Transcript Document

Sexual Abuse in Schools
&
Hazing in Schools
Presented by Stephen J. Cerro, MS, ARM
Sr. Risk Control Specialist,
WRM – Wright Specialty Insurance
Uniqueness of Education
• Special position of trust
• Children are left at school in the care of
educators and staff
– Expectations
• Teach
• Positively influence their children’s character and
psychology.
Educator Sexual Misconduct
However, when an incidence of educator sexual
misconduct occurs with a child, both the parents
and fellow educators are often blindsided by the
event.
What is educator sexual misconduct?
“Educator sexual misconduct”
•Term that describes a continuum of inappropriate
behaviors, from sexual talk to intercourse,
which an adult in the education system exhibits
toward a student or former student under 18
years old.
•[It includes actions at the level of
criminal behavior and child abuse (such as
molestation or rape) and other noncriminal,
yet inappropriate, conduct (such as back rubs
and hand-holding).] Note: Definitions vary by state and by researchers
and practitioners.
Sexual Predators
• Sexual predators are clever and creative in
their schemes.
• Willing to invest significant time and energy
grooming and targeting children.
• Predators that are volunteers or are
“unofficial” volunteers,
– They know of possible situations in which they can
isolate children or they look for such situations.
Examples of Sexual Misconduct
• Personal space boundary violations, such as a
– student older than second grade sitting on a staff member’s lap or
– a teacher performing back rubs on a student;
• Sexual harassment* ,
1
– Requiring sexual favors in exchange for some other reward or
goal (quid pro quo), such as a higher grade, or
– Creating a hostile environment with the use of sexual
comments, jokes, gestures, pictures or
– Other content of a sexual nature unrelated to an approved
health curricula, in such a pervasive way as to make a student’s
environment unbearable;
*including both Title IX of the Education Amendments of 1972 definitions of “quid pro quo” (i.e. one thing in return for another)
and “hostile environment.”
More Examples
• Encouraging a child to engage in prostitution
or other sexual activity;
• Participating in pornographic photography or
video production; and
• Conducting sexual relationships with a
student or former student under the age of
18.
What is known about individuals who
commit this type of abuse?
There is no clear profile, but there are some shared
patterns of behavior.
•Some are monogamous and believe that they are in love with a
student.
•Others are “opportunistic predators” who go into the field of
education solely to have access to children.
•Still others are “bad judgment” personalities/predators who do
not go into education to target children, but end up in
relationships that meet their emotional needs.
Part of a Profile
It is known that although an offender can be male
or female,
•Most are heterosexual
•Less than a third of sexual misconduct incidents
involve same-sex victims, and
•Studies of convicted offenders indicate that an
offender can be employed in a variety of education
job categories (Shakeshaft, 2004).
Profile Info
A 2004 Education Week study of 1998
information in newspapers and computer
databases showed that:
• The majority (80%) of education sexual
offenders were male
• Age range of 21 – 75 years
• With an average age of 28 years
Victims
• 70% female
• Most students are 14+ years of age
• 4.5 million students will have encountered
some form of sexual misconduct by an
education within their K-12 experience.
Strategies for Prevention
• Know and understand the boundaries of
appropriate behavior in order to prevent
incidents or allegations of sexual misconduct.
• Policies should incorporate state and federal laws
and create structure and protective oversight for
the ways in which staff and volunteers have
access to students.
– such as criminal record checks, or written codes of
conduct, which should include consequences for
violations.
Strategies for Prevention
Some staff roles with students involve highly
personal services; therefore, clear job
descriptions, standards, safeguards and policies,
such as those governing:
• appropriate touching,
• overseeing toileting,
• chaperoning field trips,
• providing student transportation and
• administering health care - should be in place.
Being Prepared
Sexual misconduct may take on many forms.
• A number of educator sexual offenders claim to “fall in
love” with a student, while others are serial offenders
who coerce the victim to keep the relationship
undiscovered.
• A molester may be at different phases of exploitation
with different students.
• The characteristics of the exploiter also differ: some
offenders are crude and emotionally immature, while
others are socially skilled and act charming and helpful
to gain trust and access to their victims.
Investigation
• Most sexual relations with students take place in private, so
reporting requirements must address the range of
behaviors that cause even suspicion of sexual relations or
abuse.
• Since different people see different “parts of the whole
picture,” it is important to have a team of persons in each
school responsible for putting all “the parts” together to
form a complete picture of any sexual misconduct.
Investigation
• Sexual exploitation can be suspected because of a student
report,
• an observation of sexual behavior or
• because of inappropriate sexual or nonsexual behaviors
(e.g., flirting or being seen together in unsanctioned social
situations, respectively).
Investigation
• Interagency collaboration at the earliest stage of
the investigation minimizes the tainting of the
investigation by other parties, as well as trauma
to the victim.
• Further, outside investigations also protect
districts from allegations of bias.
• If law enforcement or child protective services
declines to investigate a situation, then
administrative investigations can become
primary.
Investigation
• Maintain confidentiality - to respect the employee’s rights and to
understand that staff members are innocent until proven guilty.
• The accused and the victim also should be kept apart.
– assigned accused to an office position or place on paid administrative
leave in order to promote a clean investigation.
• It is also helpful for the accused to have an advocate throughout
the investigative process, along with retaliation policies in place to
protect those who report the suspicious activity.
• By adhering to well established procedures, the response process
can protect all involved as the truth and consequences are sorted
out.
• Systems that promote rapid and effective investigations will
facilitate recovery.
Investigation Amid Controversy &
Activity Streams
• Note that staff will want to know why their colleague is on
leave
• If they can talk with them and what they are allowed to say
• Unless it is already public knowledge, administrators should
not give out the reason why
• Rumors need to be handled through H.R. and the
Administration, but shouldn’t be allowed to fester.
• The school may need to ask colleagues not to contact the
person so as to not taint the investigation.
• Compromises in the investigation could affect the student’s
and staff’s trust in the fairness of the investigation.
Recovery
• Unfounded or Unsubstantiated: then efforts need to be
made to support the educator’s return to school.
• The accuser also needs support at this time.
• This may include returning to the same or different
school.
• It also will require further evaluation about the
reported incident.
• Although rare, intentional false allegations do happen
and are reprehensible. Every district needs to have a
comprehensive policy to address false allegations that
outline if and when student sanctions are appropriate.
Recovery
• Substantiated: then appropriate sanctions, whether
administrative, criminal or both should be applied.
• Regardless of the outcome of an investigation, the school
community needs to be supported.
• Staff may wrestle with issues of loyalty to their fellow staff
member,
• Students may cope with feelings of betrayal and
• Media attention may bring repeated additional trauma to
the school community.
• There may be both criminal and civil trials, and each may
drive a cycle of press inquiries and news and difficult-tohandle negative reactions from the community.
Sample School District Behavioral Guidelines
Governing Adult-Student Interactions*
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Green Light Behaviors – These behaviors are
appropriate:
• Providing humor and friendly comments
• Giving compliments that are not overly personal
• Talking to, treating and touching all students in a consistent manner
• Making sure when alone with a student the door to the room is open
and ensuring that you are in plain sight
• • Spending a majority of time with all and not with one student or a single
group of students
• • Making personal contact only in safe-touch areas, which include the
shoulders, upper back, arms, head and hands
• • Educating all students and parents about the possibility of educator
sexual misconduct while using approved developmental, cultural and
socially appropriate materials
Sample School District Behavioral Guidelines
Governing Adult-Student Interactions*
Yellow Light Behaviors – These behaviors may
be misconstrued and should be stopped if currently
practiced:
• Singling out students for favors
• Giving overly personal cards, notes, e-mail or
yearbook inscriptions
• Teasing that references gender or contains
sexual innuendo
• Making sexist comments
Sample School District Behavioral Guidelines
Governing Adult-Student Interactions*
• Red Light Behaviors – These are inappropriate unless specifically
part of an education or counseling program:
• • Touching students frequently
• • Commenting on students’ bodies in an overtly sexual manner
• • Being alone in a locked room with student
• • Talking about student sexuality
• • Meeting students during out-of-school hours and away from the
school grounds
• • Lap sitting for students beyond second grade
* Seattle Public Schools (2007). Adult sexual misconduct: Keeping
students and staff safe. Guidelines for teachers and school personnel
[Brochure]. Seattle, WA: Seattle Public Schools.
Step 1: Risk Identification
• First and foremost – you need to fully understand
the exposure.
– You can do this as a committee of the school district
such as a Risk Management Committee
• Conduct an inventory of programs and activities
that involve students.
• Determine what are the typical situations,
programs and activities where abuse could occur.
Step 2: Identify All Vulnerabilities
• Complaints/Situations Ignored – Not following
policies/procedures that address complaint
handling.
• Ignoring Reasonable Suspicion –
Activities/circumstances that plainly lend to
misgivings about the appropriateness of the
situation.
• Letting Background Checks Slip – Not
conducting periodic checks.
Identify All Vulnerabilities
• Allowing “Special” Situations – We usually see
this with legacy programs or arrangements.
– Often involves students in isolated situations with
an adult.
• Not Enforcing Policies or Procedures – Such as
with transportation and supervision.
• Not Enforcing Disciplinary Procedures – Most
notably with unequal application of
disciplinary procedures.
Identify All Vulnerabilities
• “Pedestal Syndrome” – Holding proximate
staff or alumni above the law or institutional
policies.
• Culture – Do political or financial pressures
trump common sense and/or ethical integrity?
Vulnerabilities for Access and Entry
• Unrestricted Public Access
• Inadequate security
• Not limiting access particularly to private,
remote areas
• Poor key/code control
• Unrestricted access by vendors and/or
contractors
– Not accompanying contractors and vendors while
they are in the school
What Should You Be Looking For?
• H.R. Dept. – Social events, practices
– Stale or antiquated policies
– Interim management
• Finance Dept. – Changes in program funding
– Reduction in training
– Funding for small projects/programs
• Risk Management/Admin. – Issues with claim trends
– Complaints
– Current Background Checks
• School Security – Prior incidents
– Security vulnerabilities
– Access and Entry vulnerabilities
– Open access by staff to all buildings and facilities is not recommended
• Special Events – Programs after school
– Community outreach events
Assessing Your Programs, Operations
& Activities
• Travel/Transportation
– Unregulated?
– Allowance of one-on-one transportation?
• Unregulated Use of Social Media
– Allowing unrestricted access of social media
between students and
staff/teachers/volunteers/interns?
Assessing Your Programs, Operations
& Activities
• Volunteers
– Do volunteers have activity restrictions?
– Degree of involvement with students?
– Supervision of volunteers?
– “unofficial” volunteers?
• “Unofficial” Programs or Activities
– What/Where are they?
– How can they be controlled, managed?
Assessing Your Programs, Operations
& Activities
• Employees Without Background Checks
– Employees hired before present policies or
regulations
– Employees in categories not required to have
background checks
• Youth Programs at School
• Daycare
• Latchkey
Summary
It is important to
• Understand educator sexual misconduct
– Who they are?
– Who the victims are?
• Know how your school handles the problem
– Complaint system
– Investigation – Unfounded or Substantiated claim(s)
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Have behavioral guidelines established and communicated
Know how to assess your school’s exposure
Know what should you be looking for in your dept.
Assess your Programs, Operations & Activities
End of School Abuse/Sexual
Misconduct Slides
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• Questions???
Hazing
What is it?
“Hazing” means:
• committing an act against a student, or
• coercing a student into committing an act that
creates a risk of emotional, physical or
psychological harm to a person, in order for
the student to be initiated into or affiliated
with a student organization.
Glenbrook H.S.
How Prevalent?
• Report, Initiation Rites in American High
Schools: A National Survey, based on a survey
of more than 1,500 high school juniors and
seniors, was released in 2000.
• The results, according to Dr. Norman Pollard,
director of counseling and student
development at Alfred University and one of
report's authors, were "alarming."
Types of Hazing
• Nearly half the students who responded to the
survey reported being the victims of hazing.
• They were yelled or sworn at and thrown into pools,
oceans, creeks, ponds, or toilets.
• Students were forced to act as personal servants;
undress, tell dirty stories or jokes, or embarrass
themselves publicly; skip school or refuse to do
schoolwork or chores; tattoo, pierce, or shave
themselves or one another; eat or drink disgusting
things; and go without food, sleep, or cleanliness.
Results
• 43% of the students (more recent studies show 47%) surveyed
reported being subjected to humiliating activities,
• 23% reported hazing that involved substance abuse, and
• 30% reported performing illegal or potentially illegal acts.
• Because more than half the high school students subjected to
humiliation were also expected to engage in potentially illegal
acts, "humiliation appears to be a clear warning flag that
illegal hazing behaviors are involved or may develop," the
report states.
• More than 1.5 million high school students in the United
States are subjected to some form of hazing each year.
• Sports is a primary means of socialization in athletics.
"Suddenly, after years of involvement in
youth sports, they are expected to do
something dangerous or humiliating in
order to be part of a team.
• For some, to be humiliated is a better alternative
than to be isolated and ostracized in sports - Pollard.
Hazing
• Why should it be prohibited?
• Hazing negatively impacts the school culture
by creating an environment of fear, distrust,
intimidation and intolerance.
Hazing
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Typical situations where hazing could occur?
Athletics,
Clubs
Co-Ops
Assemblies
Associations
Productions or Projects
Groups, classes, teams, grade level
Band, Cheerleading and others
Hazing
Why should the prohibition be enforced?
• Can result in mental health problems, severe
injury, suicide or death as a result of physical
injury or intake of potentially harmful
substances
• Negative affect on the school and school
environment
• Against school policy
• Illegal in many states – IL – Class A
Misdemeanor/Class 4 Felony
Why Should The Prohibition Be
Enforced?
• Hazing is antithetical to one of the school’s
primary goals which is to promote respect,
dignity and equality for all students.
• It is essential to ensure a healthy environment
in which students can learn and employees
can work productively.
Disciplinary Measures
• Students: Discipline may range from a
reprimand up to and including permanent
suspension from school, to be imposed
consistent with the student conduct and
discipline policy including the athletic code of
conduct and applicable law.
Disciplinary Measures
• Employees: Discipline may range from a
warning up to and including termination, to
be imposed consistent with all applicable
contractual and statutory rights.
Disciplinary Measures
• Volunteers: Penalties may range from a
warning up to and including loss of district
business.
Disciplinary Measures
• Other individuals: Penalties may range from a
warning up to and including denial of future
access to school property.
Disciplinary Measures
• False or malicious complaints of hazing may
result in corrective or disciplinary action taken
against the complainant.
Policy
School Board Policy that
• Should condemn and strictly prohibit all forms
of hazing on
– school grounds,
– school buses and,
– at all school-sponsored activities, programs and
events including those that take place at locations
outside the district.
Application
• It should apply to all students, employees,
consultants or independent contractors,
volunteers, vendors, or other third-parties
with access to the schools.
Complaint Investigation
• Victims of hazing, and persons with knowledge of
hazing report the incident immediately.
• The district will promptly investigate all complaints of
hazing formal or informal, verbal or written.
• To the extent possible, all complaints will be treated
in a confidential manner.
• Limited disclosure may be necessary to complete a
thorough investigation.
Complaint Investigation
Complaints should document the hazing as soon
as it occurs and with as much detail as possible
including:
• the nature of the hazing specifically what was said
or done, and by whom;
• dates, times, place it has occurred;
• name of hazer(s)
• witnesses to the hazing; and
• the complaint’s response to the hazing.
Complaint Investigation
• Provide the complainant with a copy of the
Board Policy on Hazing and your
administrative regulation.
Investigation
• The Principal shall conduct a preliminary
review when they receive a verbal or written
complaint of hazing or if they or other
responsible individuals observe hazing.
• Except in the case of severe or criminal
conduct, the Principal should make all
reasonable efforts to resolve complaints
informally at the school level.
Investigation Steps
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Interview the complainant
Document the conversation.
Instruct the complainant to have no contact or
communication regarding the complaint with the alleged
hazer or others.
Ask the complainant specifically what action he/she wants
taken in order to resolve the complaint.
Ask the complainant to fill out a complaint form and give
him/her a copy of this policy and regulation.
Refer the complainant as appropriate, to school social
workers, school psychologists, crisis team managers, other
school staff, or appropriate outside agencies for counseling
services.
Investigation Steps
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Review any written documentation of the hazing prepared
by the complainant.
If the complainant has not prepared written
documentation, instruct the complainant to do so,
providing alternative formats for individuals with disabilities
and young children, who have difficulty writing and need
accommodation.
If someone other than the complainant prepares the
complaints, the complaint should be reviewed and signed,
as appropriate, by the complainant.
Determine whether there is any physical or other evidence
of the harassment in the complainant’s possession (i.e.,
notes, recordings, diaries, presents, or objects).
Investigation Steps
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Interview the alleged hazer regarding the
complaint and inform the alleged hazer that
if the objectionable conduct has occurred, it
must cease immediately.
Document the conversation.
Provide the alleged hazer an opportunity to
respond to the charges in writing.
Investigation Steps
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Instruct the alleged hazer to have no contact
or communication regarding the complaint
with the complainant and to not retaliate
against the complainant.
Warn the alleged hazer that if he/she makes
contact with or retaliates against the
complainant, he/she will be subject to
immediate disciplinary action.
Investigation Steps
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Interview any witnesses to the complaint.
Obtain (where appropriate) a written
statement from each witness.
Caution each witness to keep the complaint
and his/her statement confidential.
Investigation Steps
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Review all documentation and information
relevant to the complaint.
Suggest mediation, (where appropriate), as
a potential means of resolving the
complaint.
Investigation Steps
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In addition to mediation, use appropriate informal methods
to resolve the complaint, including but not limited to:
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discussion with the accused, informing him or her of the district’s
policies and indicating that the behavior must stop;
suggesting counseling and/or sensitivity training;
conducting training for the department or school in which the
behavior occurred, calling attention to the consequences of
engaging in such behavior;
requesting a letter of apology to the complainant;
writing letter of counseling;
Referral or consideration of disciplinary action; and/or
Separating the parties.
Investigation Steps
Parent/Student/Employee Involvement and
Notification
– Parents of student complainants shall be
notified within one school day of allegations that
are serious or involve repeated conduct.
– The parents of students who file serious
complaints are encouraged to participate at
each stage of both informal and formal
investigation and resolution procedures.
Investigation Steps
Parent/Student/Employee Involvement and
Notification
• If either the complainant or the accused is a disabled
student receiving special education services under
the IEP or section 504/Americans with Disabilities
Act accommodations,
– the committee on special education will be consulted to
determine the degree to which the student’s disability
either caused or is affected by the discrimination or policy
violation.
– In addition, due process procedures required for persons
with disabilities under state and federal law shall be
followed.
Investigation Steps
Parent/Student/Employee Involvement and
Notification
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The Principal shall submit a copy of all investigation and interview
documentation to the Superintendent or his/her designee.
At the conclusion of the investigation the principal or designee
shall report back to both the complainant and the accused,
notifying them in writing, and also in person as appropriate
regarding the outcome of the investigation and the action taken to
resolve the complaint.
The investigator shall instruct the complainant to report
immediately if the objectionable behavior occurs again or if the
alleged hazer retaliates against him/her.
Investigation Steps
Parent/Student/Employee Involvement and
Notification
– The investigator shall notify the complainant that if he/she
desires further investigation and action, he/she may
request a district level investigation by contacting the
Superintendent of Schools or other district level
representative.
– The investigator shall also notify the complainant of
his/her right to contact the U.S. Department of Education’s
Office for Civil Right and/or a private attorney.
– Employees may also contact the U.S. Equal Employment
Opportunity Commission of your state division of human
rights.
Investigation Steps
• If a complaint received by the Principal contains evidence or
allegations of serious or extreme hazing or acts, which shock
the conscience of a reasonable person, the complaint shall be
referred promptly to the Superintendent or other district level
representative.
• In addition, where the Principal has a reasonable suspicion
that the alleged hazing involves criminal activity, he/she
should immediately notify the Superintendent, who shall then
contact appropriate child protection and law enforcement
authorities.
• Where criminal activity or other serious hazing is alleged or
suspected by a district employee, the accused employee shall
be suspended pending the hazing of the investigation,
consistent with all contractual or statutory requirements.
District Investigation
• If a district investigation results in a
determination that hazing did occur, prompt
corrective action will be taken to end the
hazing.
• Where appropriate, district investigators may
suggest mediation as a means of exploring
options of corrective action and informally
resolving the complaint.
Retaliation Prohibited
• All complainants and those who participate in
the investigation of a complaint of hazing,
have the right to be free from retaliation of
any kind.
• The complainant will be notified of the
outcome of the investigation.
Training
• Training programs shall be presented to
students and employees to raise awareness of
the issues surrounding hazing, and to
implement preventive measures to help
reduce incidents of hazing.
Parental Notification of Policy
• Parents should be informed of this policy and
the district’s efforts to provide training to
students and staff.
Communication of Policy
• Post in a prominent place in each district
facility and on school buses
• Publish in student registration materials,
student, parent and employee handbooks,
and other appropriate school publications.
• Discuss at orientation and other appropriate
times
Communication in Schools
Principals in each school and program directors shall be
responsible for:
• informing students and staff on a yearly basis of the
terms of this policy,
• including the procedures established for
investigation and resolution of complaints,
• general issues surrounding hazing the rights and
• responsibilities of students and employees,
• and the impact of hazing on the complainant.
Summary
You should know:
• What Hazing is
• Where does it occur
• The types of hazing
• Impact on students and the learning environment
• Recommended disciplinary measures
• Importance of establishing a policy prohibiting hazing and
retaliation
• How to handle complaints and subsequent investigation
• When and what to include in training and communications for
all stakeholders
THE END
Contact:
Stephen J. Cerro,
Sr. Risk Control Specialist,
WRM – WRIGHT SPECIALTY INSURANCE
[email protected]
1.920.979.9760
End of School Hazing Slides
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• Questions???