Smith v. State

Assistant Principal  12:20-12:25 Nov. 9, 2010

Principal  12:38

Nurse  12:40

Police Officers acting as Security Officers  

Youth Opportunity Center (YOC) 

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• Tried to reach the assistant superintendent for procedures.

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• YOC would send a driver to take GG to emergency room. 1:00

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• Questioned SM 1:25

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• Locker search by Officer Edwards

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• After group interview for administrative position, Sloan (HR director) called the Superintendent. 4pm.

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• Superintendent advised Smith to contact Department of Child Services.

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• Sloan called the child abuse hot line. They advised him to contact the police. 4:30

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• Smith contacted YOC at hospital and asked if they intended to report the allegation. 4:50
• HS should report it.

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• Sloan called the district's chief of security and asked hypothetically what to do. He said call the police. Sloan informed him.

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• Lipscomb went to the hospital and met with Officer Edwards.
• Smith arrived 5:30
• Left for board meeting at 6:10

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• Smith, Muncie Central or the district ever directly contacted the police department to report the rape.

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• Hopper began investigation of SM
• Plead guilty

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• Investigation shifted to Smith
• Why he did not contact police --or DCS sooner

Judgement

• Charged Smith with failure to report GG's allegation to DCS or law enforcement (class B misdemeanor)

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• 120 days jail, suspended to probation
• 100 hours of community service
• fine $100.00

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• Smith appealed claiming the evidence was insufficient to sustain his conviction
• States that student-on-student rape was a crime not child abuse

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• Judgement stands

Time is of the essence.