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He said he largely relies on the recommendations of prosecutors and discussed sentencing options for Kohls with Plymouth County Attorney Darin Raymond in a parking lot.“Legitimately, I have not studied or looked at that specific statute as to that mandatory versus discretionary reporter,” Neary said.

“Frankly, I don’t think I was probably aware of that distinction or that nuance until probably after that.”In a separate interview, Raymond told the Register he didn’t believe Kohls should be considered a mandatory reporter because the victim was not her direct student.“She was a middle school teacher, and he was a high school honors student. However, Scott Brown, an assistant Iowa attorney general, said the sentencing requirement for mandatory reporters is not predicated on whether the victim is directly under the educator’s supervision.

State Court Administrator David Boyd recently alerted county attorneys and chief judges in all eight Iowa judicial districts about the sentencing errors the Register identified and reminded them of the requirements.

Mandatory reporters are generally licensed professionals in education or health care who have frequent contact with children or dependent adults in the course of their work.

State rules mandate a teacher's license must be permanently revoked if he or she is convicted of sex abuse.

There is no way a school employee convicted of sexually exploiting a student can avoid prison under Iowa law, he said.

That could include a judge, the Iowa Department of Corrections, prosecutors or the defense.

If that were to happen, it’s likely that the defendant’s plea would be rescinded, and the case could essentially be prosecuted anew, Brown said.

The law requires they notify the Iowa Department of Human Services within 24 hours after learning of potential abuse.

All of the cases examined during the review involved victims under 18 years old and educators convicted under Chapter 709, the state’s sex abuse law.




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