Washington Schools Risk Management Pool

Protecting Children From Sexual

Misconduct of Employees

November 30, 2010

Presentation and Materials ByPatterson Buchanan Fobes Leitch & Kalzer, Inc. P.S.

Seattle (206) 462-67001

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.

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The

The Scope of the Problem

Sexual Abuse

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Occurrence of Sexual Abuse of Children

1 in 4 women

1 in 6 Men

1979 and 1984 studies5

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.

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Initial acts are somewhat less premeditated and often are:

• Opportunistic,• a result of bad judgment, or • a misplaced sense of privilege.

Source: Shakeshaft, 2004

“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.

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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.”

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Is there a Problem in the Schools

9.6% of students are targets of educator sexual misconduct during their school career.

American Association of University Women10

Educator sexual offenders are:

Teachers 18%Coach 15%Sub. Teachers 13%Bus Drivers 12%Aides 11%Other 10%Security Gd. 10%Principal 6%Counselor 5%

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The “Typical Situation”

Age of offender = Any ageOffender Gender = Male or FemaleAge of victims = Any ageVictim 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.

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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.

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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.

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Other Red Flags

• An adult often engaging in “peer-like” behavior with students.

• A teacher who asks students to keep secrets.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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 open25

The

Electronic Touching

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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.

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Common Electronic Touching of Students Tools

• Wikopedia lists 142 major active social networking websites including:– Facebook– MySpace– Twitter– Linkedin– You Tube– Flickr– Blogspot, etc.

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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

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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.

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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.

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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.

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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;

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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).

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Our Theme, Again

• By stopping inappropriate boundary invasions by school employees with students,

• You also stop most employee sexual misconduct with students.

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SCHOOL EMPLOYEE MANDATORY

REPORTING DUTIES

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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)

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• 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

1-Mandatory Child Abuse Reporting Duty (RCW 26.44.030)

• 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.

2- Special School Staff Reporting Duty (RCW 28A.400.317(1))

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.

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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.

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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.

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