DPS principal cleared of charges

District, DA, cops still seeking policy on reporting abuse

By Katie Kerwin McCrimmon, Rocky Mountain News (Contact)

Friday, May 9, 2008

Nicole Veltze

A judge's dismissal of charges against a principal accused of failing to report allegations of child abuse quickly enough comes as Denver prosecutors and school officials try to agree on new reporting procedures.

Every Denver Public Schools teacher and principal could be affected as prosecutors try to safeguard children from potential abuse by peers or adults and require "instant" reporting of possible crimes.

Meanwhile, DPS lawyers want to protect employees from the kind of criminal charges that principal Nicole Veltze faced.

DPS Superintendent Michael Bennet and Denver Police Chief Gerry Whitman have been meeting this spring with Denver social services representatives to try to resolve reporting concerns.

Police want school officials to err on the side of reporting questionable cases and allow officers to decide whether to file criminal charges.

Denver County Court Judge Doris E. Burd ruled Friday that there was was no evidence that Veltze, principal of Skinner Middle School in northwest Denver, acted willfully or wantonly to thwart the law. She had been charged with a misdemeanor count of failure to report an allegation of child abuse or neglect at her school.

Veltze said she was at a meeting of middle school principals when she heard about the judge's favorable ruling.

"I'm doing great," said Veltze, who was spending her Friday evening sending e-mail messages to her supporters about the judge's decision. "I'm very relieved this is over. Now, we can get back with our students and staff, and forge ahead and continue our positive momentum."

Veltze, 37, received considerable support from parents and pleaded not guilty to the charges. Her lawyer, Rich Caschette, had argued that she should be immune from prosecution because she followed DPS policy in handling the Dec. 14 incident of alleged sexual contact between students.

"I am thrilled and my client is thrilled," said Caschette. "We've always believed that Ms. Veltze was immune from these criminal charges and we're glad to have a system that protects us from overaggressive prosecutions."

DPS superintendent Michael Bennet said Veltze will resume her duties at Skinner immediately.

"We have tremendous respect for her judgment and we're glad she's going to be back to do the important work to support our kids at Skinner Middle School," Bennet said.

Lynn Kimbrough, spokeswoman for the Denver District Attorney's office, said prosecutors would review the ruling and decide within 30 days whether to appeal.

"We were surprised and concerned with the court's ruling," Kimbrough said.

She also said the DPS policy fails to include mandatory reporting for misdemeanor allegations of sexual assault and that DPS policy does not comply with state law.

"The court's finding of immunity in this case would suggest that DPS policy, even if it's not in compliance with state law, trumps state law," Kimbrough said. "We're going to continue to work as closely as we can with DPS to ensure that the policy follows state law and that it includes unlawful sexual contact so that this doesn't happen in the future."

DPS lawyer John Kechriotis pledged Friday to clarify reporting requirements as soon as possible. He sent an e-mail to DPS employees.

"We continue to work with the District Attorney and the Denver Police Department regarding clarity around reporting obligations by DPS employees. We anticipate being able to report back to you in the near future with more details," Kechriotis said in the e-mail.

The case against Veltze sparked a surge in calls to city social services and to police by school officials who said they were uncertain of what they needed to report.

Veltze was accused of violating a state law that requires school employees to report suspicions of abuse or neglect to authorities "immediately."

Caschette contended that the law doesn't specify what that means.

After the charges were filed Veltze said she reassigned herself to the DPS headquarters pending the outcome of the case.

Veltze said she plans to return to take the helm at the middle school on Monday.

"For all the principals our primary concern is the safety and security of our students, and the academic achievement of every student, and that's what we did in this case," Veltze said.

Rocky staff writer Hector Gutierrez contributed to this story

From classroom to courtroom

Judge Doris E. Burd closed the book on criminal charges against Skinner Middle School principal Nicole Veltze. A timeline of the case:

* Dec. 14, 2007: Veltze hears allegation that two seventh-grade boys touched a girl in class. She asks the girl about the incident, then interviews and suspends the boys and calls their parents. Conversations later in the day with the girl's mother and DPS human resources office Lee Renfrow determine paperwork and further review of the case will take place Monday.

* Dec. 15: DPS security calls Veltze and tells her that Denver police want to talk to her about the incident.

* Jan. 21: Veltze is served with a criminal summons charging her with failing to report child abuse.

* March 11, 2008: Veltze pleads not guilty in Denver County Court.

* April 25: Judge Burd takes the case under advisement.

* Friday: Burd rules there is no evidence that Veltze acted willfully or wantonly to thwart the law.

• May 10, 2008

  8:05 a.m.

  Suggest removal

  luis2222 writes:

  Lynn Kimbrough, spokeswoman for the Denver District Attorney's office, said prosecutors would review the ruling and decide within 30 days whether to appeal OR to drop the case.

  I don’t know if this time will be enough to make her decision as first they have to decide in the meaning of OR. (and for those who don’t understand what I say, for an explanation see this video that was part of the evidence evaluated by Judge Burd in this case: http://www.rockymountainnews.com/vide...

  I welcome the ruling that lays to rest the case as this brings common sense to such an accusation and I hope that Veltze recovers her lawyers expenses.

  I deplore that the ruling does not clear the incompatibility of the DPS rules and the unique interpretation of the laws applicable in unique Denver.

  Without this, the DA will at any time that is needed free press coverage for political gains, will want to make another (very expensive to the taxpayers) wake up call to DPS and thus scared teachers will still be hauling to a traumatic experience at police headquarters to 5 year olds found kissing.

• May 10, 2008

  10:05 a.m.

  Suggest removal

  MarineGrunt writes:

  And they wonder why we have troubles recruiting good people to fill these positions!!!

• May 10, 2008

  2:33 p.m.

  Suggest removal

  BetterEducated writes:

  I guess my take is a little different. What I got out of the article is that Denver Public Schools feels it doesn't have to abide by the law. I hope the case IS appealed so that the issue can be resolved once and for all.

• May 10, 2008

  3:07 p.m.

  Suggest removal

  American100 writes:

  The thing that offended me the most about this ordeal is that in one of the first articles about this or(maybe the first) they said she has been at odds with the Denver Police so didn't report it.

  Be as mad at me as you like about me next statement: Something about the looks of this person pisses me off. Smiling all the way through court.

  I just flat out don't like her approach to education.

• May 10, 2008

  5:28 p.m.

  Suggest removal

  dillard writes:

  American 100 states: Something about the looks of this person pisses me off.

  Wow, now that is truly unbelievable. Sure do hope American 100 isn't a judge or a law enforcement officer. I think her smile is nice and she looks to be a kind and gentle person.

• May 10, 2008

  9:49 p.m.

  Suggest removal

  American100 writes:

  We know a family who has kids in her school. They weren't at all surprised she was in trouble and expect her to cause more problems and probably at least one law suit which will end up being the burden of DPS.

  dillard, I told you to be as po'd about that as you wish to be.

• May 11, 2008

  3:26 p.m.

  Suggest removal

  dillard writes:

  American 100: I never said I was angry (po'd) about your remark. I am simply shocked that "something about her looks" upsets you. If this person is not reporting sexual abuse, or even suspected sexual abuse of a student she should be removed and prosecuted. I was under the assumption that the law required all school staff to report such activity. I was married to a teacher for 36 years and she was required to report suspected abuse. She did so many times. Yet, I know of no law that says a person should be arrested because of "something about her looks."

• May 11, 2008

  10:41 p.m.

  Suggest removal

  RightOn writes:

  Who said she should be arrested because of her looks?

• May 12, 2008

  2:14 p.m.

  Suggest removal

  BetterEducated writes:

  It seemed to me that something about this is Way Wrong. The laws adopted at the state legislature MUST apply across the board, and ESPECIALLY at this very hard-to-control school district for which many of the state's laws were specifically implemented.

  The fact that Denver Public Schools has not historically improved its results in the absence of regulation, but rather shown us the exact opposite, should alarm everyone who lives here.

  It's hard for me, as a Boomer, to admit that heightened state regulation is the answer to ANYthing at all ... but I've concluded it's the ONLY answer for some things, since some entities do not understand that "self-regulation" does not mean "non-regulation."

  There's an element missing from the article that I'd like to see explored: Would it have been a breach of district policy for the principal to call the police? Or was it simply compliance with district policy for her to NOT place that call? I'm trying to get at whether there is a DPS disincentive for principals to call the cops until the steps of the "policy" (whatever it is) have been fulfilled.

  Everyone who is stunned to learn that Denver Public Schools policy does not mimic in every particular the laws of the State of Colorado, and the City and County of Denver, should freak out at this point. Representatively-governed people aren't supposed to even need to have this dialogue. Assaulted Denver children aren't supposed to LOSE rights by walking into a public school; if anything, they're supposed to gain additional rights.

• May 12, 2008

  2:22 p.m.

  Suggest removal

  BetterEducated writes:

  I want to add to the above, that it's my understanding the incident did not involve "children kissing." My understanding is that there was (at least attempted) vaginal contact, and contact to the child's breasts.