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State panel backs expanding protections for reporting abuse

Dec. 6, 2011 7:55 pm
DES MOINES - A task force looking at Iowa's child sexual abuse laws will ask legislators to protect from employer retaliation anyone who reports inappropriate activity similar to scandals that have been uncovered at colleges in Pennsylvania and New York.
Members of the Iowa Child Sexual Abuse Prevention Task Force also approved proposals for a model policy in educational settings aimed at protecting young people from sexual abuse by adults or peers, as well as increased funding and emphasis on training and awareness for a broad range of adults.
The panel plans to hold one more meeting to consider expanding mandatory reporting requirements for top college professionals and coaches, clergy members and possibly others, and a separate proposal to seek legislative approval to extend or eliminate the statute of limitation for civil or criminal sanctions for felony sex crimes against children.
“Exempting clergy or any other like professionals from mandatory reporting requirements fosters and accommodates these cultures of secrecy and sends the worst message possible, that they are not subject to the same laws that govern the rest of us,” Bill LaHay, a survivor of child sexual abuse, told the task force members. “In doing so, it guarantees that more children will be victimized.”
The task force, which initially focused on developing policies to train professionals who are required to report suspected abuse to the state Department of Human Services, has expanded its scope in the aftermath of unfolding abuse scandals that have led to high-level firings at Penn State University and Syracuse University.
“It doesn't matter how many mandatory reporters you have, if there's no follow-up, it doesn't matter,” said task force member Carol Hinton. “If nothing else, the Penn State thing has brought the issue out of the closet.”
Stephen Scott, director of Prevent Child Abuse Iowa and head of the task force, said Iowa law provides civil liability protections for people who submit reasonable reports of child sexual abuse but those protections do not extend to employment repercussions. Members of the panel believe that loophole should be addressed in the 2012 legislative session.
“What we see at Penn State were people who didn't act bravely in serious circumstances - all the way from janitors to assistant coaches up to the very top,” Scott said. “We have to make people more aware but also make it easier for them to take the right step.”
Last month Gov. Terry Branstad said a discussion about extending Iowa's mandatory reporting requirements to include college-level officials is warranted in light of allegations of sexual abuse at Penn State.
Rep. Julian Garrett, R-Indianola, an ex-officio task force member who sits on the House Judiciary Committee and a House-Senate justice systems budget subcommittee, expressed concern that some areas of state law regarding sexual abuse of children are “nebulous,” ambiguous and lax in his opinion.
“There's internal reporting that's required, but it just seems to me that gives the potential ability to sweep things under the rug that shouldn't be swept under the rug,” he said.