When must a NC public school principal report an act of indecent liberties with a minor to law enforcement, and what's the age cutoff?

Plain-English summary

The surviving portion of this AG letter addresses when a school principal must report "indecent liberties with a minor" to law enforcement under G.S. § 115C-288(g). The opinion ties that duty to G.S. § 14-202.1, which it says criminalizes the specified conduct when the victim is under 16. The stored text lacks the opening request and earlier analysis. Source

The AG's stated trigger is personal knowledge or actual notice from school personnel that an act violating G.S. § 14-202.1 "has occurred." The letter does not say that mere allegations, without that knowledge or notice, are sufficient. It also does not assign investigation to law enforcement as a substitute for the opinion's stated trigger. Source

The opinion cautions that other statutes and regulations may go beyond § 115C-288(g). It quotes 16 NCAC 6C.0312(b), which required reporting to the Superintendent of Public Instruction when a principal knew or had substantial reason to believe a certified employee engaged in behavior involving physical or sexual abuse of a child. It also cites G.S. §§ 115C-288(e), 115C-400, and 7A-543, plus the accompanying Chapter 7A provision, without analyzing their application to particular facts. Source

Currency note

This is a 1998 opinion with an incomplete stored original. Check the full opinion and current reporting statutes and regulations for any present incident.

Background and statutory framework

The opinion states that § 14-202.1 covers the specified indecent-liberties conduct when the victim is under 16 and reads the principal's § 115C-288(g) duty in connection with a violation of that criminal statute. It does not cite or analyze another offense involving a school employee and student. Source

Common questions

What knowledge did the AG say triggers this particular reporting duty?

The letter says "personal knowledge or actual notice from school personnel" that an act violating § 14-202.1 has occurred. It does not resolve every question about suspected or alleged conduct. Source

Did the AG say the duty under § 115C-288(g) covers a victim who is 16 or older?

For the indecent-liberties offense it discussed, the AG tied the duty to § 14-202.1's under-16 victim element. The letter notes that other reporting provisions may go beyond this specific duty. Source

Did the opinion identify a separate school-employee sexual-offense statute?

No. The surviving text identifies § 14-202.1 and cites other reporting provisions, but does not name or analyze a separate school-employee offense. Source

Citations from the opinion

• N.C. Gen. Stat. § 14-202.1
• N.C. Gen. Stat. § 115C-288(e), (g)
• N.C. Gen. Stat. § 115C-400
• N.C. Gen. Stat. § 7A-543
• 16 NCAC 6C.0312(b)

Source

• Landing page: https://ncdoj.gov/opinions/powers-and-duties-of-principal/

Original opinion text

Best-effort transcription from the NCDOJ landing page; the opening paragraphs were not in the scraped capture, so the text below begins where the capture starts. The linked landing page is authoritative.

• 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