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Information Session Safeguarding Children : Building Public Confidence Information Session Safeguarding Children : Building Public Confidence Catholic.

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Presentation on theme: "Information Session Safeguarding Children : Building Public Confidence Information Session Safeguarding Children : Building Public Confidence Catholic."— Presentation transcript:

1 Information Session Safeguarding Children : Building Public Confidence Information Session Safeguarding Children : Building Public Confidence Catholic Commission for Employment Relations

2 1. Module 1- Reportable allegations - Ombudsman’s Office 2. Scenarios - Ombudsman 3. Module 2 – Conduct reportable to the Commission for Children and Young People 4. Scenarios – Commission for Children and Young People 5. End Presentation Modules

3 REPORTABLE ALLEGATIONS TO THE OMBUDSMAN’S OFFICE Please Note: Reports to the Ombudsman are based on allegations (that is complaints on face value) as the Ombudsman’s process is an allegations based scheme

4 Safe and supportive work environments The following process is only one of a number of work practices aimed at: b b lawful compliance b b adherence to duty of care b b ensuring safe work environments for children and employees b b reflective of the Catholic values of the work place and the parish community

5 Safe and supportive work environments Examples of such work practices/documents: b b Occupational Health and Safety b b Mandatory reporting to Department of Community services b b Professional development b b Employee Assistance Programs b b Appropriate selection of staff b b Clear policies, code of conducts and workplace procedures b b Supervision b b Mission statements and other associated documents

6 Role of NSW Ombudsman’s Office b b The NSW Ombudsman’s role in child protection was established following the Royal Commission into the NSW Police Service in response to identified issues concerning agencies’ systems for responding to allegations of child abuse against employees b b The Ombudsman has a role in oversighting Catholic schools in NSW in how they respond to allegations and make employment decisions involving employees b b The Ombudsman also handles complaints about the investigation process b b Catholic Schools in NSW are oversighted and required to report to the Ombudsman Office

7 Complaints that a Catholic school must report to the Ombudsman’s Office Requires a current “employee” (at the time the allegation was made) Requires a child to be under age of 18 years at time of alleged incident Requires an allegation of “reportable conduct”

8 Who is “employed” or “engaged”? A person is employed by the school, if the school provides a group certificate for taxation purposes A person is engaged, if the school: b b Provides the person with work b b Provides the person with general directions about the services to be provided b b Is able to terminate the contract or involvement if work unsatisfactory or for any other reason

9 Examples of who may be an “employee” DESIGNATED NON-GOVERNMENT AGENCY - Non government school Principal Teachers Parish Priest Assistant Priest Volunteers parents Religious Br or Sr Teachers Aide Gardeners Boarding supervisors L ibrarian School administration staff School nurse Private bus driver Work experience placements Sports coaches Guest speakers School counsellor

10 Definition of reportable conduct Reportable allegation: ‘an allegation of reportable conduct against a person is an allegation of reportable conduct or an allegation of misconduct that may involve reportable conduct’

11 Reportable Conduct: a) Any sexual offence, sexual misconduct, committed against, with or in the presence of a child (including a child pornography offence), or b) Any assault, ill-treatment or neglect of a child, or c) Any behaviour that causes psychological harm to a child, whether or not in any case, with the consent of the child. What conduct does the school have to report to the Ombudsman ?

12 Sexual offences include Sexual offences include (not limited to): b b Acts of indecency (contrary to community standards) b b Indecent assault (assault with sexual connotations) b b Sexual intercourse and sexual assault b b Exposing oneself b b Possession of child pornography Ombudsman Act Sexual Offences

13 Range of behaviours/pattern of behaviour which may be aimed at the involvement of a child in sexual acts b b Inappropriate conversations of a sexual nature b b Unwarranted and inappropriate touching b b Sexual exhibitionism b b Personal correspondence of a sexual nature b b Grooming behaviour – special relationship; testing of boundaries – usually pattern of behaviour With or without child’s consent Ombudsman Act Sexual Misconduct

14 Ombudsman Act Assault Ombudsman Act Assault Physical assault Physical assault includes an application of force or an act that causes the child to think that immediate force will be used b b The act is either hostile or reckless b b No physical harm/injury is required b b Intention of employee is not relevant Examples: pushing, hitting, shaking, smacking, kicking, threatening to hit, unreasonable restraint

15 Neglect b b Neglect is usually a failure to take action to provide basic physical and emotional necessities of life to a child Example: failure to provide medical attentionIll-treatment b b Ill-treatment is where the employee exceeds what is reasonable or appropriate for the situation b b Focus is on the alleged conduct not whether harm is caused to the child Examples: locking a child in a cupboard; taping a child to a chair Ombudsman Act Neglect & Ill-treatment Ombudsman Act Neglect & Ill-treatment

16 Ombudsman Act Psychological Harm Ombudsman Act Psychological Harm b psychological harm b Any behaviour that causes psychological harm to a child, whether or not in any case with the consent of the child. b b The allegation must contain 3 elements Alleged inappropriate conduct of an employee (usually a pattern/repetitive) 2. Alleged harm caused to a targeted child or group of children 3. A causal link between the conduct and the harm b b Examples: Degrading, Isolating, intimidating, exploitation, humiliating

17 Ombudsman Act Misconduct that may involve reportable conduct Ombudsman Act Misconduct that may involve reportable conduct Where the behaviour suggests that there: 1. 1.May be a pattern of behaviour, or 2. 2.May indicate misconduct which poses a risk to children e.g. breach of boundaries, such as taking children home in employee’s car; giving gifts to child b b This is reportable to the Ombudsman

18 EXEMPTIONS TO REPORTABLE CONDUCT

19 What does NOT need reporting to the Ombudsman ?   Complaints/allegations that do not fall within definition of “reportable conduct”   An allegation that on face value is reasonable for the care and discipline and management of a child and consistent with the code of conduct   An allegation that is one of physical force and is of a trivial and negligible nature in all the circumstances AND the employer is going to investigate the complaint and record the result   An allegation of conduct that falls within a Class or Kind Determination   Systemic schools   Catholic Independent Schools   These allegations/complaints do not require reporting to the Ombudsman Office. The schools usual grievance/inquiry process is applied

20 What does NOT need reporting to the Ombudsman ? Continued..  An allegation of conduct that falls within a Class or Kind Determination for Systemic Schools   Yrs K-4 first time allegations of a low level physical nature where contact is below the neck   Yrs 5-12 first time allegations of a low level physical nature, but not kicking or punching of a student   First time allegations of neglect involving failure to provide supervision, or a failure to provide adequate medical treatment where the risk of harm was reasonably perceived at the time to be low These allegations/complaints do not require reporting to the Ombudsman Office. The schools usual grievance/inquiry process is applied

21 What does not need reporting to the Ombudsman’s ? Continued..  An allegation of conduct that falls within a Class or Kind Determination for Catholic Independent Schools - - First time allegations of a low level physical nature where contact is below the neck, except shaking, kicking or punching with full force -First time allegations of neglect involving failure to provide supervision, or a failure to provide adequate medical treatment where the risk of harm was reasonably perceived at the time to be low

22 The employer has the duty to enquire into all complaints… Principles applied to all investigation/grievance processes b b Transparency - including clear documentation b b Confidentiality b b Support to all parties b b The level of seriousness = the level of investigation b b Procedural fairness: - Inform employee of allegation and provide an opportunity to respond - Make reasonable inquiries before reaching a finding - Consider all relevant available evidence - Act fairly and without bias/conflict of interest - Conduct investigation without undue delay

23 The employer has a duty to make a finding When a complaint is reportable to the Ombudsman an employer may make a finding as follows: b b Sustained (that is, on the balance of evidence the allegation is found to have occurred) b b Not reportable conduct (that is, on the balance of evidence the allegation is found not to have occurred) b b Not sustained (that is, insufficient evidence is available to prove that the alleged conduct did or did not occur) b b False b b Vexatious b b Misconceived

24 What happens to the documentation relating to the complaint ? b b When the complaint is not reportable to the Ombudsman, a copy of the file is retained with the employer and at CCER (as Head of Agency ) as applicable b b When the complaint is reportable to the Ombudsman, a copy of the file is retained with the employer, with CCER (as Head of Agency) and at the Ombudsman’s Office b b Employees may apply for access to their file through the employer b b All documents are stored securely

25 OMBUDSMAN SCENARIOS

26 Scenario 1 The football coach jumps up, slaps a boy on the back and then lifts another up into the air triumphantly as the 1st 15 team wins the grand final in extra time. Is this reportable to the Ombudsman? YesNo

27 Yes is incorrect X

28 No is correct No is correct √ An allegation for physical assault requires that there be some application of force; and that b b the act is either hostile or reckless ; or b b the act has caused the child or young person to think that immediate force will be used (fear of imminent harm) In this scenario the complaint contains b b no indication that the act was hostile or reckless, b b no indication that the child was in imminent fear of harm NO There is NO allegation of reportable conduct

29 Scenario 2 A year 11 student is clowning around and completely ignoring the teacher’s requests to stop. As the teacher passes his desk, he sees the student making obscene gestures at another student. The teacher clips the student on the back of the head to get his attention. Another student tells the Principal. Is this a complaint that is reportable to the Ombudsman? YesNo

30 Yes is incorrect X

31 No is correct No is correct √ Whilst clearly a physical assault, it may be exempt from reporting to the Ombudsman if it is either 1) considered to be trivial or negligible in all the circumstances; Or 2)A first time allegation within the Class or Kind Determination The employer is still required to investigate the matter and take appropriate action if the conduct is found to have occurred

32 Scenario 3 A year 10 student is sent to the Deputy Principal’s office for misbehavior. He complains that the teacher pushed him out the door and he hit his side on a railing opposite the door. You know this student is one of the most difficult in the school. You also know that this teacher had 2 similar complaints last year which were both sustained. Is this complaint reportable to the Ombudsman? YesNo

33 No is incorrect X

34 Yes is correct Yes is correct √ The alleged incident meets the criteria of a physical assault in that: b b there was some application of force b b on the face of the allegation it seems hostile This matter would not be exempt as “trivial or negligible in all the circumstances” as this is a third incident indicating a pattern of behaviour. Also the level of force is high (pushing into a railing) This would not be exempt within the Class or Kind Determination as it is not a first time allegation

35 Scenario 4 A student reports that during preparation for a school reconciliation, the instructing priest, Fr Peters, poked him in the back for talking continually and “it hurt”. Is this reportable to the Ombudsman? YesNo

36 Yes is incorrect X

37 No is correct No is correct √ Whilst clearly a physical assault, it would be exempt from reporting to the Ombudsman as a “poke” in the back is either : 1) considered to be trivial or negligible in all the circumstances; Or 2) a first time allegation within the Class or Kind Determination The employer would refer the matter to the Chancery for the investigation and management of this matter

38 Scenario 5 Anthony aged 13 has been challenging all day. During a visit to the library, he begins to mishandle a number of library books. The librarian who is approaching the end the day is feeling worn out and frustrated. She asks him to put the books down. Anthony replied, “ I just feel like messing about right now.” The librarian says “don’t do that” and grabs the books out of Anthony’s hands. Anthony complaints that she pulled his arm and hurt it by grabbing the book. He says his arm hurt all day and night. Is this reportable to the Ombudsman? YesNo

39 Yes is incorrect X

40 No is correct No is correct √ Whilst an allegation of “grabbing a child by the arm” in a disciplinary context is clearly a physical assault, it may be exempt from reporting to the Ombudsman if it is either: 1) considered to be trivial or negligible in all the circumstances; Or 2) a first time allegation within the Class or Kind Determination The employer is still required to investigate the matter and take appropriate action if the conduct is found to have occurred

41 Scenario 6 A year 1 child is on a behaviour management program agreed to by the parent and the school. This allows the class teacher to remove him to a safe place when his behaviour is aggressive to other students. During an outdoor assembly, he begins to punch and kick a child next to him. The class teacher picks him up as approved by the behaviour management program and carries him to the safe place. The mother is present and upset by the incident, complaining her son was assaulted. Is this reportable to the Ombudsman? YesNo

42 Yes is incorrect X

43 No is correct No is correct √ As the conduct alleged by the mother is consistent with what is contained within the agreed behaviour management plan, this would be exempt from reporting as: “The complaint is reasonable conduct subject to relevant codes of conduct or professional standards” The matter is not reportable to the Ombudsman and the standard school grievance process would apply

44 Scenario 7 A parent complains that a casual teacher was rude and shouted at her son’s class. Her son was reluctant to go to school this week. The parent is concerned that this may affect her son’s HSC exams due to commence soon. Is this reportable to the Ombudsman? YesNo

45 Yes is incorrect X

46 No is correct No is correct √ b b This is not an allegation of psychological harm as not all of the 3 criteria have been alleged. That is, the alleged conduct is not targeted at the child, and it is not alleged that the child has suffered significant harm b b The matter is not reportable to the Ombudsman and the standard school complaint/grievance process would apply

47 Scenario 8 A parent complains that her son in yr 8 was not provided with medical treatment when he suffered concussion as a result of being hit over the hit by another student with a baseball bat. Is this reportable to the Ombudsman? YesNo

48 b b This is an allegation of neglect because it is an allegation that a person responsible for the care of the child failed to meet a child’s physical needs by not providing medical attention when required Yes is correct Yes is correct √

49 N0 is incorrect X

50 Scenario 9 A 15 year old girl complains that her teacher makes her feel uncomfortable. She says the teacher has tried to get her alone with him in the photography dark room, and made comments about how long her legs are and he “would win competitions if he could take photos of legs like that”. He also leans too closely to her when she is working in class and recently touched her on the breast when walking past her. Is this reportable to the Ombudsman? YesNo

51 No is incorrect X

52 Yes is correct Yes is correct √ b b This is an allegation of sexual misconduct. It includes a pattern of alleged behaviour such as unwarranted and inappropriate touching and inappropriate comments of a sexual nature

53 Scenario 10 A former student attends the school and reports that during yr 11 and yr 12, she was harassed by her year co- ordinator when at school. He would her, send SMS messages with sexual innuendos, gave her birthday cards and an end of year gift. She did not tell anyone though she felt a bit embarrassed at the time. Now she realizes it has affected her self esteem, and she is suffering depression and anxiety as a result. Is this reportable to the Ombudsman? YesNo

54 No is incorrect X

55 Yes is correct Yes is correct √ b This is an allegation of psychological harm as the three elements are alleged, that is:   inappropriate conduct that is repetitive and targeted at a child, AND   significant harm suffered by the child, AND   a causal link between the inappropriate conduct alleged and significant harm suffered   Note: this may also be an allegation of sexual misconduct

56 Scenario 11 The school arranges for a private bus company to regularly drive students to football games. On one such occasion, the bus driver grabs a student by the arm and verbally admonishes him for being rude again. The boy was apparently making racist offensive remarks. He is known to demonstrate extremely difficult behaviour at school. Is this reportable to the Ombudsman? YesNo

57 Yes is incorrect X b b unless there were other similar allegations demonstrating a pattern of inappropriate behaviour in which case it would be a reportable matter

58 No is correct No is correct √ Whilst an allegation of “grabbing a child by the arm” in a disciplinary context is clearly a physical assault, it may be exempt from reporting to the Ombudsman if it is either 1) considered to be trivial or negligible in all the circumstances; Or 2) a first time allegation within the Class or Kind Determination The employer is still required to investigate the matter and take appropriate action if the conduct is found to have occurred

59 Scenario 12 Students report to a teacher that another yr 11 student has been saying that he loved his recent work experience placement. Apparently he is telling everyone how the blokes there were really “awesome” and “cool”. They showed him all “porno” sites on computer and he had ready access to the latest playboy magazines in lunch breaks. Is this reportable to the Ombudsman? YesNo

60 No is incorrect X

61 Yes is correct Yes is correct √ b b This is an allegation of sexual misconduct. b b It includes a pattern of alleged behaviour such as exposing a child to pornography and inappropriate comments of a sexual nature

62 REPORTABLE MATTERS TO THE TO THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE Please Note: Reports to CCYP are based on findings as the CCYP process is a findings based scheme

63 Role of the Commission for Children and Young People (CCYP) b b Established as an independent organisation to make NSW a safer place for children and young people b b Develops guidelines and regulations for the implementation of the Working with Children Check b b One function is to facilitate employment screening for child-related positions promoting integrity, consistency and probity amongst employer procedures b b Responsible for the database for employment screening in which employers are required to forward any “relevant employment proceedings”

64 Employers are required to report the following to CCYP Relevant Employment Proceedings That is: disciplinary proceedings (in this State or elsewhere) against an employee by the employer or by a professional or other body that supervises the professional conduct of the employee, being proceedings involving: (a) reportable conduct by the employee, that is: any sexual offence, sexual misconduct, committed against, with or in the presence of a child (including a child pornography offence), or, any assault, ill-treatment or neglect of a child, or any behaviour that causes psychological harm (b) an act of violence committed by the employee in the course of employment and in the presence of a child Applies to all relevant employment proceedings since 3 July 1995

65 Matters that should not be notified to CCYP b b Where completed employment proceedings have found that an incident was not reportable conduct or not an act of violence. b b Where relevant completed employment proceedings find an allegation to be: ReasonableReasonable for discipline, management or care and in accordance with relevant professional standards Trivial or negligibleTrivial or negligible, where the agency is one to which Part 3A of the Ombudsman Act 1997 applies and there is documented investigation of the allegation “Inappropriate professional conduct”“Inappropriate professional conduct” as defined in the CCYP Class or Kind Agreement (only relevant to certain employees referred to in the Agreement, and only includes conduct involving low level physical force)

66 Matters that should not be notified to CCYP - cont b b Where relevant completed employment proceedings find an allegation to be: FalseFalse (i.e. the alleged conduct did not occur); or VexatiousVexatious (i.e. the allegation was made without substance and with the intent of being malicious or to cause distress to the person against whom the allegation was made); or MisconceivedMisconceived (i.e. even though the allegation was made in good faith the person making the allegation misunderstood what actually occurred);

67 Matters that should be reported to CCYP Conduct being reported to CCYP may be reported to: b b Category 1 OR b b Category 2

68 Employers should report as Category One: All relevant employment proceedings where the enquires found: a. a. Reportable conduct; or An act of violence; OR b. b. Some evidence that reportable conduct or an act of violence occurred however the finding is inconclusive; and The employer who undertook the employment proceeding thinks that the conduct should be considered in future risk assessments

69 Category One Category One includes: b b matters that are always cause for concern, or b b matters which an employer suspects are part of a pattern of behaviour and therefore of significance when determining a person’s suitability for future child-related employment. Category One matters will trigger a risk assessment if that person applies for future child-related employment.

70 Employers should report as Category Two: Employers should report as Category Two: All relevant employment proceedings where enquiries have found: b b some evidence that reportable conduct or an act of violence occurred, however the finding is inconclusive, AND b b The employer who undertook the employment proceeding thinks that the conduct of the employee should not be considered in future risk assessments. Note: Particular employers and employees in which the CCYP Class or Kind Determination refers to may also report “minor physical assault” directly into category 2 instead of category 1 if the employer is of the view that it should not be considered in future risk assessments

71 Category Two Category 2 matters include: b b matters which by themselves are not concerning, but which if repeated or considered with other matters such as a relevant criminal history or relevant Apprehended Violence Order, may indicate a pattern that needs to be taken into account when determining a person’s suitability for future child- related employment. b. b Category 2 matters alone do not trigger a risk assessment should that person apply for future child- related employment.

72 Can a Category One matter become a Category Two matter ? When any employer who undertook the employment proceeding has reasonable grounds for believing a Category One matter should be classified as Category Two, the employer may make a submission to CCYP setting out their reasons CCYP will determine whether the matter should be moved to Category Two

73 Can a Category Two become a Category One matter ? The CCYP will review Category Two matters to determine whether they should be moved to Category One in the following circumstances: b b Where there is a further notification into Category Two; or b b Where there is another record held on the person (relevant criminal record, relevant Apprehended Violence Order or a Category One employment proceeding) The Commission will also review Category Two matters to determine whether the records indicate a pattern of behaviour that should be taken into account during employment screening

74 CCYP SCENARIOS

75 Scenario 1 A year 11 student was clowning around and completely ignoring the teacher’s requests to stop. As the teacher passes his desk, he sees the student making obscene gestures at another student. The teacher clips the student on the back of the head to get his attention. The investigation found that the alleged conduct as described did occur. Is this conduct that is reportable to CCYP? YesNo

76 Yes is incorrect X

77 No is correct No is correct √ Whilst clearly inappropriate conduct, the matter does NOT require reporting to CCYP as it is either: 1) 1)low level force of a trivial or negligible nature; OR 1) 1)conduct that is “inappropriate professional behaviour” (when the employer and employee are a person who the CCYP Class or Kind Agreement applies)

78 Scenario 2 A year 10 student complained that a teacher pushed him out the door and he hit his side on a railing opposite the door. The investigation found that the teacher did push the student out the door when he was lingering and back chatting at the teacher when asked to leave the classroom. It is sustained as an assault although the issue of whether the student hit the railing is not conclusive. The employer knows that this teacher has had 2 similar complaint last year which were both sustained. Is this complaint reportable to CCYP? YesNo

79 No is incorrect X

80 Yes is correct Yes is correct √ The conduct is “reportable conduct”, that is a physical assault This matter would not be exempt as “trivial or negligible in all the circumstances” as there is a sustained pattern of similar inappropriate behaviour Normally this would be reported to Category 1 as an assault. However, the employer may report this directly to Category 2 if the employer is of the view that it should not be considered in a future risk assessment (if the CCYP Class or Kind Agreement applies)

81 Scenario 3 An investigation into the complaint that during preparation for a school reconciliation the instructing priest poked a student in the back for talking continually is sustained. Is this reportable to CCYP? YesNo

82 Yes is incorrect X

83 No is correct No is correct √ Whilst the conduct found it inappropriate, this is not required to be reported to CCYP as it is conduct involving physical force that is considered to be trivial or negligible in all the circumstances

84 Scenario 4 Anthony aged 13 is a challenging student that begins to mishandle books in a school library. The librarian asked him to stop. The student replied “I just feel like messing about right now”. The librarian allegedly pulled the student by the arm hurting him. The investigation found that the allegation of assault is not sustained. On the account of 2 credible witnesses, it is found that she did not touch Anthony but she did pull the books from his arms. The employers view is that the librarian’s response was inappropriate and the principal intends to talk to her about preferred management of the students conduct. Is this reportable to CCYP? YesNo

85 Yes is incorrect X

86 No is correct No is correct √ The finding is that “reportable conduct” did not occur. Therefore the matter is not reportable to CCYP.

87 Scenario 5 It is alleged that a teacher hurt a year 5 student when he grabbed him by the arm and pulled him whilst on an excursion at the Easter Show. The child told the complainant that he was running out of line when the teacher grabbed him “so hard” that he was knocked over and then had his arm twisted. The teacher reported that the child had run out of line into the path of a moving tram. The teacher reported grabbing the child to stop him from being hit by the tram and in doing so he had tripped over and both had fallen to the ground. The child appeared shocked but unhurt and presented as happy during the rest of the excursion. A number of witnesses corroborate the teachers account, and two witnesses state that if the teacher had not acted the child would probably have been hit by the tram. Is this reportable to the CCYP? YesNo

88 Yes is incorrect X

89 No is correct No is correct √ b b This is not reportable to CCYP as the conduct is not reportable conduct. b b The allegation of physical assault is proven not to have occurred b b The teacher acted appropriately in the circumstances to protect the child. The teachers actions were found not to be excessive in the circumstances. The child falling and any injury was found to be accidental b b This may also be recorded as “misconceived”

90 Scenario 6 A parent complains that her son in yr 8 was not provided medical treatment when he suffered concussion as a result of being hit over the head by another student with a baseball bat. The investigation found that the child was not hit over the head with a bat as alleged. He was accidentally hit with a baseball bag with some bats in it when another child swung it over their own shoulder. The supervising teacher did attend to the child immediately. The child showed no sign of concussion during the afternoon and continued to participate in active sports. Is this reportable to the CCYP? YesNo

91 This does not require reporting as “reportable conduct” is found not to have occurred. No is correct No is correct √

92 Yes is incorrect X

93 Scenario 7 A 15 year old girl complained that her teacher makes her feel uncomfortable. She said the teacher has tried to get her alone with him in the photography dark room, and made comments about how long her legs are and he “would win competitions if he could take photos of legs like that”. He also leans too closely to her when she is working in class and rubs her on the back. She also alleged that he touched her on the breast when passing her in the classroom. The investigation found the allegation not sustained as there is insufficient evidence to establish if the alleged conduct occurred or not. There is a statement from one witness student saying that he was next to her when she claims the teacher touched her breast. He reports that the teacher did not touch the student near the breast and any contact was accidental. Another witness student states she heard the comment about her legs and was also present in the class when the teacher is alleged to have touched the complainant on the breast. Her recollection is that the teachers hand did make contact with the breast and it could have been avoided. The teacher denies any wrongdoing. He believes any touching or comments he has made may have been misconstrued. There are no previous complaints of this nature against this teacher Is this reportable to the CCYP? YesNo

94 No is incorrect X

95 Yes is correct Yes is correct √ This is reportable to CCYP as there is “some evidence of reportable conduct “ however the finding is inconclusive It will be reported into Category 1 if the employer is of the view that the matter should be considered in future risk assessments It will be reported into Category 2 if the employer is of the view that the matter should NOT be considered in future risk assessments

96 Scenario 8 A former student attends the school and reports that during yr 11 and yr 12, she was harassed by her year co-ordinator when at school. He would her, send SMS messages with sexual innuendos gave her birthday cards and an end of year gift. She did not know any better when at school though she felt a bit embarrassed at the time. Now she realizes it has affected her self esteem, and she is suffering depression and anxiety as a result. During the inquiries, the complainant produces evidence of the birthday cards and s. Two former students give information supporting the allegation. A medical report provides evidence of depression linked to the conduct. The finding is that the allegation is sustained. Is this reportable to the CCYP? YesNo

97 No is incorrect X

98 Yes is correct Yes is correct √ This is reportable conduct (either as psychological harm or sexual misconduct and either of these require reporting to Category 1 at CCYP) b b It may be psychological harm as the three elements alleged are proven, that is:   inappropriate conduct that is repetitive and targeted at a child, AND,   significant harm suffered by the child, AND,   a causal link between the inappropriate conduct alleged and significant harm suffered It may be sexual misconduct – evidence found a pattern of inappropriate and unwarranted contact, sexual innuendo, grooming

99 Scenario 9 A parent calls into the school complaining that their son had witnessed a teacher from the school fighting in the oval after a school football match with a parent from another school. The fight occurred in front of at least 20 students. The investigation into the teacher’s conduct was sustained as it was corroborated by numerous students. Is this reportable to the CCYP ? YesNo

100 No is incorrect X

101 Yes is correct This is a “relevant employment proceeding” as it is sustained act of violence committed by an employee in the course of employment and in the presence of children This is a reportable to Category 1

102 Scenario 10 It is alleged that a year 11 student on recent work experience placement was shown “porno” sites on computer and he had ready access to the latest playboy magazines in lunch breaks. The investigation finds the allegation of sexual misconduct sustained. Is this reportable to the CCYP? YesNo

103 No is incorrect X

104 Yes is correct Yes is correct √ b b This is reportable conduct b b This is required to be reported to Category 1


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