Atlantic City High School's principal is "collateral damage" in the Small family's issues with their teenage daughter, Constance Days-Chapman's attorney said Tuesday.
Days-Chapman is accused of official misconduct for failing to report the teen's allegations of abuse at the hands of her parents.
Mayor Marty Small and Superintendent LaQuetta Small both face charges including assault and child endangerment.
Unlike Days-Chapman, both are still going to work every day.
Attorney Lee Vartan noted that disparity as he spoke to reporters after a brief pre-indictment conference before Superior Court Judge Bernard DeLury.
"My understanding right now is that the superintendent is still the superintendent, meaning (she) is coming to work everyday, receives pay," Vartan said. "Ms. Days is receiving pay but she's not coming to work, so there's an inequity there we may look to rectify."
It was the first time Days-Chapman's status was clarified, as the Board of Education voted only on her interim replacement, Donald Harris.
The board has yet to publicly address any of the criminal allegations, despite five meetings since Dr. Small was charged.
Two of those meetings were specifically held to address her employment, although all was done presumably in closed session.
The disparity in treatment between Dr. Small and Days-Chapman could become an issue if her leave continues into the next school year, Vartan said.
No plea offer has been made by the state, although Vartan indicated his client would not be interested anyway.
While they have not received any evidence from the Atlantic County Prosecutor's Office at this point, Vartan said he does not believe it rises to official misconduct.
Instead, he said he believes the office may "choose who they want to prosecute."
"It's very clear to me that Ms. Days is collateral damage in all of this," Vartan said. "But for her relationship with the mayor and the superintendent, she wouldn't be in this position."
He said he could point to many officials in Atlantic City or other school districts "who violated the rules in some way and were never prosecuted, let alone prosecuted for official misconduct."
In contrast, the charges indicate her close relationship with the Smalls is why Days-Chapman allegedly did not properly report the accusations to the Division of Child Protection and Permanency, as required of a mandatory reporter, which school officials are.
The Smalls' 16-year-old daughter was allegedly ignored when she first came to "Aunt Mandy" — as the Small children refer to Days-Chapman — about the alleged abuse by her parents.
When the teen then reported to another school employee, Days-Chapman allegedly denied knowing of the accusations and said she would report them to the state.
She instead went to the Smalls, the charges claim.
Another court date is set for July 11, but that may not happen if there is no indication the case can be resolved before it goes to a grand jury for indictment.
Vartan indicated a resolution is unlikely.
