Principal charged with not reporting child abuse

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By Jimmy LaRoue

Published: October 7, 2008

The principal at Hugh K. Cassell Elementary School faces a misdemeanor criminal charge of not reporting child abuse but will remain in her position throughout court proceedings, according to Augusta County Schools Superintendent Gary McQuain.

Allegations of child abuse against a former Augusta County bus driver were not reported by Dr. Mindy Garber, Cassell’s principal, to Child Protective Services, to Augusta County Sheriff’s Office investigators or to the school system’s central office, as is required, McQuain said. The driver has since been fired.

McQuain said that while investigators were looking into a report of alleged child abuse against a bus driver several weeks ago, they learned of other, similar allegations of child abuse made by two students in April that the driver inappropriately touched them during a field trip.

McQuain said the school system has been cooperating with CPS and the sheriff’s office during the investigation.

“The principal should have picked up the phone and called CPS and didn’t,” McQuain said. “And so basically, when you don’t do that, you break the law.”

McQuain said Garber had never failed to call in the past. He said it’s never been an option not to report suspected child abuse.

“She’s called numerous other times on other situations,” McQuain said. “But this case — she’s working with the family, I think [she] just felt it was resolved that way, but she doesn’t have that option.”

He said that through working with CPS and the sheriff’s office, “... I think we’ve got the issue resolved and we’re moving forward positively.”

Sheriff’s investigators said the bus driver would not face criminal charges.

McQuain described Garber – a principal in Augusta County since 2000 – as a “very good” principal and is receiving support from the school’s community.

“We want to make sure that parents understand that she does have the heart and soul, and the safety of those children in her heart,” McQuain said. “She’s a very, very caring and involved principal, and this has been pretty devastating to her because she really loves those kids, and if you go over there, you’ll see that.”

NBC29 contributed to this report.

Reader Reactions

Posted by ( anonymous ) on October 08, 2008 at 9:15 pm

Once again a flawed system makes unwarranted over analytical pressures on a professional who should be allowed the focus of the accepted duties.  The unfortunate outcome of the added stress will be time lost, energy wasted, and likely money to stimulate the very government in which made a poor and under thought witch hunt, developed by a General Assembly which could not possibly determine every outcome, so we hammer a vague rule of law.  I am somewhat disgusted we can find a law broken, yet there is no foundation to support the charge.  The charging department should reflect on the reasons, if indeed there was a needed charge, perhaps it would be fore mentioned of charges towards another party to discipline this reckless interpretation.  Time for a representative for Augusta County to get involved and clarify this law, and debate the unwarranted stress and under focus it places upon a recipient.  Following flawed laws shows a lack of community, a fundamental break down in our system, and the need for our state Senators and representatives to get involved, and be apart of this, and then focus on correction.  Has anyone considered the children?  Can we not in this time take control and be certain we take unprecedented approaches for consideration of a life long career, before we just follow a flawed system?
We support this Principal, and we will stand behind Dr. Garber.  If it becomes necessary a loud call to our Government will be made and noticed.

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Posted by ( pameral ) on October 08, 2008 at 1:17 pm

I just cannot believe that Dr. Mindy Garber would deliberately and knowingly withhold such information.  She is very involved in the well being of all of her students.  I feel that there has to be more to the story.  And, as for the bus driver being fired but not charged with anything?  How outrageous!

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Posted by ( Mom of 3 ) on October 08, 2008 at 9:10 am

I understand that Dr. Garber should have reported…what I do not understand is how the bus drivers NOT be charged with anything!!!!! All this is saying to me is…. you can “commit” the crime and get away with it…but the one that does not report it gets charged??

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