9/5/2019 MaierE Re Statement PU BL I CSU CE Mary Nledarberger RE: Re: Statement 1 message Paul Gluflro Wed, Aug 21, 2019 3112:50 PM To: Mary Nierterberger CC: Gene Freeman Ms Niederberger, I have been asked to respond to your latest inquiry The Fox Chapel Area School District would never respond to your specific questions, nor any inquiry, regarding reports required or made under the Child Protective Services Law Due to the privacy rights of any child named in any report, the law protects from disclosure information regarding such matters The Fox Chapel Area School District will not violate any child's right to privacy It is imperative that you understand the district's responsibilities in this regard In general, the law is clear that investigations and personnel matters, in which no discipline is imposed, should remain confidential Violation of this protection afforded to an accused employee could result in liability to the district and would be grossly unfair to someone wrongfully accused Contrary to your assertion, Dr McCommons at no time waived the protections afforded him by the law to allow the district to respond to each question you may have, nor would the district require or expect any employee to do so Also, your insinuation that the district would "wait until an employee is charged with a crime before taking any action" is wholly inaccurate As was previously stated, in any instance where there is reasonable cause to believe an employee is a danger to children, the employee would be suspended, the matter would be investigated, and disciplinary action taken as appropriate According to the law and district policy, allegations of child abuse would also be reported to the proper authorities For some reason, you continue to dismiss the fact that Dr McCommons has never been arrested for, charged with, or convicted of any crime Additionally, according to his Child Abuse History Certifications (including one from August 2019), there is no record ofa founded or indicated report of child abuse Hmall gaogle 9/5/2019 PublicSource Mail - RE: Re: Statement While these may not be the answers you want to your specific questions, they are factual and truthful. Paul Giuffre ----- Original Message ----- Dr. Freeman, Thank you for this response. However, it does not address the questions that were posed. The response does not indicate if school officials followed the state legal mandate to report to ChildLine any suspected child abuse. As a mandated reporter yourself, I am sure that you know you do not wait until an employee is charged with a crime before taking any action. You (and all school employees) are required, under the law, to report suspected child abuse. Here are the rules on mandated reporting as taken from the PA Family Alliance Website: Mandated reporters are required to make a report of suspected abuse when they have reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances: They have contact with the child as part of work or through a regularly scheduled program activity or service OR They are responsible for the child or work for an agency that is directly responsible for the child OR Someone makes a specific disclosure to the mandated reporter and the child is identifiable. This includes children that the mandated reporter may not know through their work or volunteer position OR A person 14 years old or older makes a disclosure that he/she has committee child abuse. This includes children that the mandated reporter may not know through their work or volunteer position. The child does NOT have to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse. https://mail.google.com/mail/u/0?ik=cf4101f375&view=pt&search=all&permthid=thread-f%3A1641943027700508370%7Cmsg-f%3A164249598589114… 2/4 915/201 9 MalerE Re Slalemenl As you indicated that Dr McCommons has given you permission to respond to this inquiry, i ask again whether the district was aware oflhe allegations against Dr McCommons that are included in his child custody documents, along the narrative of Wayne Township Pollce ChlefRoben Magnifico, whether the district reported those allegations to ChildLine or checked to see if another individual or agency reported the allegations" Also, did the district enact its policy tor responding to allegations abuse at any time with regard to Dr McCommons" Thank you tor your attention to this matter, Best, Mary Nlederberger On Thu, Aug 15, 2019 at 21 AM Gene Freeman wrote Ms Niederherger, Below you will find the response to your August 12 email Although one Fox Chapel Area School District does not generally comment on personnel mailers unless public disciplinary action is takeh in this instance, and with his permission I am letting you know that Deputy Superintendent Dr DaVid McCommons has never been arresmd t'or, charged with or convicted of any crime Additionally according to his Child Abuse History Certifications [lncludlng one from August 2019), there is no record ofa founded or indicated report ot'child abuse I want to assure parents and guardians that the safety ol'our students is of utmost lmponance lfan employee was arrested, found or indicated to have committed child abuse, or was a danger to children, that employee would be suspended We would immediately and thoroughly investigate the matter and would take disciplinary action as necessary Gene Freeman, Ed Superintendent Fox Chapel Area School District 4 12 967 24 14 mnail gaugle 6424959115891" 3/4 9/5/2019 PublicSource Mail - RE: Re: Statement This e-mail, together with attachments, may contain information that is privileged and/or confidential, including personally identifiable information and educational records of students, and is intended only for the person or entity to whom it is addressed. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this e-mail and attached documents is prohibited. If you have received this communication in error, please notify the sender immediately by e-mail and delete the original e-mail and any attached documents. -Mary Niederberger Reporter/PublicSource 412-515-0064 office 412-527-3366 cell On Twitter @MaryNied mary@publicsource.org This e-mail, together with attachments, may contain information that is privileged and/or confidential, including personally identifiable information and educational records of students, and is intended only for the person or entity to whom it is addressed. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this e-mail and attached documents is prohibited. If you have received this communication in error, please notify the sender immediately by e-mail and delete the original e-mail and any attached documents. https://mail.google.com/mail/u/0?ik=cf4101f375&view=pt&search=all&permthid=thread-f%3A1641943027700508370%7Cmsg-f%3A164249598589114… 4/4