CHAPTER 9. REPORTING REQUIREMENTS
IC 20-33-9
Chapter 9. Reporting Requirements
IC 20-33-9-1
Application of chapter
Sec. 1. Sections 5 through 9 of this chapter apply to the following:
(1) A violation under IC 7.1-5-7 (concerning minors andalcoholic beverages).
(2) A violation under IC 35-48-4 (offenses related to controlledsubstances).
As added by P.L.1-2005, SEC.17.
IC 20-33-9-1.3
"Battery"
Sec. 1.3. As used in this chapter, "battery" refers to battery underIC 35-42-2-1.
As added by P.L.72-2006, SEC.2.
IC 20-33-9-1.5
"Harassment"
Sec. 1.5. As used in this chapter, "harassment" refers toharassment under IC 35-45-2-2.
As added by P.L.72-2006, SEC.3.
IC 20-33-9-2
"Intimidation"
Sec. 2. As used in this chapter, "intimidation" refers tointimidation under IC 35-45-2-1.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-3
"Member of the administrative staff"
Sec. 3. As used in this chapter, "member of the administrativestaff" or comparable language means a school corporation employeewho:
(1) is certificated under the statutes relating to the licensing ofteachers; and
(2) has supervisory authority.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-4
"Threat"
Sec. 4. As used in this chapter, "threat" has the meaning set forthin IC 35-45-2-1.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-5
Controlled substance violations; reports by school employees
Sec. 5. If a person other than a member of the administrative staffwho is an employee of a school corporation has personally observed: (1) a violation described in section 1 of this chapter; or
(2) a delinquent act that would be a violation under section 1 ofthis chapter if the violator were an adult;
in, on, or within one thousand (1,000) feet of the school property ofthe school corporation employing the person, the person shallimmediately report the violation in writing to a member of theadministrative staff of the school corporation employing the person.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-6
Controlled substance violations; reports by members ofadministrative staffs
Sec. 6. A member of the administrative staff who, based onpersonal knowledge or on the report of another employee of theschool corporation, believes that a person has committed a violationdescribed in section 1 of this chapter or a delinquent act that wouldbe a violation described in section 1 of this chapter if the violatorwere an adult in, on, or within one thousand (1,000) feet of theschool property of the school corporation employing the member,shall immediately report:
(1) a general description of the violation;
(2) the name or a general description of each violator known tothe member;
(3) the date, time, and and place of the violation;
(4) the name or a general description of each person who themember knows witnessed any part of the violation; and
(5) a general description and the location of any property thatthe member knows was involved in the violation;
in writing to a law enforcement officer.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-7
Privileged or confidential information
Sec. 7. A report is not required under sections 5 through 6 of thischapter if:
(1) a federal statute or regulation;
(2) IC 20-28-10-17, IC 25-33-1-17, IC 34-46-3-1, or anotherstate statute; or
(3) a rule adopted by a state agency;
imposes a duty on the employee of the school corporation or memberof the administrative staff not to disclose privileged or confidentialinformation that otherwise would have been the basis of a report.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-8
Immunity from civil liability; presumption of good faith
Sec. 8. (a) A person, other than a person who has committed aviolation under section 1 of this chapter or a delinquent act thatwould be a violation under section 1 of this chapter if the violatorwere an adult, who: (1) makes a report under this chapter in good faith;
(2) participates in good faith in a judicial proceeding resultingfrom a report under this chapter;
(3) employs a person described in subdivision (1) or (2); or
(4) supervises a person described in subdivision (1) or (2);
is not liable for civil damages or penalties that might otherwise beimposed because of the conduct described in subdivisions (1)through (4).
(b) A person described in subsection (a)(1) or (a)(2) is presumedto act in good faith.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-9
Programs to implement chapter
Sec. 9. The law enforcement agencies and the school corporationsin each county shall develop and administer a program to efficientlyimplement this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-10
Duty to report threat
Sec. 10. In addition to any other duty to report arising under thisarticle, an individual who has reason to believe that a schoolemployee:
(1) has received a threat;
(2) is the victim of intimidation;
(3) is the victim of battery; or
(4) is the victim of harassment;
shall report that information as required by this chapter.
As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.4.
IC 20-33-9-11
Procedure to make report
Sec. 11. (a) If an individual who is required to make a reportunder this chapter is a member of the staff of a school, the individualshall make the report by immediately notifying the principal of theschool that a school employee may have received a threat or may bethe victim of intimidation, battery, or harassment.
(b) An individual who receives a report under subsection (a) shallimmediately make a report or cause a report to be made under section13 of this chapter.
As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.5.
IC 20-33-9-12
Relief of obligation to report
Sec. 12. This chapter does not relieve an individual of theobligation to report a threat, intimidation, a battery, or harassment onthe individual's own behalf, unless a report has already been made tothe best of the individual's belief.
As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.6.
IC 20-33-9-13
Oral report to local law enforcement agency
Sec. 13. An individual who has a duty under sections 10 through12 of this chapter to report that a school employee may have receiveda threat or may be the victim of intimidation, battery, or harassmentshall immediately make an oral report to the local law enforcementagency.
As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.7.
IC 20-33-9-14
Immunity from liability
Sec. 14. Except as provided in section 15 of this chapter, anindividual, other than a person accused of making a threat against aschool employee, intimidating a school employee, committing abattery against a school employee, or harassing a school employee,who:
(1) makes, or causes to be made, a report under this chapter; or
(2) participates in any judicial proceeding or other proceeding:
(A) resulting from a report under this chapter; or
(B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise beimposed because of such actions.
As added by P.L.1-2005, SEC.17. Amended by P.L.72-2006, SEC.8.
IC 20-33-9-15
Liability
Sec. 15. An individual who has acted maliciously or in bad faithis not immune from civil or criminal liability under this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-9-16
Good faith
Sec. 16. An individual making a report under sections 10 through14 of this chapter or assisting in any requirement of sections 10through 14 of this chapter is presumed to have acted in good faith.
As added by P.L.1-2005, SEC.17.