Utah Code 53E-6-701: Mandatory Reporting of Physical or Sexual Abuse of Students

This law adds specific duties when the person suspected of abusing a student is a school employee. The requirements of this law are in addition to, not a replacement for, the general duty to report to DCFS or law enforcement under Utah Code 80-2-602.

53E-6-701. Mandatory reporting of physical or sexual abuse of students.

(1) For purposes of this section, "educator" means, in addition to a person included under Section 53E-6-102, a person, including a volunteer or temporary employee, who at the time of an alleged offense was performing a function in a private school for which a license would be required in a public school.

(2) In addition to any duty to report suspected cases of child abuse or neglect under Section 80-2-602, an educator who has reasonable cause to believe that a student may have been physically or sexually abused by a school employee shall immediately report the belief and all other relevant information to the school principal, to the superintendent, or to the state board.

(3) A school administrator who has received a report under Subsection (2) or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by an educator shall immediately report that information to the state board.

(4) Upon notice that an educator allegedly violated Subsection (2) or (3), the state board shall direct UPPAC to investigate the educator's alleged violation as described in Section 53E-6-604.

(5) A person who makes a report under this section in good faith shall be immune from civil or criminal liability that might otherwise arise by reason of that report.

Who is an 'educator'?

For the purposes of this law, an "educator" includes licensed personnel (like teachers and administrators), volunteers, and temporary employees performing functions that would otherwise require a license.

What is 'physical' or 'sexual' abuse?

For the purposes of this law, 'physical abuse' is abuse that results in physical injury or damage to a child. 'Sexual abuse' includes acts or attempted acts of sexual intercourse, sodomy, incest or molestation by an adult directed towards a child. It also includes acts or attempted acts by a child under certain conditions defined in the law.

The Three-Step Reporting Process

When there is a "reasonable cause to believe" that physical or sexual abuse has occurred, there is a two-step reporting process to be followed by the educator and administrator. Take a moment to review the reporting duties of educators and administrators to understand the two-step reporting process.

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Step 1: The General Duty

You must immediately report the suspected abuse or neglect to the Division of Child and Family Services (DCFS) or to the nearest peace officer or law enforcement agency.

Step 2: Educator's Duty

If an educator has "reasonable cause to believe" a student has been physically or sexually abused by a school employee, they must immediately report that suspicion and all other relevant information to the school principal, the superintendent, or the State Board.

Step 3: Administrator's Duty

Upon receiving such a report, the school administrator must immediately report that information to the State Board.

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