New documents appear to have been filed in Mandan abuse reporting case

These allegations were contained in affidavits filed by Christine, David Fleischacker and Thomas Hoopes. All three were charged with failure to comply with mandated reporting in connection with allegations that a male student sexually assaulted female students at Holy Family School during a period beginning in 2020 and ending in 2023. During that time, David Fleischacker was the school’s principal, Hoppes served as assistant principal and Christine Fleischacker was the school’s science director, according to an affidavit. The charges against them were ultimately dismissed in favor of a number of professionals, including educators, attending training required by state and federal law to report abuse to the appropriate authorities.

The Hoopes and the Fleischackers asked South Central District Judge Cynthia Feland to shut down public access to the case records. State law presumes that criminal court records are public in most cases, but exceptions are made under certain circumstances, including but not limited to children, private business information, autopsy reports and photographs, and certain domestic situations.

At the hearing on October 22, lawyers for the three officials argued that it was appropriate to seal the records because the cases were ultimately dismissed.

Feland argued that the motions did not provide sufficient justification for the records to be sealed, despite the prosecutor’s approval in criminal cases, and stated that the dismissal of the charges did not automatically qualify as legitimate grounds for the records to be closed. public view. He ordered attorneys to file additional affidavits on behalf of Christine Fleischacker and Hoopes explaining why the records should be sealed. Now these documents have been filed.

Under court administrative rules, a judge may order the record sealed if a petitioner demonstrates that maintaining the presumption of openness could adversely affect individual privacy rights, proprietary business information, public safety, or create a risk of injury to individuals. Other options available to the judge under the rules include making corrections or imposing partial restrictions.

Hoopes and Christine Fleischacker’s affidavits filed in late October claim that maintaining the presumption of openness would negatively impact their personal and professional reputations and potentially negatively impact the school.

“A dismissed charge is generally viewed the same as a criminal conviction,” Hoopes’ affidavit states. “Allowing the public to access these court records remotely would negatively and unfairly impact my reputation and ability to serve as a school administrator, and would also unfairly impact the school and students I love to serve.”

In her affidavit, Christine Fleischacker points out that she has no prior criminal record and says that if the records in her file are left open to public scrutiny, “people will believe that I am not qualified to continue working in education.”

Christine Fleischacker, who says she was a “central team member” in the founding of Holy Family School, argues, like Hoopes, that public access “could lead many parents to have unnecessary concerns about not sending their children to our school, which could endanger the schools at the school.” the success of the school and my career educating Montessori adolescent students.

In his Oct. 1 affidavit, David Fleischacker argues that sealing the records from public view does not constitute “special treatment.”

“I am asking the court to seal the records because of the impact that public access to this case, which was dismissed after just six weeks, would have on my 40-year unblemished career and the unfair suspicion it would cast on a great school,” Fleischacker said. wrote.

As of Friday, records in all three cases remained open.

To date, neither officials nor his attorneys have responded to Tribune requests for comment.

In a letter to the editor published in the Tribune on Nov. 8, Hoopes said the newspaper’s previous reporting on the matter was inaccurate because “this is not a case of misconduct.”

Hoopes was one of four people connected to the school criminally charged under state and federal law with failing to report child sexual abuse or neglect. According to information on the school’s website, Hoopes is currently listed as the school’s principal, while David Fleischacker is listed as a Montessori Mentor. Christine Fleischacker is not among the school’s faculty or staff. The fourth person, the Rev. Joshua Waltz, was at St. John’s Church in Mandan. Joseph’s Church, St. He serves as chaplain at St. Joseph Montessori School and Holy Family School. Court records related to a criminal case against Waltz have already been ordered sealed. Because of this order, it is not possible to determine which of the 10 district court judges signed the order.

David Fleischacker is currently listed as head of liberal arts at the University of Mary. Christine Fleischacker is listed on the university’s website as an associate professor of science and fellow of Catholic Studies.

“Our faculty and staff are trained mandated reporters,” Hoopes says in his letter to the editor. Court records obtained by the Tribune show that he and the Fleischackers received mandatory training as reporters following the charges in their respective cases. Special Assistant Morton County State’s Attorney Todd Schwarz told Feland at an Oct. 22 hearing that he dismissed the charges “because he wanted to.” “They need to get training.”

Documents related to the three unsealed cases show the charges were filed June 26, each a Class B misdemeanor that carries a maximum sentence of 30 days in jail and a fine of up to $1,500. and Human Services say Hoopes completed online training as a mandatory reporter on Aug. 7, while David and Christine Fleischacker completed similar training on Aug. 5 and Aug. 8, respectively. Under state law, HHS provides for mandatory reporting of suspected child abuse and neglect.

Court records show the charges were dismissed after all three officials presented evidence of course completion. Court records show David Fleischacker’s charge was dismissed on Aug. 8, Christine Fleischacker’s charge was dismissed on Aug. 12, and Hoopes’ charge was dismissed on Aug. 27. Lawyers representing all three later filed petitions requesting that court records related to the cases be protected from public access.

“These cases were dismissed within five weeks,” Lloyd Suhr, the attorney representing David Fleischacker, told Feland at the Oct. 22 hearing. “The presumption of openness should be removed.”

The affidavit, filed by a Mandan police officer, states that three female students enrolled at the school filed a complaint against Fleischackers or Hoopes following incidents involving a boy, identified as a male student between the ages of 16 and 17, who allegedly sexually assaulted them. The boy was expelled from the school in late 2023 for other incidents not directly related to sexual behavior toward girls, according to the affidavit.

According to the affidavit, the girls reported multiple incidents in which the boy touched them inappropriately, made inappropriate comments and left messages that could be perceived as sexual in nature. The document also states that the boy spied on girls changing clothes for rituals and was observed masturbating in an empty classroom.

On one occasion, David Fleischacker allegedly told a school employee that “all girls lie,” according to the affidavit. Regarding another incident, the affidavit alleges Hoopes told a female student who reported being assaulted that “the only recourse a student has to report a grievance or grievance is to go to a teacher or Joshua Waltz (Father Waltz) to address the matter.” “

In another example, a girl reported incidents to multiple teachers and administrators, but none of them reported the incidents as required by law, according to the affidavit. One of these staff members reportedly told the girl that she should pray for the boy.