A recent ruling of the U.S. District Court for the Eastern District of Michigan involving Ann Arbor Public Schools demonstrates the importance of properly handling suspected child abuse. In its opinion, the court partially denied the district’s motion to dismiss claims against the district, its elementary principal, and the contracted bus transportation company, stemming from multiple incidents of alleged child abuse. See Nelson-Molnar v Ann Arbor Pub Sch, Docket No. 23-CV-11810 (ED Mich, 2024).
A parent of a special education student filed the lawsuit, claiming that the school had wrongfully discriminated against and violated her child’s civil rights when it failed to prevent and report child abuse sustained by the student. Specifically, the parent alleged that the student’s bus aide assaulted the student by attempting to carry the student to his assigned seat, restraining him in a harness, and repeatedly striking him, all of which was captured on surveillance camera.
Shortly after this incident, students reported to school officials another assault on the student by the same bus aide. Upon hearing both child abuse reports, school officials did not report the incidents to Michigan Child Protective Services or law enforcement. School officials also did not notify the student’s parent of the alleged abuse until a month later. Initially, school officials refused to allow the parent to view the surveillance video of the incident. Interoffice communication demonstrated that school officials knew of the child abuse and chose not to report it. The lawsuit also cited supporting evidence indicating that other child abuse allegations were made against the contracted bus company and that bus aide.
The parent brought eight claims against the school and the bus company, including violations of the student’s 14th Amendment Due Process rights, discrimination under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Michigan’s Persons with Disabilities Civil Rights Act, as well as failure to report child abuse under Michigan’s Child Protection Law and intentional infliction of emotional distress.
In ruling on the school’s motion to dismiss, the court concluded that sufficient information existed for several of the claims to proceed to trial, including claims of wrongful discrimination under state and federal law.
This case serves as a reminder of the importance of reporting any suspected child abuse or neglect. Critically, school employees designated as mandatory reporters under Michigan’s Child Protection Law must immediately file a report with Michigan Child Protective Services when they have “reasonable cause to suspect child abuse or neglect.” Importantly, school officials do not need direct evidence to file a report, but only a reasonable suspicion that abuse or neglect is occurring. Mandatory reporters include, but are not limited to: teachers, school administrators, school counselors, social workers, and child care providers.
If you have any questions on Michigan’s Child Protection Law or how to handle reports of child abuse and neglect, please contact a Thrun attorney.