SAN JOSE (CBS SF) — Police are continuing to investigate whether a South Bay school principal broke the law when he failed to report a sex allegation about one of his teachers to police.

Instead, the principle allowed the teacher accused of having a relationship with a student to continue to work.

Zachary Drew, an English teacher at Summit Tahoma Charter School in San Jose, has been charged with carrying on a sexual relationship with his student for months. He was also put on leave last week.

“I saw it on the news and went, ‘Oh my God,'” said Summit parent James Wheeler.

But police say it should’ve happened earlier.

Court documents show principal Nicholas Kim knew about the allegations, but never called police.

In police reports, officers said Kim “believed, because he was told this incident was sparked by a rumor, there was no need to report to CPS or law enforcement.”

It was a parent who finally called police.

When authorities went to talk to the alleged victim at the school, they say Kim interrupted and told them “the interview had to be stopped because her parents had not been notified.”

Detectives then “apologized [to the girl] and told Kim entering the room was not appropriate.”

The law says school staff must tell police within 36 hours of learning about an incident.

But school leaders are defending the principal, saying the teen and teacher denied the allegations, so he didn’t have enough reasonable suspicion required by law.

However, the Department of Education website states it is not the job of the mandated reporter to determine whether allegations are valid.

Kim remains at the school as police now investigate his actions.

“It does concern me that nothing was said to anyone about the situation at all,” said Wheeler.

School leaders released a statement saying the District Attorney does not believe the principal broke any laws, but police are still investigating.

Authorities say if they find any evidence that the principal broke the law, they will present it to the DA’s office.

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