In the years that I worked in law enforcement and was assigned to work the majority of child-abuse and sexual-abuse cases in our county, I numerous times was hindered in obtaining the truth by school officials. Instead of notifying law enforcement when they received reports which indicated the possibility of a crime being committed, whether it was a child with bruises or an account of possible sexual abuse, officials often took it upon themselves to conduct their own investigations first. And, by the time law enforcement was finally notified -- if notification was ever made -- physical evidence was gone, children's stories were tainted by previous interviews and, in some cases, any possibility of criminal proceedings was pretty much nil. That, in some cases, meant abuse went on and the child victims were helpless to stop it.
I take no pleasure in writing a story or column which could discredit school officials or staff. I'd really rather not, but sometimes things need to be put into the light of day before anyone will face it and deal with it. That is a role newspapers and reporters play when others would cover things up. And I say cover up for two reasons: 1. Allegations were not reported to the police but investigated internally. 2. Notes on only one student interview were released and not all.
I write this column because I am grieved to receive through the school partial reports of what could be a crime. Yet, when I check with the police, they have received no notification or reports from either parents, students or the school. And, according to school officials, the matter seems to be pretty much resolved with the accused party under no disciplinary action.
I'll tell you my opinion, as I did the school superintendent whom I regard as a friend. I am grieved the school did its own investigation rather than notifying law enforcement immediately when the first report came in. And, I am grieved this is not the first time something like this has happened in the Gentry School District, as Gentry police reports can document.
Perhaps in Kansas, where I served, the statutes against battery and assault were more strict; but if someone angrily laid hands on another person and left marks and bruises, it was battery. If I witnessed it, I could arrest immediately. If it was a report and the victim was not in any immediate danger, I filed an affidavit with the court and an arrest warrant was issued. Guilt or innocence was determined in the courts, based on evidence and testimony.
I looked up the statute in Arkansas. Simple battery usually requires some intent to injure another, but why would one squeeze a leg or shoulder hard enough to leave bruises if there was no intent. And assault can be as simple as speaking or acting in such a way as causes a person to fear bodily harm.
So is it assault or battery if a coach becomes angry, yells and screams at a player, and leaves marks and bruises on a player by squeezing a shoulder or a leg? I might think it is. The school district apparently says no. But the police should do the interviews and gather the evidence, with the final decision left to the prosecuting attorney and the courts, based upon evidence and testimony. School officials were not hired to be law-enforcement investigators, prosecuting attorneys or the courts.
Another thing I am still trying is figure out is why the superintendent sent to the school board and copied to me his notes on an interview with one of the minor student victims. Yet, when I asked for the rest of his notes, he says he can't release them. I don't believe he can have it both ways. How much better it would have been to have police investigate! The press would have been able to obtain copies of certain reports and affidavits but the names of children would have been removed to protect them, as required by law.
As things stand now, I could publish the names of two alleged victims and possibly even a third. (I have their names. One was released by a parent at a school board meeting and another by the schools in an email. The third I have just learned about.) I haven't because I respect their rights as victims and don't want to subject them to the possibility of any retaliatory action, whether that be by students or staff at the school or others outside the school.
There is much about this matter I don't understand. If I were a betting man -- and I'm not -- I believe I could safely bet money that if a student became angry, yelled and screamed at another student and then put a hand on them which left bruises, the newspaper would be notified of a student's expulsion hearing before the school board and a student would be expelled for the remainder of a school year or maybe even for a full calendar year. Yet, if -- and I say if because a proper investigation of this has not been done based on the notes and documents I have thus far received from the school -- a teacher or a coach loses his temper, yells and screams at a student and grabs a student in such a way as to leave bruises still visible a week later, apparently no disciplinary action follows, nothing happens. I can understand why parents feel the administration is sweeping this under the rug. Does the school's policy against bullying not apply to teachers and coaches? The student handbook lists as a ground for suspension or expulsion: "bullying behavior -- treating others in an overbearing or intimidating manner." Does this not, at least in principle, apply to staff?
And while yelling, screaming and even some physical abuse may have their place in military and police academies where recruits are being taught to be in control of their words and actions under extreme circumstances, I can't help but wonder what we are teaching our children when we say it's OK for a coach to be controlled by his or her anger and speak and act in a way which is the opposite of what we try to instill in our children. If it's OK on the basketball court or athletic field, is it OK in the home with our spouses or with our own children when they make mistakes? What about in the work place? Aren't there better ways to tell people they failed to do what was asked of them? And, just perhaps, if coaches could control themselves and better communicate with their student players what they wanted them to do, their teams would have more success? After all, I doubt it's easy for a student athlete to focus on what he or she should be doing in a game when there's just been a tongue lashing and public humiliation before teammates, fellow students and fans!
Randy Moll is the managing editor of the Westside Eagle Observer. He may be contacted by email at [email protected]. Opinions expressed are those of the author.
Editorial on 05/12/2015