The situation
A third-grade primary student arrives on Monday with a visible bruise on his forearm and another near his neck. While changing for physical education, the PE teacher notices more marks on his back and mentions it to you, his class teacher. When you gently ask him how he is, the boy answers quickly: “I fell off my bike”, and changes the subject. It is not the first time: a month ago he came in with a swollen lip and the same brief explanation. The boy is quiet, diligent, and his attendance is regular. You have seen nothing at home and have no way of knowing what happened. All you have is what you see, what your colleague reported, and a persistent sense that something does not add up.
◆ The comment on each course of action is generated by AI from this section’s legal framework, whose official texts are in Spanish. It orients you; always verify the article in the legal framework.
For whoever facilitates
Facilitator’s notes
The key word of this scenario is in the law: “suspicion”. The duty of teaching professionals to report does not require certainty or proof; it arises from knowledge or suspicion of a situation of abuse, and anyone who reports in good faith is exempt from criminal and civil liability (Art. 14, Ley 136-03 — the Code for the Protection of Children and Adolescents). The criminal layer looks at silence: failing to inform the authorities about ill-treatment of a child or adolescent is a criminal offence (Art. 325, Ley 74-25), and professional secrecy is no excuse (Art. 196, Ley 74-25). Option a is the protected conduct: describe observable facts, without diagnosis or accusation, and activate the channel the same day — the Código de Ética (the MINERD code of ethics) sets a maximum of 24 hours to refer abuse cases to the Ministerio Público (the public prosecution service) or CONANI (the National Council for Children and Adolescents) (Art. 42, Orden Departamental 22/2023), and where there is a risk or threat to the life of a member of the school community the Ordenanza requires protective measures and notification of the education district office within 48 hours (Art. 27 Párrafo I, Ordenanza 05-2023 — the MINERD school-coexistence rules). Option b describes a valuable record, but makes certainty a condition the law never set: every week of waiting is risk for the child. Options c and d are the classic traps: confronting the family may expose the child to his possible aggressor, and pressing him to talk contaminates an account that specialists are the ones to gather. The teacher reports signals; the teacher does not investigate. Question for the group: what is the difference between describing what we saw and asserting what we think happened?
The team’s commentary
Two readings of this scenario
Español — The Spanish version is the reference text — the legal verification described in the audit report was carried out on it.
Audit report — the independent legal review of this material, with the errors we found and corrected (page in Spanish).
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