenses against a student.

Suggested: New Jersey Teacher Arrested for Sexual Abuse

Section 4.12 of the Memorandum of Agreement provides:

Requirement to Report Sexual Offense

Subject only to the provisions of Article 4.2 and 4.3 of this Agreement, it is agreed that (designated school official) shall immediately notify (designated law enforcement official) whenever any school employee in the course of his or her employment develops reason to believe that a crime involving sexual penetration or criminal sexual contact has been committed on school grounds, pursuant to N.J.A.C.6A:16-6.3(d).

The administrative code section and the Memorandum of Agreement section make no distinction between sex abuse committed by a teacher, school administrator, student, etc. Rather, New Jersey schools must report any act of criminal sexual conduct which occurs at the following:

  • on school grounds,
  • on a school bus,
  • at a school-sponsored function,
  • by or against a student during school operating hours or
  • by or against a student during school-related functions or activities.

If a school fails to adhere to this mandatory reporting requirement, the school may be liable when the perpetrator continues to abuse the victim and/or other victims.

Related:

Get a Free Consultation with Brian Kent, Former Sex Crimes Unit Prosecutor and Now Civil Sex Abuse Lawyer

Sex abuse victims deserve justice, and former prosecutor, Brian Kent, fights tirelessly on behalf of his clients. For more information, contact Brian Kent. Brian offers free consultations to victims of child sex abuse and child molestation, especially in a school situation.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

 Posted by on June 13, 2013 School/Teacher Sex Abuse