Transcript Preventing sexual misconduct in schools

Washington Schools Risk Management Pool
Protecting Children
From Sexual
Misconduct of
Employees
November 30, 2010
Presentation and Materials By
Patterson Buchanan Fobes Leitch & Kalzer, Inc. P.S.
Seattle (206) 462-6700
1
Blind Spot
in Protecting Children
Boundary Invasions
Thesis
School districts can prevent a vast majority of
sexual misconduct by school employees
against students by monitoring boundary
invasions against students, and prohibiting
inappropriate boundary invasions.
3
The
Sexual Abuse
The Scope of the Problem
4
Occurrence of Sexual Abuse of Children
1 in 4 women
1 in 6 Men
5
1979 and 1984 studies
Different Patterns Above and Below
7th Grade
Below 7th: Educators who target
elementary school children are
often professionally accomplished
and even celebrated.
Above 7th: Late middle and high
school educator abusers may or
may not be outstanding practitioners.
6
Initial acts are somewhat less
premeditated and often are:
• Opportunistic,
• a result of bad judgment, or
• a misplaced sense of privilege.
Source: Shakeshaft, 2004
7
“Successive Approximation”
Used
• With the student: The student becomes
used to increasingly more intrusive boundary
invasions which eventually become sexual in
nature. I.e., boundary invasions come to
seem “normal” with the particular adult.
• With other adults: Other adults come to
see the boundary invasions as normal for the
teacher/employee but do not see the
boundary invasions which are sexual in
nature.
8
Sexual Grooming in a nutshell:
• Boundary invasions which become
increasingly more invasive and then sexual.
• They can not be called sexual grooming in
the earlier stages, because there may not be
anything verifiably sexual about them.
• They are nonetheless identifiable as
“boundary invasions.”
9
Is there a Problem in the Schools
9.6% of students are targets of educator sexual
misconduct during their school career.
10
American Association of University Women
Educator sexual offenders are:
Teachers
Coach
Sub. Teachers
Bus Drivers
Aides
Other
Security Gd.
Principal
Counselor
18%
15%
13%
12%
11%
10%
10%
6%
5%
11
The “Typical Situation”
Age of offender = Any age
Offender Gender = Male or Female
Age of victims
= Any age
 Victim Gender
= Male or female
• In other words, leave all preconceived
notions behind you.
• There is no “typical situation.”
12
Educator sexual offenders often are:
• Well-liked and considered excellent teachers
• Trusted by parents and staff
• Adults who have access to students before
or after school or in private situations (e.g.,
coaches, music teachers.)
• Work with vulnerable students.
13
Examples of Boundary Invasions which
could be potential Sexual Grooming:
Working with an individual student behind a
closed door.
Touching children when there is no
educational reason to do so.
Flirting with students.
Off-color remarks to students.
Giving a student rides alone.
Frequent socializing with a student at school.
Getting a student out of other classes to see
the teacher.
14
Boundary Invasions, cont’d:
• Socializing with the student away from
school.
• Inviting students to the teacher’s home.
• More than normal individual attention given
to a particular student.
• Frequent e-mails or texting to a child for
non-educational reasons.
• Using e-mail to do any of the above.
• Electronic social networking.
• Any combination of the above.
15
Other Red Flags
• An adult often engaging in “peer-like”
behavior with students.
• A teacher who asks students to keep secrets.
16
In Essence, Grooming Is Based Upon:
• Having a “Special Relationship” with a
student.
• Socializing with the student
» Away from school.
» After school hours.
» Electronically.
• Often the student:
» Has problems at home.
» Is in need of adult attention.
17
Grooming of adults-Often the teacher becomes known as
someone:
• Who deeply cares about students.
• So that focusing on a student seems not unusual.
• Who makes extra-special efforts to help kids.
• So that being with a student at odd hours seems
less odd.
18
How Perpetrators
Groom Victims with Boundary
Invasions
General familiarity with all students to
learn which students will let the
perpetrator get away with touching.
Increasing the touching and the
familiarity with the individual student so
that the student comes to accept it as
normal.
The touching can be actual or electronic.
Creating a special relationship.
19
Perpetrators, cont’d
Having secrets with the student, testing
the student’s reliability.
Telling the student, “It’s our secret.”
Helping the student blame him or
herself.
Threatening the student if the student
tells.
20
Perpetrators, cont’d
• Who would never be suspected of
misconduct.
• So that access to students is freely given.
• Who is just a “touchy,” “hugging” kind of
person.
• So that rumors of touchy-feely may be discounted.
21
Other Risk Indicators
•
•
•
•
•
•
•
•
•
The same student as teaching assistant
Personal problems
Financial problems
Being “too familiar” with students in general
Physical environment of classroom in chaos
Drug or alcohol problems
Working with students at odd hours
Sometimes general intimidation
“Peer-like” behavior
22
Inappropriate Boundary Invasions
• Any boundary invasion which does not have
a bona fide, legitimate educational, safety, or
health reason is inappropriate in the schools.
• Beware of people offering pretextual excuses
of educational, safety, or health reasons.
23
What Is Inappropriate?
• Impossible to describe in every situation.
• Depends on the totality of the situation.
• Experienced educators would know
something appears inappropriate.
• Anything which goes against generally
recognized professional practices.
24
To Avoid Allegations of Misconduct
– Recommendations to Educators Re
Communications with students:
E-mails: Do not use personal accounts
Text messages: Avoid
Phone calls: Avoid making personal cell
phone calls
MySpace/Facebook: Avoid student’s
MySpace, etc.; set your own to private
Classroom alone: Door open
25
The
Electronic Touching
26
What is Social Networking?
An online community of people who share
interests and/or activities, or who are
interested in exploring the interests and
activities of others. Most social network
services are web-based and provide a
variety of ways for users to interact, such as
email and instant messaging services.
27
Common Electronic
Touching of Students Tools
• Wikopedia lists 142 major active social
networking websites including:
–
–
–
–
–
–
–
Facebook
MySpace
Twitter
Linkedin
You Tube
Flickr
Blogspot, etc.
28
Distinctions Considered
•
•
•
•
•
On-Line Instruction
Not private
Valid and obvious
instructional and
educational purpose
Pre-Approved by the
school and part of the
planned instructional
methodology
Parents are aware
School can monitor
•
•
•
•
•
Social Networking
Private
Social in nature
Loose connection to
school, if connected at all
Often done without others
knowing
Often wouldn’t be allowed
if the telephone was
being used instead
29
Social Networking -The Telephone Test
• Communications with students should be of a
professional nature.
• If it would be odd or inappropriate to
communicate the same things by telephone,
it is inappropriate electronically too.
30
Social Networking –
Personal Social Needs Test
• Communications with students should be of a
professional nature.
• Employees should understand their role of
being the adult in the relationship with
students.
• Students are never their “peers.”
• Employees should not use students to meet
their own social needs.
• If they are, someone should stop them.
31
Bottom Line with Employee
Social Networking with Students
It is suspect behavior which should be
–
–
–
–
Prohibited in policies and training,
Investigated when it occurs,
Eradicated from schools, and
For which appropriate discipline should take
place.
32
On-Line Instruction Rules
• Text-message students only in rare
emergency like situations, never routine
situations.
• Text-messaging should not be done to
mentor or for any social purposes;
• Only done through the District access to
the internet (no private email accounts);
• Ideally through the school website and
thereby open to administrative supervision;
33
On-Line Instruction, cont’d
• Such communications would be approved
ahead of time by administration;
• Transparent, in that parents and
administration may review if they want;
• Parents are notified ahead of time that such
on-line instruction is taking place so that they
can take steps to monitor if they want).
34
Our Theme, Again
• By stopping inappropriate boundary
invasions by school employees with
students,
• You also stop most employee sexual
misconduct with students.
35
SCHOOL EMPLOYEE
MANDATORY
REPORTING DUTIES
36
Summary of Reporting Duties
1. RCW 26.44.030 (General Child Abuse
Reporting)
2. RCW 28A.400.317 (Reporting Abuse by
Employees to Appropriate Administrator)
3. RCW 28A.320.160 (Reporting Abuse to the
Parent)
4. RCW 28A.400.301 (Sexual Misconduct
References)
5. WAC 187-86-110 (Supt. Report to OSPI)
37
1-Mandatory Child Abuse Reporting Duty
(RCW 26.44.030)
• School employee in course and scope of
employment
• Determines there is reasonable cause to
believe that child abuse has occurred
• Must immediately report to CPS or police
• Must then report in writing within 48 hours
2- Special School Staff Reporting Duty
(RCW 28A.400.317(1))
• If a school employee
– has reasonable cause to believe a student has
been physically or sexually abused,
– OR has been the victim of sexual misconduct of
another school employee
• The employee must report such
abuse/misconduct to the appropriate school
administrator.
3-Duty to Report to Parents
(RCW 28A.320.160)
• Inform parents at the first opportunity, and no
later than 48 hours
• Of receiving a report alleging sexual
misconduct by a school employee where the
parent’s child is the alleged victim.
• Provide parents annually with information on
how to obtain employee discipline
documentation through the Public Records
Act.
40
4- Sexual Misconduct References
(RCW 28A.400.301 )
• Hiring district must check with prior districts.
• Prior districts disclosure if there is “sexual
misconduct material.”
• No agreements with certificated employees
to cover up sexual misconduct.
41
5- Superintendent’s Report to OSPI
(WAC 187-86-110)
• When the superintendent has sufficient
reliable information to believe that
• An employee is not of good moral character
or personally fit or has committed an act of
unprofessional conduct,
• The superintendent must report the
employee to OSPI’s Office of Professional
Practices.
42