I read with great interest the Oregonian's recent coverage of rapes and sexual assaults at Reed College, and the school's response to complaints by women students. The article said that Reed discouraged women who reported being sexually assaulted from reporting the crimes to police, but urged them to present their complaints to student-run honor boards.
A school such as Reed, that attracts a diverse group of brainy intellectuals, must get a number of 17-year-olds among its entering classes. Chapter 419B, Oregon Revised Statutes, requires certain groups of people, including all school employees, licensed professional counselors, psychologists, regulated social workers, and physicians to report suspected incidents of child abuse. "Child" means an unmarried person under the age of 18, and "abuse" includes rape, sexual abuse, and unlawful exposure to a controlled substance that subjects a child to a substantial risk of harm to the child's health or welfare.
So if a 17-year-old Reed student tells an employee of the college that she has been sexually assaulted, Reed's employee has a duty to report the charge to the police and not just to the honor board at Reed College. A Reed employee who knows of a charge of sexual assault but fails to report to the police has committed a Class A violation (ORS 419B.010). I'm assuming that a college is a "school" -- ORS Chapter 419B requires school employees to report suspected child abuse but does not define "school" -- but as Reed's website describes Reed students entering from high school and going on to law school or medical school, Reed must consider itself a school also.
There's unfortunately no similar statute to protect 18-year-olds at Reed, but it sounds from the newspaper reports as if the school should ensure that its employees know their legal duties to protect minor students. As I read the statute, they also have a duty to report to the police information that 17-year-old students are in the presence of illegal drugs, but I doubt that Portland's finest have enough officers to deal with the influx of calls that would result.
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