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World-Herald editorial: OPS policy is inexcusable

Simply put, the Omaha school district is wrong.

Wrong for administrators not to have immediately notified law enforcement authorities with the first report of a possible sexual assault on a child by a teacher.

Wrong to be in a situation where a parent had to be the one to notify police that a possible crime had been committed.

Wrong to justify their actions — or inactions — even after former middle school teacher Shad Knutson was let go.

Wrong for administrators and school board members to defend their policy and practices, even when a state statute is clear that those who work with children are required to report possible mistreatment of children.

Wrong to say they have no intention to immediately change the policy and practices.

The position of the Omaha school board and administration is that a student making an unfounded accusation could harm a teacher’s reputation. There undoubtedly are times when a disgruntled student (and perhaps a parent) makes such a complaint simply to go after a teacher.

That still is no excuse. Perhaps there is a city or town somewhere with a Police Department that cannot be trusted to handle sensitive cases or to adequately investigate serious accusations. Perhaps there are places where unfounded accusations are often mishandled and the reputations of innocent people harmed. That is not the case in Omaha.

The Omaha Police Department has skilled and experienced investigators who know how to tackle a case and separate fact from fiction. They are led by senior officers who are professionals with a history of integrity, discreetness and sound judgment.

Moreover, the final decision on whether a crime has been committed is in the hands of two of the best prosecutors in the history of the city: Douglas County Attorney Don Kleine, whose office handles felonies, and City Prosecutor Marty Conboy, who handles misdemeanors.

School administrators are not trained investigators. They are not experienced or skilled interrogators of accused persons or gatherers of information from victims and witnesses. They are not skilled at gathering evidence without tainting it.

Omaha Public Schools officials have an obvious conflict of interest in investigating one of their own. Law enforcement authorities are trained and experienced in protecting not only victims but also the rights of the accused.

In short, there is no excuse for not immediately notifying authorities in Omaha whenever any individual or entity, including Omaha Public Schools, receives a complaint or obtains any information indicating that a crime may have been committed. Especially against a child.

Perhaps school officials believe that the state statutes aimed at giving children special protection against predators and abuse are too restrictive or have flaws. If that is the case, they should go the Legislature and seek a change in the law.

We do not allow anyone — let alone a school district, which is a governmental entity itself — to simply ignore a law it does not like.

Nebraska citizens, through the elective and representative process that exists in this country, have determined that there are such serious threats to the well-being of our children that they need this special protection of a law mandating the immediate reporting to authorities of possible harm to children. This is a state law that apparently has been serving the state well, with adherence by doctors, hospitals and others whose responsibilities include the care and supervision of children.

It is a state law, not a district policy to be debated and determined by the school board, the superintendent and his administration. It is a law that, unless repealed or modified through the state legislative process, must be followed by everyone, including Omaha Public Schools.


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