The Florida Department of Education defines sexual offense and sexual battery in its “Definitions for Incident Reporting” (Appendix P)—that is part of Volume I: Automated Student Information System , Automated Student Data Elements.
DOE states that “Sexual activity between students should be reported to law enforcement immediately so investigation can be conducted regarding illegal conduct.†It doesn’t matter if it is consensual or not. DOE states the ages of the students should be considered—-which means Tate and the District should have identified the ages when they learned of the incident. “Immediately” would have been March 1.
From the DOE Manual:
SEXUAL BATTERY (attempted or actual) – Forced or attempted oral, anal, or vaginal penetration by using a sexual organ or an object simulating a sexual organ, or the anal or vaginal penetration of another by any body part or object.
Examples: Student or other raping someone. Student or other attempting to rape someone.
SEXUAL OFFENSES (Other) – 1) Other sexual contact, including intercourse, without force or threat of force. 2) Subjecting an individual to lewd sexual gestures, comments, sexual activity, or exposing private body parts in a lewd manner.
Examples: Student or other participating in sexual activity in front of another student. Student or other intentionally exposing genitals. Two students engaging in sexual activity in janitor’s closet. Student or other soliciting or encouraging a person to commit a sexual act. Student or other touching the buttocks of another in a lewd, lascivious manner. Student or other making obscene remarks (conduct, which by community standards, is deemed to corrupt public morals by its indecency and/or lewdness).
Non-Examples: Students kissing consensually. Student swearing. A kindergarten child relieving himself publicly. A first grade student hugging another. Student inadvertently touching breasts or buttocks of another.
1. Sexual activity between students should be reported to law enforcement immediately so investigation can be conducted regarding illegal conduct.
2. Consideration should be given to developmentally age-appropriate behaviors in coding sexual offenses for students. Young children and students with exceptionalities may expose themselves without conscious sexual intent.
3. Consult school district student services or psychologist for assessing acting out sexual behaviors that might be indicators of abuse, and use the findings to help determine whether to report the incident as a SESIR incident. Obtain input when the principal is unable to determine if the behavior involving young children is of a sexual nature beyond developmentally appropriate age expectation, when the incident is serious enough to require further investigation, or where students in special education are involved.