CHARLESTON, W.Va. — Capital High School principal Clinton Giles will face a misdemeanor charge for failing to notify law enforcement of a sexual assault at the school in a timely manner.
Kanawha County prosecutor Chuck Miller announced Tuesday that Giles learned of the sexual assault the day it happened, Jan. 26, but did not notify police until the next day.
“Under West Virginia law, a school principal is considered a reporter under the statute and is mandated to report what is alleged to be a sexual assault of a child that he is aware of, and Mr. Giles did not do so,” Miller said in a news conference.
“The statute has been construed by some in that it requires immediately reporting child neglect and abuse, but in no event beyond 48 hours. It’s the same statute that provides in the event of serious bodily injury to a child, sexual abuse, or sexual assault it must be reported immediately.”
The prosecutor said Giles deliberately delayed informing police.
“It’s the information we have that he talked to the resource officer after (the assault) was reported and he never mentioned it to the resource office,” said Miller.
The 17-year-old boy charged with second-degree sexual assault was reportedly accused of a similar attack last February at the school. That incident was reported by Giles, but the teen was never charged. The victim in the previous case was in a “very fragile state,” Miller said, and could not go forward in the prosecution.
The prosecutor contended that knowing the boy’s history should have increased the urgency of reporting the second attack to police.
“The delay in reporting jeopardizes an investigation. Evidence of sexual assault quickly dissipates and is difficult to collect the longer it goes,” Miller said. “Are we able to collect something? I hope. But we don’t have the lab results back and don’t know, but the delay caused damage to our ability to gather the evidence immediately, which is the time you would have the most success in collecting physical evidence.”
Investigators said Giles learned of the assault the day it occurred but instructed two assistant principals to not say anything until they reviewed surveillance video the next morning. Court documents indicate Giles was notified the tape revealed a struggle. Investigators said Giles again instructed his staff not to report the incident until he had a chance to consult with the Kanawha County Board of Education Office on how to proceed.
Kanawha County School officials said Tuesday afternoon Giles had been suspended without pay pending the outcome of the charges.
The misdemeanor charge carries a penalty of up to 30 days in jail and a $1,000 fine. Miller said Principal Giles would be summoned to court not arrested.