The Law in Brief:

• All Violent Felonies must be reported IMMEDIATELY to the police, then to the
  victim's parents and DOE.
• All weapons and unlawful drug offenses on school property or at a school function should be reported to the police and the Delaware DOE,
• When the victim is a school employee, all offensive touchings, assaults III, unlawful sexual contact IIIs and terroristic threatenings, which occur at school or at a school function must be reported to the police (if the offender is at least 9); and also to DOE (regardless of age).
• When the Victim is a student or volunteer, Assault IIIs or unlawful sexual contacts IIIs at school or at a school function between students must be reported to the police (if the offender is at least 9) and to DOE, and the victim's parents (regardless of age).
• Sexual offenses involving school employees as offenders and students as victims must be reported to the police and DOE regardless of where the crime was
  committed.
• Sexual Harassment of students under 18 on school property or at a school function must be reported to the DOE and the parents of the victim (unless the parents are the alleged offenders).
  Important Changes as of 2001
  
  The time frame for reporting information to the police has changed. In 2001, the statute was amended. The statute formerly provided time for a thorough investigation by school staff, and then an additional 3 days for misdemeanors before reporting the crime. We found that those delays compromised law enforcement's ability to effectively gather evidence and investigate these matters.
  Therefore, the law has been changed to require that in all cases where a report is required, the principal shall immediately report the incident to the appropriate police agency. The report shall be made by telephone or in person immediately and shall be followed by a written report within three (3) business days.
  
  This does not mean that school staff should no longer investigate incidents that violate the school code of conduct prior to calling police. However, in cases involving a staff member, possible felonies or sex crimes, it is extremely important to call the police IMMEDIATELY so that they can become involved in the investigation from the beginning if they believe it is necessary.
  
  Persons who have an obligation to report has been expanded. In addition, under the new law, responsibility does not stop with the principal but extends to the superintendent's office and school board as well. The law now, specifically provides:
  

  Under no circumstances shall any person who has supervisory authority over the principal or any school board member exercise any control of, hinder or delay the lodging of any oral or written report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police. A principal (or acting principal if the principal is absent) may not delegate to or rely upon any other person except an assistant principal to make the immediate report to the police. A person with supervisory authority over the principal or any school board member who has knowledge of an incident which is required to be reported under this section, and who has information that would lead a reasonable person to believe that it has not been reported to the police, has an affirmative duty to report the incident to the police immediately. This includes, but is not limited to, incidents in which a school employee is a possible suspect and when an administrative review is ongoing.

  
  Penalty. The failure to comply with the above quoted section of the law, is considered a Class B Misdemeanor for which the penalty may include up to six months incarceration and a fine up to $1,150, restitution or other conditions as the court deems appropriate.
  
  Reports of actual or suspected crimes made by school employees or a principal pursuant to this law are exempt from public disclosure pursuant to the Freedom of Information Act.
  
  It is important that all principals understand that their duties under the school crime reporting law are NOT fulfilled by simply reporting to their superiors. The principal must also report the incident to the police immediately.
  
  
  Additional offenses that must be reported to Department Of Education
  In addition to the school crimes required to be reported under the School Crime Reporting Law, the Delaware DOE has designated certain other incidents that must be reported to DOE:
  
  Pornography, exhibitionism, peeping
  Criminal Mischief
  Evidence of organized gambling offenses
  Offenses involving school property
  Felony theft offenses
  Forgery offenses
  Fraud offenses
  Tampering with public records
  Computer/recorded sounds
  Disorderly Conduct/fighting
  Offensive Touching (non-employee victim)
  Terroristic Threatening (non-employee victim)
  
  These reports must be filed with DOE within 5 days of the incident. Please note that in 2003-2004 school year the Dec. 2002 changes to Regulation 601 will go into effect. Click here for changes

Specific Offenses

Although many offenses are defined in your District's Student Code of Conduct,
it is important to note that the criminal definitions of these offenses may be different than the definition stated in the District's Code of Conduct. When reporting to the DOE and/or police pursuant to the School Crime Reporting Law, the criminal definitions should be applied. You do not want to fail to comply with the legal requirements of reporting because you used the wrong definition when determining if reporting was required. Some of the criminal definitions can be seen by clicking below on the appropriate place.

Offensive Touching.
When the victim of the offensive touching is a school employee and the
alleged perpetrator is at least 9 years old, it must be reported to the principal, and the principal must report it to the police and the DOE. When the offensive touching does not involve a school employee as a victim, then it is not required to be reported under the School Crime Reporting Law (however it still may be reported). Click here for law

Terroristic Threatening:
When the victim of the terroristic threatening is a school employee or the entire school, and the alleged perpetrator is at least 9 years old it must be reported to the principal, and the principle must report it to the police and the DOE. It is recommended that in cases involving a terroristic threatening between students, the school consult with the police especially in cases where there is reason to believe the threat may be carried out, or if the student mentions a gun or specific weapon or means of death. Click here for law.

Note that persons who are 17 years or younger are only charged with a misdemeanor, not a felony if it is a first offense of this section. Also causing a person to believe they have been exposed to a substance that will cause death or serious injury to the individual has been added as an offense that carries with it a $2,000 fine.

When the statute refers to serious injury, this means the same type of injury that would occur in an assault III (substantial pain). Even if it is a conditional threat, (eg. "If you flunk me, then I'll kill you,") it is still considered an offense.

Assault III
An assault III on school property or at a school function must be reported to the principal, and the principal must report it to the police, if the offender is at least 9 years old. In some cases, the parents of the victims may eventually be the ones to decide whether or not to file charges, but the incident must initially be reported to the police. Blood or other physical signs of injury are not necessary if the victim sustains substantial pain. Click here for law.

Sexual Harassment

Sexual Harassment on school property must be reported to the parents of the victim, and to the DOE, but does not have to be reported to the police. However, it is still a crime that may be reported to the police. Click here for law

Drugs
If a student possesses any controlled substances prohibited by Title 16 it must be reported to the police and the DOE

Violent Felonies
All violent Felonies must be reported to the police IMMEDIATELY and to the DOE. A list of these violent felonies can be viewed by Clicking here for the law

The non-drug felony offenses which you are most likely to encounter at a school are defined below: (Remember all of these must be reported to the police and the DOE regardless of the age of the suspected perpetrator).

Extortion Click for law

Robbery II Click for Law

Unlawful sexual contact in the second degree Click for Law

Hate crimes Click for law

Sexual Contact between students and school employees

In 2001, the School Crime Reporting Law was amended so that school employees must report when a student has been the victim of any sexual offense listed in 11 Del C. Section 761 (d) when the school employee has reliable information that would lead a reasonable person to believe that the crime has been committed by another school employee, regardless of whether the offense occurred on school property or off campus. The most significant aspect of the change is that these duties apply regardless of whether the activity occurs on or off school property or at a school function.

11 Del C. Section 761 (d) includes all sexual offenses such as:
Sexual Harassment
Indecent Exposure
Incest
Unlawful Sexual Contact
Rape
Sexual Exploitation of a Child
Unlawful Dealing in Material Depicting a Child Engaging in a Prohibited Sexual Act
Possession of Child Pornography
Sexual Offender residing or loitering within 500 feet of school property
Sexual Solicitation of a Child

This includes Rape in the Fourth Degree which is particularly important to read, specifically because it addresses persons who stand in a position of authority over a child (such as teachers and administrators) Click for law

The amendments did not change the requirement that all incidents in which a student is a victim of a violent felony on school property or at a school function, including Unlawful Sexual Contact II, be reported to the police immediately, regardless of who the suspected perpetrator is.

THE INFORMATION CONTAINED ON THIS WEBSITE IS INTENDED TO PROVIDE A GENERAL OVERVIEW OF ISSUES RELATED TO SCHOOL LAW

* The information contained on this website is intended to provide a general overview of issues related to school law. While the Attorney General's Office has made every effort to ensure that the material included reflects the Delaware law as of August 1, 2002, it should be noted that the information is subject to constant change. Although the information presented strives for accuracy, it should not be taken as legal advice. School administrators should consult their school district's attorney or Deputy Attorney General for guidance on specific questions or cases.