BUFFALO, NY - The fallout from the investigation at Nichols involving improper teacher-student relationships over decades has New York State lawmakers and the Erie County District Attorney calling for changes.
Improper relationships revealed in a lengthy report after an investigation show that some activity could have been reported to law enforcement, but wasn't.
There is a loophole in the law that only requires public schools to report allegations of misconduct by teachers. So it doesn't apply to private schools like Nichols.
Nichols Class of 1989 graduate Matthew Kolken said, "it's absolutely mortifying that there was that loophole in the first place, it's unconscionable," he said. "When the members of the alumni community found that there was this loophole, we were devastated."
New York State Senator Tim Kennedy wants the loophole closed, and is pushing for a vote in the state to make it happen soon. The new law he's pushing "would make those school personnel mandated reporters" in private schools.
The Nichols School report of an investigation revealed ten teachers had improper relationships with students over many years and nothing was done about it.
District Attorney John Flynn said, "whether you are a private teacher or a public school teacher, in order to protect our children, you have to report."
According to Kolken, "there are a number of people in the alumni community that question the transparency of the report, apparently there were two separate reports issued, we only got to see the sanitized version. There are a number of people who have indicated the things they told the investigators were not included in the final product."
Kolken wasn't surprised about consensual relationships between students and teachers. He called it "an open dirty secret." However, he said, "it's time that we stop putting the reputation of an institution over the welfare of children." He admitted that if he had a child at Nichols right now he would make a "very hard choice about whether or not to keep him or her in the school."
Senator Kennedy also wants to broaden the Child Victim's Act to change the statute of limitations. It would raise the statute of limitations and allow former students to seek legal action as adults. "The statute of limitations runs out when they turn 23 years old - that is reprehensible and morally wrong. It has to change." He said it will allow prosecutors to "go after these predators and lock them up."
The D.A. says there's already a hotline for people to call his office: (716) 858-4640. According to him, if he gets a complaint there will be an investigation.