UPDATE (May 18, 2018)-- The case against Scott Shipley was dismissed after he completed his diversion agreement.
FORTVILLE, Ind. -- FOX59 has learned new information in the case against a Mount Vernon school principal accused of failing to immediately report allegations made against a teacher’s aide.
Mount Vernon Middle School Principal Scott Shipley faces charges for not immediately reporting rumors surrounding Aide Kisha Nuckols.
Nuckols is accused of having sex with multiple students and sending sexually explicit photos of herself to students.
FOX59 has uncovered court documents that show how Shipley’s defense attorney will answer the charges in court. In a court motion, Shipley’s attorney says Shipley had no obligation to report the allegations in a timely manner because the victim was over 18.
The motion states, “If the potential victim is an adult at the time that the potential abuse or neglect is discovered, it is unreasonable to impose any duty to report…” The motion goes on to say, “…this cause should be dismissed with prejudice.”
Shipley’s attorney explained the strategy further in an interview with FOX59.
"When Mr. Shipley became aware of any potential issues, the child was already 18 years of age," said Attorney John Tompkins.
Tompkins goes on to say the child abuse statutes in this case don’t pertain because the victim was already an adult at the time.
"Indiana law is very clear, it's intended to protect children under the age of 18, this individual was not under the age of 18," said Tompkins.
Hancock County prosecutors have not specifically addressed the age issue. But in earlier interviews, they made it clear what they believe Principal Shipley’s responsibility was in this case.
"You want to hope that the administration is run in such a way and things are done in such a way to ensure that children are put first and their interests are put first and that`s why these laws are in place," said Prosecutor Brent Eaton.