Abuse case that changed DPS

Calls to cops, social services rise since principal charged

By Nancy Mitchell, Rocky Mountain News (Contact)

Published April 24, 2008 at 11 p.m.

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Nicole Veltze was charged with failure to report child abuse.

Denver Public Schools reports show the Jan. 21 arrest of a popular principal left numerous schools questioning when student horseplay turns into sexual offense.

If four girls report that a fifth- grade boy has repeatedly harassed them with sexual comments, suggesting what they can do to his body, should police be called?

A principal in northeast Denver decided yes and the boy was ticketed for disturbing the peace. He also was suspended for two days.

If a 4-year-old boy is seen with his hand down the pants of a female classmate under a blanket at naptime, is a police call warranted? What if the little girl's mom demands action?

District staff told the school to call police and social services.

Today, the case that sparked a surge in school calls to city police and social workers will go before a judge.

Attorneys for Skinner Middle School Principal Nicole Veltze will argue that a misdemeanor charge of failure to report child abuse should be dismissed.

They claim that Veltze was following DPS policy when she contacted parents and district officials - but not police - after a girl reported she was repeatedly touched on her chest and bottom by two boys in class.

Police called in

DPS has backed Veltze, with the district's social work manager describing her actions as "absolutely correct."

But Denver District Attorney Mitch Morrissey argues that Veltze should have called police immediately.

Arguments in the case are scheduled for 1:30 p.m. A judge could rule today on the motions to dismiss or issue a written ruling later.

Whether that decision will resolve lingering questions about who, and when, to call is uncertain.

A Rocky Mountain News analysis of 55 sexual incident reports filed by schools with DPS' department of safety and security between May 2006 and March 2008 shows a broad range of responses during that span.

In the 27 reports filed in the 18 months before the Veltze case, police were called half the time.

In the 28 reports filed in the first three months of 2008, after news spread of the Veltze case, police were called in every incident but one.

Both before and after Veltze's arrest, when an incident clearly appeared to involve force or repeated unwanted attention among older students, police were promptly called.

A 2007 case where a high school boy reports unwanted sex in a school bathroom? Police are the first agency dialed.

A 2007 incident where a middle school boy follows a girl around, comments on her body, tries to grab her and steals her belongings - though she's told him to stop? Police are called.

Confusion evident

Where the police contacts differ, pre- and post-Veltze, are typically in cases involving younger students where the intent of the actions is less evident.

For example, in 2006, when an elementary school boy has an ongoing problem making sexual comments to girls in his class, he is suspended and moved to another classroom. His parents meet with officials, including a psychologist and social worker, but police are not involved.

Contrast that to the 2008 case, where the fifth-grade boy in northeast Denver gets suspended - and a police ticket.

What's also evident in the 2008 reports is confusion by school and social services and frustration by police.

In one case, a group of fourth- graders are playing a game called "The Curse," where they touch each other on the buttocks. School staff called city social services workers but, the report states, "They refused to take the report because they considered it a third-party assault."

Instead, the school is directed to call police.

In a handful of cases, schools are told by police that they should "handle in the building, administratively" or that "DPD should not have been called in for this game that kids were playing."

Resolving issues

DPS Superintendent Michael Bennet and Denver Police Chief Gerry Whitman said this week they are working with city social services to resolve reporting concerns.

They've agreed school staffs should contact city social services for issues involving children under 10, who by law cannot be charged. Schools will contact police in cases involving children over 10.

Whitman acknowledged some officers may not have understood the protocol and may have gotten frustrated.

But he also said school officials should report actions they believe may be crimes and allow police to determine whether to proceed.

"The officers can be in and out quick," he said.

mitchelln@RockyMountainNews.com or 303-954-5245

Reacting to the arrest

DPS principals began reporting even minor cases of possible sexual offenses after police started investigating Skinner Middle School Principal Nicole Veltze. Excerpts from reports made to DPS' department of safety and security:

* From a middle school

"On 1/1 4/08, Student A pinched Student B's nipple. On 1/1 5/08 Student B pinched Student A's nipple. Both Student A and Student B were questioned and stated they were playing."

Police response - "(They) advised us that no police report needed to be made."

* From an elementary school

"Child A took a book from Child B, he then rubbed the book on his front private parts . . . He then gave it to Child C."

Police response - "We were told to handle in the building, administratively."

* From a K-8 school

"7th grade male was kissing girls on the cheek. There is a game the kids play, where someone puts an X on a person's lips and the person cannot talk until someone kisses them on the cheek. Many different boys and girls were playing this game ... (We) contacted Safety and Security w/DPS and asked them how to proceed. The incident was described as unlawful sexual contact since some of the girls were kissed without consent. Security advised contacting DPD."

Police response - "Officer . . . stated that DPD should not have been called in for this game that kids were playing."

The lawyers' arguments

Attorneys for Skinner Middle School Principal Nicole Veltze, charged with failing to report child abuse after two boys touched a female student's breasts, buttocks and vaginal area, are scheduled today to argue that the misdemeanor case should be dismissed.

Veltze's attorneys will argue:

* Veltze is immune from prosecution. She determined the incident was student-on-student sexual harassment. She followed DPS policy, which does not require reporting it to police. In Colorado, teachers are immune from prosecution for actions taken while carrying out district policies.

* Reporting requirements are too vague. School officials who suspect child abuse must report it to police immediately. But that means people must "necessarily guess" whether the conduct is abuse. Also, prosecutors have "unbridled" discretion to determine whether a report was made quickly enough.

Prosecutors will argue:

* Charges against Veltze should stand because the law is clear and she had no immunity.

* The law's definition of sexual contact as "touching of a victim's intimate parts" is clear and that the boys admitted doing so.

* The word "immediately" is used in dozens of statutes and its meaning is clear.

* DPS manager of social work services Irma Anthony was incorrect when she concluded that Veltze handled the incident properly.

• April 25, 2008

  7:19 a.m.

  Suggest removal

  ftlodance writes:

  Come ON!!! This is the silliest thing I have seen. When i was in Elementary and Middle School lewd sex acts weren't on the minds of the boys and girls I went to school with.

  KIDS are curious about sex and in our "undersexed" and sex-fearing nation, the normal human curiosity has to be PROSECUTED? Hmmmm... Onbe more way that the government controls the human condition.

  Don't get me wrong, if there is a line that is crossed, like RAPE, prosecute the hell out of the person, but when are we going to let kids be kids?? When are we going to accept that our national fear of all things sexual is leading to a vast issue in the socialization of children?

• April 25, 2008

  7:55 a.m.

  Suggest removal

  NWDengal writes:

  Come on people, let's get the location right!! Skinner Middle School is NOT in Northeast Denver. it is in NW Denver. And,of all the incidences that happen in middle schools, every single one cannot and should not be reported to police dept. this should be handled by the school, with the parents of the kids....
  here's a suggestion to reporters; please take out your compasses and look at a map.

• April 25, 2008

  8:43 a.m.

  Suggest removal

  luis2222 writes:

  Holy Saints.. what an easy way out:
  Now they say:

  "DPS Superintendent Michael Bennet and Denver Police Chief Gerry Whitman said this week they are working with city social services to resolve reporting concerns.
  They've agreed school staffs should contact city social services for issues involving children under 10, who by law cannot be charged. Schools will contact police in cases involving children over 10."

  SO NOW UNDER 10 CAN NOT BE CRIMINALS AND ALL OVER 10 ARE?
  ANOTHER NEW LAW IN UNIQUE DENVER.
  Please get serious.

  And about Whitman coments:
  “Whitman acknowledged some officers may not have understood the protocol and may have gotten frustrated.”

  I can not understand how some officers may not understood the protocol when is so clearly stated in his and DA’s joint video conference.
  http://www.rockymountainnews.com/vide...

  God bless him and all Denver Schools

• April 25, 2008

  8:46 a.m.

  Suggest removal

  mtman writes:

  I think you two need to brush up on your reading skills. This case is the result of "two boys (who) touched a female student's breasts, buttocks and vaginal area." Sounds like unlawful sexual contact / child abuse to me, the the police should have been called without a second thought! The principal in this case dropped the ball, regardless of DPS policy (which is another story.......)

• April 25, 2008

  9:15 a.m.

  Suggest removal

  luis2222 writes:

  Mr. Mtman
  All that you read is not necessarily true.

  Veltze only acted on actions reported to her. If the parents (or the police) enhanced the facts to the point of becoming a heinous crime is another thing.

  And to improve your magnificent reading skills I suggest the following:
  From http://en.wikipedia.org/wiki/Child_se...

  Sexual abuse refers to sexual abuse of a child by an adult, or some other person significantly older or in a position of power or control over the child…..
  Under the law, "child sexual abuse" is an umbrella term describing criminal and civil offences in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification.

  For your information, in this case all involved are minors and no adult is involved.

• April 25, 2008

  9:53 a.m.

  Suggest removal

  wshugs writes:

  The issue seems to be one of authority and when is it an "administrative" issue and when it is a "police" issue. This can be resolved by granting limited police powers to school districts so more issues can be resolved without all the police drama. Limited police powers are already assumed to some extent, clarifing and codifying will give us all clear expectations, save money in courts and police, and allow schools and teachers to handle issues in a more constructive way. Remember that the point of schools is socialization, and 90%+ of the issues should not involve police, but should definetly involve teaching.

• April 25, 2008

  11:46 a.m.

  Suggest removal

  kbegcg writes:

  It seems everyone is forgetting the REAL victim. The REAL victim is not Ms. Veltze a WOMAN who should know better not only because of her position at Skinner M.S. but because she is not above the law and as an administrator she has the right to protect the children at her school and does not have the right to put the AYP report above the children. The REAL victim is a child. She did not ask for these students to violate her. She did not ask to feel unsafe at school. Maybe some of you should take a deeper look at the issues surrounding Skinner M.S. Is Veltze trying to save her a@@ and her school from Michael Bennet’s chopping block? Do some investigating and you might change your mind!!

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