Ri Attorney General "Outraged" over Comments from Dcyf

By Parker Gavigan
NBC 10
February 12, 2016

http://turnto10.com/i-team/ri-attorney-general-outraged-over-comments-from-dcyf

[with video]

During a taping of 10 News Conference Friday, Rhode Island Attorney General Peter F. Kilmartin said he was "outraged" over recent comments made by the Department of Children, Youth, and Families related to reporting sexual abuse of children.

The comments were made on the heels of the scandal that has plagued the elite St. George's School in Middletown. Alumni and former students have alleged rape and sexual misconduct by teachers from the 1970s and 80s and said the school did nothing to help them or report the alleged abuse.

On Thursday, the NBC 10 I-Team uncovered a more recent police report from Middletown, where in 2005, a former student told police he was sexually molested by his dorm master in the fall of 2004. He told a detective he was touched inappropriately about 15 times.

Police investigated the teacher, identified by the report as Charles Thompson, but closed the case with no corroborating evidence of an assault. The school told police he took a leave of absence and that families in his dorm were notified. However, lawyers for some alumni and the student involved in the 2005 report said St. George's did not report to police or child protective services, other student complaints they allegedly received about Thompson.

"There was an absolute legal obligation in 2004 to make reports to social services," said Carmen Durso, a Boston attorney who is representing the former student and alumni. "Why did the school not take action? Why were teachers allowed to continue there? Why were students put in a situation like this, continually, even after they made complaints?"

Rhode Island General Law 40-11-3 specifically states "any person who has reasonable cause to know or suspect that any child has been abused or has been the victim of a sexual abuse has 24 hours to report that information to Rhode Island's Department of Children, Youth and Families." There are no exceptions for schools, principals or headmasters.

"We think the statute is very clear, that there isn't any grey area there, and I think that its deliberately clear, so that everyone realizes they are in fact a mandated reporter," said Peg Langhammer, executive director of Day One in Providence, an advocacy group for victims of abuse and sexual assault.

Day One is helping St. George's alumni across the country by facilitating access to therapists.

But is the state law clear? DCYF, the agency to turn to for help, is interpreting the law differently.

"We have no jurisdiction to investigate a school incident unless there is a custodial relationship between the alleged abuser and the child," said Denis Riel, a spokesperson. "Those relationships are when the alleged abuser is a parent or guardian; or the child is, by court decree, in our care and custody."

The statement has some, including Kilmartin, scratching his head.

"That goes against everything that's been in practice for years. Candidly, I'm outraged by it," said Kilmartin. "This is an agency charged with protecting children. Our position is if someone is in a school and in the custody and care of a child, in that school atmosphere and they are aware of an abuse, they have a duty to report it to DCYF."

Kilmartin said school officials could be prosecuted by his office for failure to report abuse.

St. George's, along with an organized group of alleged victims, has agreed to a third party investigation. Rhode Island State Police have also begun their own investigation.During a taping of 10 News Conference Friday, Rhode Island Attorney General Peter F. Kilmartin said he was "outraged" over recent comments made by the Department of Children, Youth, and Families related to reporting sexual abuse of children.

The comments were made on the heels of the scandal that has plagued the elite St. George's School in Middletown. Alumni and former students have alleged rape and sexual misconduct by teachers from the 1970s and 80s and said the school did nothing to help them or report the alleged abuse.

On Thursday, the NBC 10 I-Team uncovered a more recent police report from Middletown, where in 2005, a former student told police he was sexually molested by his dorm master in the fall of 2004. He told a detective he was touched inappropriately about 15 times.

Police investigated the teacher, identified by the report as Charles Thompson, but closed the case with no corroborating evidence of an assault. The school told police he took a leave of absence and that families in his dorm were notified. However, lawyers for some alumni and the student involved in the 2005 report said St. George's did not report to police or child protective services, other student complaints they allegedly received about Thompson.

"There was an absolute legal obligation in 2004 to make reports to social services," said Carmen Durso, a Boston attorney who is representing the former student and alumni. "Why did the school not take action? Why were teachers allowed to continue there? Why were students put in a situation like this, continually, even after they made complaints?"

Rhode Island General Law 40-11-3 specifically states "any person who has reasonable cause to know or suspect that any child has been abused or has been the victim of a sexual abuse has 24 hours to report that information to Rhode Island's Department of Children, Youth and Families." There are no exceptions for schools, principals or headmasters.

"We think the statute is very clear, that there isn't any grey area there, and I think that its deliberately clear, so that everyone realizes they are in fact a mandated reporter," said Peg Langhammer, executive director of Day One in Providence, an advocacy group for victims of abuse and sexual assault.

Day One is helping St. George's alumni across the country by facilitating access to therapists.

But is the state law clear? DCYF, the agency to turn to for help, is interpreting the law differently.

"We have no jurisdiction to investigate a school incident unless there is a custodial relationship between the alleged abuser and the child," said Denis Riel, a spokesperson. "Those relationships are when the alleged abuser is a parent or guardian; or the child is, by court decree, in our care and custody."

The statement has some, including Kilmartin, scratching his head.

"That goes against everything that's been in practice for years. Candidly, I'm outraged by it," said Kilmartin. "This is an agency charged with protecting children. Our position is if someone is in a school and in the custody and care of a child, in that school atmosphere and they are aware of an abuse, they have a duty to report it to DCYF."

Kilmartin said school officials could be prosecuted by his office for failure to report abuse.

St. George's, along with an organized group of alleged victims, has agreed to a third party investigation. Rhode Island State Police have also begun their own investigation.