J
JReducation
Guest
I believe that the last few posts have explained this very well. This is why I said in one of my posts that I told the brothers under my jurisdiction that they had not choice but to sing the waiver or I would put them on trial in an ecclesial tribunal for disobedience. Because in the end, if the diocese does not tell you that there is an allegation of improprierty against you, you will find out soon enough if the District Attorney believes that it’s worthy investigating. If that happens, you will have a chance to face your accussors in a court of law.
On the other hand, if the DA has not come after you, the allegation did not pass mustard. In some states, these allegations have to be kept in public files for a period up to one year, even if there is no arrest or even questioning by the police. Therefore, they would surfface on one of these background checks, but you’re not in trouble.
I remember working in a school where a fight broke out between two kids. A teacher intervened and pushed one of the kids. There was a bloody nose involved. So the teacher had to do something. The kid who was pushed reported it. A police officer and a social worker came to the school to interview the teacher. They interviewed several students who saw the fight. It was clear that the teacher was not trying to hurt the kid, but he was trying to protect both kids and the one kid was so angry that he was not hearing the teacher. This is pretty normal when a kid is angry.
To make a long story short. Nothing happened. The police and Child Protective Services agreed that the teacher had not assaulted the student. But they said that the paperwork, as well as their interview would be kept on file for one year.
I am not a lawyer or a law enforcement person. But I would imagine that such reports are public information, which can surfface in a background check. I don’t know how much information would be included in the background report. It may just say that there was an allegation or it may explain that the matter was resolved. I really don’t know about this part.
But my point is that if it does come up and you have never been arrested and charged, there is no accusser for you to face. Just like this teacher. He was never allowed to face the kid and the parents. He was only allowed to tell his story to the investigating officer and social worker and to present proof of his story.
This person may well be a cantor or youth minister or lector in a parish or a scout leader, who knows. But he has nothing to fear, because it’s over. In a year it will disappear, at least in the Commonwealth of Virginia where this happened. I don’t know about other states.
Fraternally,
Br. JR, OSF
On the other hand, if the DA has not come after you, the allegation did not pass mustard. In some states, these allegations have to be kept in public files for a period up to one year, even if there is no arrest or even questioning by the police. Therefore, they would surfface on one of these background checks, but you’re not in trouble.
I remember working in a school where a fight broke out between two kids. A teacher intervened and pushed one of the kids. There was a bloody nose involved. So the teacher had to do something. The kid who was pushed reported it. A police officer and a social worker came to the school to interview the teacher. They interviewed several students who saw the fight. It was clear that the teacher was not trying to hurt the kid, but he was trying to protect both kids and the one kid was so angry that he was not hearing the teacher. This is pretty normal when a kid is angry.
To make a long story short. Nothing happened. The police and Child Protective Services agreed that the teacher had not assaulted the student. But they said that the paperwork, as well as their interview would be kept on file for one year.
I am not a lawyer or a law enforcement person. But I would imagine that such reports are public information, which can surfface in a background check. I don’t know how much information would be included in the background report. It may just say that there was an allegation or it may explain that the matter was resolved. I really don’t know about this part.
But my point is that if it does come up and you have never been arrested and charged, there is no accusser for you to face. Just like this teacher. He was never allowed to face the kid and the parents. He was only allowed to tell his story to the investigating officer and social worker and to present proof of his story.
This person may well be a cantor or youth minister or lector in a parish or a scout leader, who knows. But he has nothing to fear, because it’s over. In a year it will disappear, at least in the Commonwealth of Virginia where this happened. I don’t know about other states.
Fraternally,
Br. JR, OSF