Why Arizona educators who don’t report suspected abuse could face felony charges

Maricopa County Attorney Rachel Mitchell said educators who fail to follow Arizona’s mandatory reporting laws if they suspect child abuse could face felony charges.

Mitchell told KTAR News 92.3 FM’s The Mike Broomhead Show on Wednesday all school employees must complete training laying out the guidelines for reporting incidents if there is any reasonable belief a child is or has been abused physically, sexually or via neglect.

“If they fail to report, they are subject to criminal prosecutions for doing that. It is a felony for failing to report a sex offense. It’s a Class 1 misdemeanor for failing to report physical abuse or neglect. But on top of that, they can also be sued,” Mitchell said.

Mitchell said the training requires educators to act but also protects them from further legal ramifications if they aren’t involved.

“It’s not training educators to be investigators. It’s training educators on what their requirements are on reporting and when it’s required that they report. And my thing would be to say, ‘Please don’t investigate,’” she said.

Peoria case puts Arizona’s mandatory reporting laws in spotlight

The focus on mandated reporting comes after two former teachers at a Peoria Unified School District high school were accused of having an inappropriate relationship with a student.

One of the accused Centennial High School teachers, 47-year-old Angela Burlaka, voluntarily surrendered her teaching certification on Jan. 26, the same day the district fired her.

The district fired the other teacher, 27-year-old Haley Beck, for violating its sexual harassment policy on March 26. Her teaching certificate remains under investigation by the State Board of Education.

On Tuesday, Superintendent of Public Instruction Tom Horne accused Peoria Unified of failing to follow Arizona’s mandatory reporting statute in the Centennial case.

He told KTAR News 92.3FM the allegations should have been reported to the Maricopa County Attorney’s Office, State Board of Education and Arizona Department of Child Safety.

“They did refer the case to the county attorney, which I think reduces the criticism. … They’re still not consistent with state statute,” he said.

However, Peoria Unified School District Superintendent KC Somers told Centennial families that district officials met their legal obligations for mandatory reporting.

The Peoria Police Department is conducting an investigation into the case, which Mitchell said falls under Arizona’s mandatory reporting laws.

“In this particular Peoria incident, it is such a … horribly strange case where you have two teachers basically competing over one student, and that’s the allegation. That seems to me, if that’s even out there, would seem to me to be a motivator to report it because it’s outrageous,” she said.

Funding for this journalism is made possible by the Arizona Local News Foundation.

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