INDIANAPOLIS (WISH) — Park Tudor School will not face charges after the school failed to properly report information regarding the case against a former basketball coach.
The United States Attorney’s Office and Park Tudor School agreed to a deferred prosecution agreement.
A ten-page document states that the now-deceased Park Tudor Head of School, Matthew Miller, would have faced charges for misprision of a felony for concealing information related to the case against Kyle Cox. Miller committed suicide in January.
Cox was sentenced to 168 months in prison after he tried to entice a 15-year-old student into a sexual relationship. The federal investigation into Cox began in early January when search warrants were served at the school.
Court documents state that Miller delayed reporting the information regarding Cox to DCS for approximately 24 hours. The documents, which only refer to Miller as “Park Tudor Head of School,” state that a different Park Tudor official was directed to make the DCS report but was not provided with all of the information that was known at the time.
Documents also say that Miller failed to correct the other Park Tudor official when a call was made to DCS on speakerphone. The other official was unaware that sexually explicit pictures had been exchanged between Cox and the underage victim.
Miller also had Cox sign a confidentiality agreement which had Cox agree to resign, not have communication with students and not divulge the reason for his resignation.
Miller is also accused of not turning over a laptop containing pictures to law enforcement and that he tried to have Park Tudor’s outside counsel “negotiate” a confidentiality agreement with the victim’s parents.
Documents state that the school and its board “have taken positive and assertive steps to remedy this situation” following the death of Miller and the arrest of Cox, including having staff trained in programs presented by Prevent Child Abuse Indiana.
The school will now avoid prosecution by adhering to certain conditions laid out. The agreement term is in effect until March 15, 2018.
Under the agreement, the school and its employees must:
- Not violate any law
- Immediately report any allegations of suspected child abuse and neglect
- Continue to formulate, implement and enforce policies to ensure the immediate reporting of suspected child abuse and neglect
- Continue training employees on the dynamics of child abuse
- Continue to develop, implement and enforce policies and procedures regarding teacher-student contact in order to reduce the likelihood of the formation of illegal and inappropriate relationships
The school will also continue to have an independent monitor report to the United States Attorney’s Office.
“I think this agreement, requiring Park Tudor to make some changes so this doesn’t happen again, I think that is a clear positive outcome,” said U.S. Attorney Josh Minkler.