September 8, 1998
Jonathan A. Blumberg Tharrington Smith 209 Fayetteville Street Mall
P. O. Box 1151 Raleigh, NC 27602-1151
Re: Advisory Opinion; Powers and Duties of Principal; G.S. § 115C-288
Dear Mr. Blumberg:
On behalf of the local boards of education that you represent, you have asked for an opinion from this office regarding the meaning of the phrase "indecent liberties with a minor" as it appears in
- G.S.
- § 115C-288(g).
- G.S.
- § 14-202.1, which makes it a crime to take indecent liberties with "children," criminalizes the specified conduct if the victim is under the age of 16 years. In our opinion, the General Assembly intended to require principals to report "indecent liberties with a minor" to law enforcement officers in order to facilitate the investigation and prosecution of crimes in schools. Therefore, it is our opinion that the principal’s obligation to report under this statute arises when he or she has personal knowledge or actual notice from school personnel that an act involving indecent liberties with a minor in violation of G.S. § 14-202.1 has occurred, i.e., when the minor victim is under the age of 16 years.
While we believe that the above interpretation of G.S. § 115C-288(g) is consistent with the General Assembly’s intent, we are constrained to note that other statutes and regulations may go beyond the statute’s requirements. For example, the regulations of the State Board of Education provide that a principal who:
knows or has substantial reason to believe that a certified employee of the LEA has engaged in behavior that would justify revocation of the employee’s certification . . . and which behavior involves physical or sexual abuse of a child shall report that information to the Superintendent of Public Instruction.
16 NCAC 6C.0312(b). See also G.S. § 115C-288(e); G.S. § 115C-400, in conjunction with G.S. § 7A-543 and 552.
Please do not hesitate to contact us should you have further questions.
signed by
Thomas J. Ziko Special Deputy Attorney General