Gov. Ralph Northam silent as Virginia law on schools reporting crimes is under scrutiny - WJLA

ARLINGTON, Va. (7News) — After two alleged sex crimes at two Loudon County public high schools, many parents are asking for more transparency including why did Virginia lawmakers pass a law last year that allows a school district to decide if it alerts law enforcement about a laundry list of misdemeanors, including any sexual battery, when it occurs on campus.

The most recent incident -- an alleged sexual assault of a student at Stone Bridge High School which was reported to the Sheriff's Department by the district. The second -- an alleged sexual battery of a student at Broad Run High School, which under the new law doesn't have to be reported, but the District did alert the Sheriff.

Last year, multiple education associations supported the new bill, House Bill 257, including the Virginia Education Association and the Virginia School Board Association. Republican Todd Gilbert, who is the minority leader in the Virginia House, was against the proposed new law and is now demanding change.

A school shouldn’t be a bubble for discretion to be exercised over what is or what isn’t a crime or what is or what isn’t a felony by school administrators. It should be a place where children should feel extra safe and not free to be assaulted physically or sexually and not have the police be involved, says Gilbert.

Virginia Governor Ralph Northam signed the bill into law. In Arlington on Friday I-Team Investigative Reporter Scott Taylor attempted to ask Northam if he still thought the law was a great idea.

After the Governor answered two questions from other media outlets, Renzo Olivari, a member of former Virginia Governor Terry McAuliffe’s media team blocked 7 News from asking any questions.

“Awesome. Ok, thank you very much,” says Renzo Olivari with McAuliffe’s media team.

“Governor, I would like to ask you one question. I want to ask you about Loudon County why are you,” asked Scott Taylor.

“I got to get back,” said Governor Northam.

Why are you not allowing us to ask a question? You deliberately didn’t allow 7 News to ask a question. Why is that?" asked Taylor to Olivari.

A few moments later.

“Thanks, everybody. Thanks for coming,” says Olivari.

“You came over earlier and asked if I have questions. Can you explain why you ignored those questions?” asks Taylor.

“Thank you,” says Olivari.

After the Governor didn't answer our questions we reached out to the governor's office asking the governor to answer the following questions:

1. Last year you signed a bill into law that gave school officials the ability not to report misdemeanor sex crimes to law enforcement, which created less transparency for parents and students. In light of two recent alleged sex crimes by the same student in Loudon County Public Schools, can you explain to parents and students why you believe that law was a great idea?

2. With that lack of transparency on a laundry list of crimes not having to be reported to law enforcement, why should parents believe schools are safe in Virginia?

The Governor's Office emailed 7 News this response:

Hi Scott — you and I both know the basic fact: The police get called immediately whenever someone says a serious crime happened at school. That was true before 2020, and it’s true now.

Now, let’s talk about the minor change to the law in 2020. Before that, too many tiny infractions triggered too many calls to the police—tying up the police’s time, diverting the school’s time onto paperwork and away from educating kids, and perhaps most importantly introducing criminal records for minor infractions best handled by school authorities.

Here’s what that looked like: Under the old law, the school was required to report lower-level criminal incidents to the police regardless of how minor the incident. For example, if a kid kicked a trashcan over, the school was required to take time out of the classroom to fill out paperwork and report that kid to the police. Of course, schools still have the authority to report any incidents that may be criminal to law enforcement. But no kid anywhere deserves a permanent record for littering—that’s why Virginia changed this law.

Right now, any incident at school that may be a felony must be reported to police immediately. Sexual assault at school, such as the allegations of what happened in Loudoun, must absolutely be reported to police. We continue to expect schools and law enforcement to work together if any incidents happen at school that present a threat to health, safety or well being of students or staff.

I would also note that the law explicitly states that any criminal activity in school must be reported to parents. Here is that section: Further, except as may be prohibited by federal law, regulation, or jurisprudence, the principal shall also immediately report any act enumerated in clauses (ii) through (v) of subsection A that may constitute a criminal offense to the parents of any minor student who is the specific object of such act. Further, the principal shall report that whether the incident has been reported to local law enforcement as required by law pursuant to this subsection and, if the incident is so reported, that the parents may contact local law enforcement for further information, if they so desire.

Alena Yarmosky, Senior Communications Advisor

Office of Governor Ralph Northam

Earlier Friday, Loudoun County Public Schools superintendent Dr. Scott Ziegler apologized for how the situation was handled.

In a statement, Ziegler said although the schools complied with obligations under Title IX about how schools must investigate allegations of sexual harassment and assault in schools so it equally protects both victims and alleged perpetrators, it wasn't enough.

"First, let me say to the families and students involved — my heart aches for you and I am sorry that we failed to provide the safe, welcoming, and affirming environment that we aspire to provide," he said during a press conference. "We acknowledge and share in your pain and we will continue to offer support to help you and your families through this trauma. For all of our students, our school-based Unified Mental Health Teams are available to anyone who needs care."

"We acknowledge and share in your pain and we will continue to offer support to help you and your families through this trauma. For all of our students, our school-based Unified Mental Health Teams are available to anyone who needs care," she added. "It is important to know that Title IX directs how schools must investigate allegations of sexual harassment/assault and provides equal protection for both victims and the alleged perpetrators."

On Friday, school board member Beth Barts resigned in a letter posted to social media. Barts will officially resign on November 2.

Barts has been a central figure in the ongoing battle between local parents and Loudoun County Public Schools. In March, Barts was stripped of her committee appointments due to alleged misconduct toward fellow school board members and parents on social media.

source: https://wjla.com/features/i-team/virginia-governor-ralph-northam-loudoun-county-public-schools-sex-assaults-house-bill-257-title-ix

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