A professional dilemma for teachers — how would we react as child and youth workers?

Don't Turn Teachers Into Cops

Suppose you were a school employee and witnessed this: On a bus full of middle school students, Jeff threatens to beat up Dexter if he won't trade a Pokémon card. Or you see Teresa and Robert, students in a coed physical education class, teasing each other in a manner that becomes physical and sexual.

Under New York criminal law, Jeff could be liable for assault. Robert could be liable for sexual abuse. Now the City Council is considering a bill that would require a school employee who believes such crimes have occurred to report to the police — or face criminal misdemeanor charges and jail time. The bill, known as Intro 933, responds to recent disclosures of sexual abuse of students by a teacher. But it catches up in its dragnet all manner of innocuous conduct — and offers little assurance that sexual abuse will be recognized or reported.

It would require school employees to make a police report when they have reasonable cause to believe a crime has occurred involving the health or safety of a child. Even the threat of such a crime would have to be reported, including cases when the incident occurs away from school during extracurricular activities.

The bill would deputize school workers and charge them with enforcing criminal law. Trained cops often have trouble determining when there is probable cause to make an arrest. Under Intro 933, a teacher could go to jail for not knowing what "reasonable cause" means.

The proposal all but invites the criminalization of innocent and harmless conduct, and it would involve police in matters that are more appropriately the responsibility of teachers, parents and students. It also would erode the confidentiality rules that protect students who seek help from health care professionals and drug counselors in the schools.

Just last autumn, Schools Chancellor Harold Levy introduced far-reaching regulations that require Board of Education employees to report to the police all allegations of school-related crimes that endanger students, staff or the school community. Has the Council considered meaningful enforcement of these regulations by educating school employees and students about what sexual misconduct is and what to do when it occurs?   Apparently not. Intro 933 is a product of the "ready, fire, aim" approach to public policy. The bill is on a fast track — up for a vote by the Education Committee tomorrow, days after its introduction. It is a phenomenon we see nationwide in the wake of highly publicized incidents of school violence. And the result is almost always misguided.

Let me be clear: The New York Civil Liberties Union does not condone criminal conduct by teachers or students. But we're well aware of the injustice that can be worked when a criminal statute is not precisely drafted and when it is not carefully tailored to address the perceived harm. Intro 933 fails on both counts.

In the interest of justice — and the safety of students and teachers — the Council should withdraw it. We ask school employees to undertake their duty to children responsibly. We should ask no less of Council members. 

By DONNA LIEBERMAN and ROBERT A. PERRY
http://www.nydailynews.com/2001-06-13/News_and_Views/Opinion/a-114672.asp