Recent allegations that Jerry Sandusky, a famous assistant football coach at Penn State University who worked under "Legendary" Head Coach Joe Paterno for years has been charged with numerous counts of sexually abusing young boys on and off the Penn State University campus. At least one of Sandusky's assaults was witnessed by a graduate assistant and was reported to Coach Paterno who then relayed it up the University's chain of command. None of these individuals, however, notified the authorities despite the graphic and explicit nature of the report. Now, Paterno and other officials at Penn State have been terminated for their failure to notify the police.
One interesting aspect of this case is the discussion around who had a legal obligation to notify the authorities of the alleged abuse. These individuals are typically referred to as "mandated reporters." It seems that authorities do not believe Paterno had any legal obligation to report the abuse allegations that were reported to him, but many, including me, feel he fell short of his moral obligation to report what he understood to be the sexual molestation of a young boy(s). This fact has led many to suggest there is a need to broaden the legal requirements as to who must report child abuse to the authorities.
Minnesota has its own mandated reporter statute, Minn. Stat. § 626.556. It is a criminal statute that requires any person engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, law enforcement, or clergy to report any neglect, physical or sexual abuse of a minor that the mandated reporter knows or has reason to know occurred within the last three years. The report may be oral, but must be followed by a written report within 72 hours of the oral report, unless the agency receiving the oral report notifies the mandated reporter that the verbal report was sufficient.
If you are a mandated reporter it is very important to report the suspected abuse right away. Failure to notify the proper authorities may constitute a gross misdemeanor, which is punishable by up to a year in prison and a $3,000 fine.
If a mandated reporter makes a good faith report of suspected abuse, the employer of that individual may not retaliate against them for making the report. This is important because an employer will often times apply direct or indirect pressure on an employee to not report outside the organization to avoid any negative publicity or other consequence. This internal pressure can serve as a powerful deterrent to someone who is required to report abuse under the law. In addition to receiving protection under the mandated reporter statute, the employee would most likely be protected under Minnesota's Whistleblower Statute, Minn. Stat. § 181.932, as well. Under these statutes, an employee who proves she was retaliated against for making a report can recover damages for her wage loss, emotional distress, attorneys' fees and costs, as well as a penalty against the employer of up to $10,000.
The bottom line is that if you are a mandated reporter you should immediately report any suspected neglect, physical or sexual abuse of a minor to the authorities immediately.
