Boca Raton Police to Review How 2014 Fondling Case at St. Andrew's School Was Investigated

By Emily Miller
Sun Sentinel
August 25, 2016

http://www.sun-sentinel.com/local/palm-beach/boca-raton/fl-st-andrews-wednesday-20160824-story.html

[with video]

Boca Raton police are taking a fresh look at a 2014 student-fondling case in which St. Andrew's School officials allegedly knew of a sex crime on campus and failed to report it, an agency spokeswoman said Wednesday.

Police plan to look into why the department didn't fully explore the school's lack of reporting two years ago. "We're going to look into it further to find out why it wasn't addressed at that time," Boca police spokeswoman Officer Sandra Boonenberg said.

In May 2014, a 15-year-old freshman told a school counselor, dean and student resident coordinator at the Boca Raton private school that she was fondled over her clothing by an 18-year-old male senior in the girls' dorm.

None of the school officials reported the allegation to the Boca Raton Police Department or the Department of Children and Families, according to a Boca Raton police report.

The girl's mother later reported the fondling to police, and it resulted in a felony battery charge against the 18-year-old.

Florida law requires school officials and personnel to report suspicion of child abuse to law enforcement authorities or to a child abuse hotline — or face a third-degree felony charge. Child abuse is defined as the "intentional infliction of physical or mental injury upon a child."

The police department notified the Department of Children and Families in 2014 of the alleged sexual misconduct and initially said it did not investigate the school's lack of reporting because the incident involved two students, not a parent, caregiver or legal custodian.

In cases of suspected childhood sexual abuse when the perpetrator is 18 or older, and not in a caregiver role, law enforcement should be notified directly, said David Frady, spokesman for the Florida Department of Children and Families. Florida law says the definition of sexual abuse includes "the intentional touching of the genitals or intimate parts."

Boca police's decision to review the matter comes amid the current turmoil over the release of an investigative report Friday that accused the school of ignoring a teacher's inappropriate relationship with boarding students.

The school announced Wednesday that it's shaking up its leadership, including finding a new director of resident life.

"Part of this change includes reassigning — and in some cases, relieving — key leadership responsibilities," interim headmaster Jim Byer said in an email message to families. "This change is most evident in our resident life program, where I have hand selected a team of resident faculty to oversee dormitory life."

The school didn't elaborate beyond its statement on whether anyone would be terminated. Byer said the team will report directly to him.

Also on Wednesday, the school said it's unclear why the 2014 student-fondling case was not reported.

"We have had a recent change in school leadership, and our current leader only just learned of this matter," the school's statement read. "We are working to fully understand the facts. As such, it would be premature to comment on the actions of specific individuals."

Maria Schneider, a Broward assistant state attorney who has overseen juvenile prosecutions, said any kind of sexual misconduct involving a minor should be reported to police.

"If there's sexual contact, that's a felony," said Schneider, who is not involved in the Boca Raton case. "I don't know of any school that has a policy where they don't report felonies. If they knew and didn't report it, shame on them."

When questioned by Boca Raton police in 2014, the student resident coordinator said the girl had indicated she told the older student he could touch her, a police report said.

The girl told police she had said, "No."

The school official also told the girl the school would investigate, according to the police report.

State law says no one under the age of 16 can consent to sexual acts. Schneider said determining whether a crime has taken place should be left up to law enforcement.

"That's a call that should not be made by a teacher," Schneider said. "I don't think anyone who is not law enforcement really has the ability to make that decision."

The 15-year-old was sent to counseling sessions, and the 18-year-old's case was resolved when he wrote a letter of apology and agreed to perform 50 hours of community service. The girl's family has since retained an attorney.

"The failure to report is astonishing," said Adam Horowitz, the attorney representing the 15-year-old girl. "If a private school keeps matters of sexual abuse in house, it places students at risk."

This marks the second case made public this week in which documents indicated the school at 3900 Jog Road took insufficient action to protect students.

A school-commissioned investigation found the school for two years ignored a teacher's inappropriate relationship with students. The accused teacher, Christopher W. Waite, 41, was fired last November, only after a boy enrolled at the school spent four nights at Waite's on-campus apartment.

A law firm reported the allegations against Waite to police in May. Police found no evidence of any crime, and Waite is not facing charges. Waite couldn't be reached for comment this week despite attempts by phone.

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