ARS § 15-514

15-514 - Immoral or unprofessional conduct; duty to report; immunity; definitions 15-514. Immoral or unprofessional conduct; duty to report; immunity; definitions A. Any certificated personnel, a noncertificated person or a member of a school district governing board or charter school governing body who reasonably suspects or receives a reasonable allegation that a public school employee, including employment through a third-party contractor, has engaged in conduct involving minors that would be subject to the reporting requirements of section 13-3620 shall immediately report or cause reports to be made to a local law enforcement agency. If the employee who is the subject of the suspicion or allegation is certificated by the state board of education or is a noncertificated person, the person shall also report the suspicion or allegation to the state board of education in writing as soon as is reasonably practicable but not later than three business days after the person first suspects or receives an allegation of the conduct. A report to a school resource officer or a school safety officer does not satisfy the reporting requirement prescribed by this subsection. B. The superintendent of a school district or the chief administrator of a charter school who reasonably suspects or receives a reasonable allegation that an act of immoral or unprofessional conduct that would constitute grounds for dismissal or criminal charges by a certificated or noncertificated person has occurred shall report the conduct to the state board of education. C. A person who in good faith reports or provides information pursuant to this section regarding the immoral or unprofessional conduct of a certificated or noncertificated person is not subject to an action for civil damages as a result. D. A governing board or school or school district employee who has control over personnel decisions shall not take unlawful reprisal against an employee because the employee reports in good faith information as required by this section. For the purposes of this subsection, "unlawful reprisal" means an action that is taken by a governing board or school or school district employee who has control over personnel decisions as a direct result of a lawful report pursuant to this section and, with respect to the reporting employee, results in one or more of the following: 1. Disciplinary action. 2. Transfer or reassignment. 3. Suspension, demotion or dismissal. 4. An unfavorable performance evaluation. 5. Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification. E. Failure to report information as required by this section by a certificated or noncertificated person constitutes grounds for disciplinary action by the state board of education. F. A governing board or school district employee who has control over personnel decisions and who reasonably suspects or receives a reasonable allegation that a person certificated by the state board of education or a noncertificated person has engaged in conduct involving minors that would be subject to the reporting requirements of section 13-3620 and this article shall not accept the resignation of the certificate holder or noncertificated person until these suspicions or allegations have been reported to the state board of education. G. If the conduct that is the subject of the suspicions or allegations reported pursuant to this section is a reportable offense, any investigation related to the suspicions, allegations or report is subject to the following: 1. If a school resource officer, school safety officer or school administrator receives a report regarding suspicions or allegations of a reportable offense, the school resource officer, school safety officer or school administrator shall submit to a local law enforcement agency all information relating to the report for the purposes of the local law enforcement agency investigating the reported conduct. 2. A student who is identified as a potential victim of the alleged conduct may be interviewed only as provided by the local county protocol that is adopted pursuant to section 8-817.  This paragraph does not prevent a school employee, school resource officer or school safety officer from receiving a voluntary report from a student who is an alleged victim that a school employee committed a reportable offense. H. For the purposes of this section: 1. "Noncertificated person" has the same meaning prescribed in section 15-505. 2. "Reportable offense" has the same meaning prescribed in section 13-3620. 3. "School safety officer" means a peace officer who is working in an off-duty capacity at a school.