Transcript Document

SEXUAL MISCONDUCT
by School Staff
What School Staff
Need to Know and Do
Lynden School District
February, 2009
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School Staff Sexual Misconduct
Definition:
A term that describes a continuum of
inappropriate behaviors, from sexual talk
to intercourse, which an adult in the
education system exhibits toward a current
district student or toward a former district
student under 18 years of age.
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School Staff Sexual Misconduct
Sexual misconduct by a school employee is
particularly troubling because of the trust placed
in them by parents and the community.
Parents/guardians leave their children in the
care of school staff expecting these adults to
teach their children, to positively influence their
children’s character and to be protective of their
emotional well-being.
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School Staff Sexual Misconduct
The Lynden School District has a notolerance policy toward sexual misconduct
by our employees and will fully investigate
any reported concerns in this regard.
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School Staff Sexual Misconduct
Can consist of:
Personal Space Boundary Violations
Sexual Harassment
Sexual Abuse
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School Staff Sexual Misconduct
Personal Space Boundary Violations may
include:
a student sitting on a staff member’s lap;
hand holding;
excessive contact outside the bounds of school
or a school-related activity;
back rubs.
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School Staff Sexual Misconduct
Sexual Harassment includes:
requiring sexual favors in exchange for some other
reward such as a higher grade or a starting position on a
team.
creating a hostile environment with the use of sexual
comments, jokes, gestures, pictures or other content in
such a way so as to make a student’s environment
unbearable. (Feeling harassed has more to do with the
interpretation of the victim than how the giver of the message
intends the message to be received.)
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School Staff Sexual Misconduct
Sexual Abuse includes:
encouraging a child to engage in prostitution or
other sexual activity;
participating in pornographic photography or
video production;
conducting sexual relationships with a current
district student or with a former district student
under the age of 18.
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School Staff Sexual Misconduct
School employees who commit sexual
abuse may:
believe that they’re “in love” with a student.
be “Opportunistic Predators” who chose the
education field specifically to have access to
children.
be “Bad Judgment Predators” who initiate
relationships to meet their needs.
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School Staff Sexual Misconduct
Regardless of the employee’s motivation,
the student’s well-being is no longer the
top priority.
The offender’s concern is meeting his or her
own needs at the expense of the child’s.
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School Staff Sexual Misconduct
How prevalent is this problem?
Studies have examined the phenomenon, but
because most students do not immediately
disclose inappropriate incidents, data are
incomplete. It is estimated that approximately
10% of school-age children are subject to sexual
misconduct by a school staff member at some
time between kindergarten and the 12th grade.
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School Staff Sexual Misconduct
More on prevalence…..
Student victims are most often of high school
age.
Approximately 65% of victims are 14 years and
older.
Approximately 70% of the cases involve female
victims.
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School Staff Sexual Misconduct
Addressing the Problem:
All adults working in education share the
same responsibility for creating and
maintaining a safe, healthy and secure
learning environment for all students, staff,
parents and volunteers.
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School Staff Sexual Misconduct
Prevention:
Stringent job applicant screening procedures.
All District employees should know and
understand the boundaries of appropriate
behavior.
Maintain a “no tolerance” policy in dealing with
staff who behave inappropriately in their
interactions with students.
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School Staff Sexual Misconduct
Common Behavioral Guidelines
Governing Staff-Student Interactions:
Green Light Behaviors – appropriate
Yellow Light Behaviors – may be misconstrued
and should be stopped
Red Light Behaviors – inappropriate unless
specifically part of an education or counseling program
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School Staff Sexual Misconduct
Green Light Behaviors – appropriate:
Providing humor and friendly comments.
Giving compliments that are not overly personal.
Talking to, treating and touching all students in a consistent
and appropriate manner.
Spending the majority of time with all students and not with
one or a single group of students.
Limiting personal contact and only in safe-touch areas which
include the shoulders, upper back, head and hands.
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School Staff Sexual Misconduct
Yellow Light Behaviors - may be
misconstrued and should be stopped,
including:
Singling out students for favors.
Teasing that references gender or contains
sexual innuendo.
Making sexist comments.
Being in a room alone with a student. (If
unavoidable, the door and blinds need to be open and
the persons should be visible.)
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School Staff Sexual Misconduct
Red Light Behaviors – inappropriate unless
specifically part of an education or counseling program.
Becoming close, personal friends with a student.
Touching students frequently.
Giving personal cards, notes, e-mails, text messages,
voice messages, yearbook inscriptions, etc.
Being in a locked room with a student.
Talking about student sexuality.
Meeting with students during out-of-school hours and
away from school grounds.
Lap sitting of students beyond second grade.
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School Staff Sexual Misconduct
School employees who exploit students
commonly follow a progression of 3
phases of interaction with the schools,
parents and students:
Phase 1 – Trolling and Testing
Phase 2 – Grooming
Phase 3 – Exploiting and Lulling
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School Staff Sexual Misconduct
3 Phases of Sex Offender Exploitation by a
School Employee:
Phase 1 – Trolling and Testing:
Schools – offender looks for schools with loose sexual
misconduct policies and little understanding about sexual abuse in
schools.
Parents – offender looks for parents who need assistance with or
are disengaged from parenting.
Students – offender looks for a student who is emotionally
vulnerable and who would be more open to someone stepping in to
fill an emotional void.
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School Staff Sexual Misconduct
3 Phases of Sex Offender Exploitation by a
School Employee:
Phase 2 – Grooming:
Schools – offender sets up a public persona so that accusations
will not be believed, or so that they can explain away any
questionable behavior.
Parents – offender will be helpful to the family so that access to
the student during non-school time is easier.
Students – offender will desensitize the student to inappropriate
behaviors and make the student feel special through both nonsexual
and sexual ways.
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School Staff Sexual Misconduct
Phase 2 – Grooming (continued):
Students – Nonsexual warning signs include:
offender trying to move the relationship to a personal
level;
telling the student their own personal problems;
discouraging the student from talking to other school
employees about personal problems;
or asking the student to run personal errands.
These non-sexual activities are ways to determine the
degree to which the exploiter can influence the student.
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School Staff Sexual Misconduct
Phase 2 – Grooming (continued):
Students – Sexual warning signs may include:
offender scheduling appointments with the student in the
evenings;
(taking pleasure in) talking about the student’s sexual
matters or romantic relationships;
engaging in seductive behaviors;
recommending drugs or alcohol as a means of relaxing;
or initiating physical contact or suggesting a sexual
relationship.
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School Staff Sexual Misconduct
3 Phases of Sex Offender Exploitation by a
School Employee:
Phase 3 – Exploiting and Lulling:
Schools – offender begins to be more aggressive in defending
behavior by indicating that he or she is more caring and engaged
with students than others in the school system.
Parents – offender will begin to assume more support from the
family while isolating the student from the parents.
Students – offender bribes, isolates, extorts, intimidates and/or
coerces the student.
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School Staff Sexual Misconduct
Any act of sexual misconduct by a school
employee is extremely serious. Sexual
exploitation can be suspected as a result of:
a student, staff person or community member report.
an observation of inappropriate sexual behavior.
an observation of inappropriate nonsexual behavior (i.e.
flirting or being seen together in unsanctioned social situations).
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School Staff Sexual Misconduct
Criminal vs. District Matter:
Suspected sexual abuse by a school employee is a
criminal matter and will be reported to the appropriate
enforcement agency – local law enforcement and/or
Child Protective Services. State law mandates
certificated staff report (or cause to be reported through
a supervisor) suspected child abuse by anyone to CPS
within 48 hours of becoming aware of the concern.
Failure to do so could result in the loss of an employee’s
licensure. The Washington State OSPI Office of
Professional Practices will also be notified.
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School Staff Sexual Misconduct
Criminal vs. District Matter:
Sexual harassment or inappropriate boundary-setting
behaviors are initially investigated by administration or
by an outside agency on behalf of the District. At any
time, depending on the information learned, a specific
matter may be turned over to local law enforcement,
Child Protective Services and/or the Washington State
OSPI Office of Professional Practices.
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School Staff Sexual Misconduct
In responding to a complaint / concern
regarding possible sexual misconduct by a staff
member, the District is committed to a rapid and
effective investigation that:
minimizes trauma to the alleged victim;
maintains confidentiality as much as possible and
respects the due process rights of the staff member in
question, and;
minimizes the possibility of tainting the investigation.
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School Staff Sexual Misconduct
During an investigation, especially if the staff
member is placed on administrative leave, fellow
staff may want to know:
Why is a colleague on leave?
Can they talk with the person? … and, if so,
What are they allowed to say?
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School Staff Sexual Misconduct
This is typically a time of tension. Administrators
will usually be asked not to state the reason for the staff
member’s leave. Staff members may even be directed
not to contact the person in question. This is in the best
interest of the alleged victim and the staff person being
investigated. It also helps to maintain the integrity and
validity of the investigation. This is often difficult because
a natural reaction is to want to reach out and support
your colleague. And, we know that in a vacuum of
information, rumors ensue. All staff are asked to refrain
from engaging in any conversation that could harm
persons or the process.
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School Staff Sexual Misconduct
Post Investigation – 3 Possible Findings:
Unfounded – allegation(s) found to be untrue or the
situation was misconstrued.
Unsubstantiated – not enough evidence to confirm
the allegations.
Substantiated – a preponderance of evidence
supports the allegations. Appropriate sanctions, whether
administrative, criminal or both will be applied.
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School Staff Sexual Misconduct
Regardless of the outcome of an
investigation,
staff and students may deal with supportive or negative
emotions about or toward the alleged victim.
staff may wrestle with issues of loyalty to their colleague,
with anger toward him/her or guilt (i.e. I should have known.).
students may also deal with feeling defensive for the
staff person or with anger toward him/her.
students may begin to question their relationships with
other school employees.
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School Staff Sexual Misconduct
Regardless of the outcome of an
investigation (continued),
some, perhaps many, in the school community may
struggle with the question, “Should I have known…..?”
media attention will add to the trauma of the school
community.
there will be negative reactions from the community (i.e.
The District should have known earlier; The District acted too slowly;
The District was too aggressive, etc.).
healing will be needed and it takes time.
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School Staff Sexual Misconduct
Our commitment to our students……
If any Lynden School District employee
suspects or witnesses any instance of
sexual misconduct by school staff, they
must communicate their concern to their
supervisor, to another administrator in the
District or law enforcement.
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School Staff Sexual Misconduct
Conclusion:
Though rare, sexual misconduct by those who work with
children is a reality that can devastate students, parents,
school districts and entire communities.
The reality is that the overwhelming majority of America’s
school employees are committed and caring
professionals whose top priority is the safety and well
being of students.
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School Staff Sexual Misconduct
References / Resources:
American Association of University Women (2001). Hostile Hallways.
Canfield and Associates.
Hendrie, Carolyn (1998). “Sex With Students: When Employees Cross the
Line.”
Reynolds, Barbara (2002). Crises and Emergency Risk Communication.
Seattle Public Schools (2007). Adult Sexual Misconduct: Keeping Students
and Staff Safe.
Shakeshaft, Carol (2004). Educator Sexual Misconduct: A synthesis of
Existing Literature.
Shoop, Robert J. (2004). Sexual Exploitation in Schools: How to Spot It and
Stop It.
Stop Educator Sexual Abuse, Misconduct and Exploitation (S.E.S.A.M.E.)
U.S. Dept. of Education’s Office of Safe and Drug-Free Schools. The
Readiness and Emergency Management for Schools (REMS) Center.
Van Dam, Carla (2006). The Socially Skilled Child Molester: Differentiating
the Guilty from the Falsely Accused.
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