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Elizabeth school board votes to fire 3 employees accused of failing to report child abuse

The principal, assistant principal and counselor each face a misdemeanor charge.

ELIZABETH, Colo. — EDITOR'S NOTE: When this story was originally broadcast Monday night on 9NEWS at 9 and 10, we included a photo of individuals who are not connected to this story. The use of this photo was a mistake. We regret the error.

Three staff members at Elizabeth Middle School lost their jobs Monday night, days after prosecutors charged them with failing to report suspected child abuse.

The district said its actions are the result of Superintendent Dan Snowberger's investigation into allegations that complaints from students made last spring about a teacher did not result in reports to law enforcement or the Department of Human Services under Colorado's mandatory reporting law.  

The principal, assistant principal and counselor each face a misdemeanor charge. The 18th Judicial District Attorney's Office said right now, they will not be charging the teacher. The teacher will remain on paid leave. 

The superintendent will do his own investigation into this teacher. A spokesperson for the district said just because there are no charges doesn't mean there will be no disciplinary action.

During the meeting on Monday night, school board members didn't comment on the criminal case. 

The district attorney's office told 9NEWS the three administrators charged all received an email alleging a teacher inappropriately touched a student.

From Thursday: 3 suspended Elizabeth Middle School staffers facing charges

Under Colorado's mandatory reporting laws, a mandatory reporter, such as a counselor or school administrator, should report a suspected case of child abuse or neglect to a local law enforcement agency, or through the child abuse reporting hotline system. 

According to Snowberger, concerns about a teacher were reported to leadership at Elizabeth Middle School last spring but were not passed along to law enforcement or district officials. District leadership said they learned about the allegations in late September when they were reported directly to police, according to Snowberger.

From Nov. 16: Elizabeth Middle School staff failed to report concerns about teacher, superintendent says

In an October meeting with Colorado's Mandatory Reporting Task Force, the Colorado District Attorneys' Council shared between 2010 and 2020 there were only 70 failure to report cases. Most were dismissed after people agreed to take additional training.

"Colorado does require a number of professionals - about 40 of them - to report child abuse," said Stephanie Villafuerte, Child Protection Ombudsman. "We give them no training. There is no training that is mandatory for citizens."

Villafuerte is on the task force to represent the Office of the Colorado Child Protection Ombudsman. She issued a report in 2021 recommending state lawmakers clarify mandatory reporting laws. 

"There is a lot of ambiguity about the legal language, and many people don’t understand when they are supposed to report and under what circumstances," she said. 

The task force wasn't created to look into people who deliberately choose not to report. Instead, they're focused on making the law clearer so people who want to help a child know when to call police. 

"We want to, as a task force, make sure the law is clear so that kids can get the help the soonest we can get it to them," she said. 

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