ADDRESSING SEXUAL ABUSE BY SCHOOL EMPLOYEES TUETH KEENEY COOPER MOHAN JACKSTADT P.C. MSBA Annual Conference September 26, 2014 Margaret A. Hesse

RECOGNIZE THE SIGNS UNDERSTAND YOUR RESPONSIBILITY Sexual Harassment & Sexual Abuse TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

IN THE NEWS TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

IN THE NEWS TUETH KEENEY COOPER MOHAN JACKSTADT P.C. Recent national statistics: 10% of U.S. children will be victims of sexual misconduct by school employees 2750 educators have been sanctioned for sexual misconduct with minors in the past 5 years At least 75% of educator offenders teach fine arts, humanities, P.E. or coaching

TODAY’S TRAINING TUETH KEENEY COOPER MOHAN JACKSTADT P.C. Why are we here? Trends: Upswing in volume Downswing in age of student Increase in disparity of age between student and teacher Equalization of genders

POSSIBLE CAUSES 15 going on 25 (25, 35, 45…going on 15?) Lack of training Potential for repeat offenders because of ambiguous or incomplete information from previous employers TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

POSSIBLE CAUSES TUETH KEENEY COOPER MOHAN JACKSTADT P.C. Technology: Difficult for parents to supervise social networking or personal cell phone use Employees and students post personal information online Employees are Facebook “friends” with students Online relationships can confuse teacher/student boundaries Image from Wikimedia Commons

BEYOND FACEBOOK In October 2013, Facebook reported that teen usage of the social networking site has decreased. What is being used instead? TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

FACEBOOK ALTERNATIVES o Twitter o Vine o Instagram o KiK o WhatsApp o SnapChat TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

SNAPCHAT ISSUES TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

THE LAW TUETH KEENEY COOPER MOHAN JACKSTADT P.C. TITLE IX ●Federal law ●Prohibits discrimination of the basis of sex “under any education program or activity receiving federal financial assistance”  Discrimination includes sexual harassment  “Any program or activity…”

THE LAW TUETH KEENEY COOPER MOHAN JACKSTADT P.C. MHRA – (Doe v. Kansas City SD) ●State Law ●Has been interpreted to mean that schools can be responsible for abuse of students by school employees  Lower standard of proof than under federal law  Knew or “should have known”

THE LAW TUETH KEENEY COOPER MOHAN JACKSTADT P.C. Sexual abuse is also illegal under Missouri criminal statutes ●includes “sexual contact” with a student by any school employee or volunteer ●Regardless of age ● liability of the perpetrator for other crimes may depend upon the age of the victim

WARNING SIGNS OF HARASSMENT OR ABUSE Close friendship between teacher- student Off campus parties and get-togethers Student “hanging around” the teacher Abnormal one-on-one time  such as pulling out of class / staying after class TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

WARNING SIGNS Finding opportunities to be alone Circumspect “encounters” in odd places Student crushes Excessive mention of teacher to other (i.e. apparent fixation) s/ Facebooking TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

WARNING SIGNS Gifts Flirting Extended phone conversations and/or texting Use of cameras with student TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

WARNING SIGNS All of these can be signs that the adult is:  Preying on teen’s desire for adventure  Exploiting natural sexual curiosity of child  Developing trust and secrecy  Manipulating child  Easing inhibitions by gradually introducing sex in to conversations or exposing child to pornography  Driving a wedge between the child and parents or friends TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

WARNING SIGNS Additional signs:  Student withdraws from friends and activities  Drop in grades  Rumors amongst students TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response? REPORTING OBLIGATIONS REPORT TO DISTRICT  All employees and school officials must notify the administration of any:  Allegations  Observations  Rumors  District administration must investigate each allegation or report TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response? REPORTING OBLIGATIONS REPORT TO LAW ENFORCEMENT  Any potential criminal activity  Rape  Sexual assault  Sexual abuse  Child pornography  Sexual enticement  Sexual contact TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response? REPORTING OBLIGATIONS REPORT TO CHILDREN’S DIVISION  Any employee or school official who:  knows that a child has been subjected to abuse or neglect, or  has reasonable cause to suspect a child has been subjected to abuse or neglect, or  who observes a child being subjected to conditions or circumstances that would reasonable result in abuse or neglect  must immediately make a report to the principal, or designee, who will then make a report to the Children’s Division  The employee or official must also make his/her own report to the Children’s Division TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response? REPORTING OBLIGATIONS  If a student reports alleged sexual misconduct on the part of a school employee, such employee must report the information to the Superintendent.  The employee and the Superintendent must forward the information within 24 hours to the Children’s Division.  The District will investigate the allegation for the purpose of making decisions about the accused person’s employment. TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response? REPORTING OBLIGATIONS  Any school district employee, acting in good faith, who reports alleged sexual misconduct on the part of a school employee will not be disciplined or discriminated against because of such reporting. TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response?  Conduct your own investigation  Without interfering with C.D. or law enforcement – may need to wait  Preserve evidence  Document findings TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response?  Consider placing employee on administrative leave during pendency of investigation  MUST suspend the employee if allegations are substantiated by C.D.  Must disclose substantiated findings to prospective employers  Must disclose if employee resigns or is terminated “because of” allegations of sexual misconduct with a student (even if not substantiated) TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response?  Must disclose if employee resigns or is terminated “because of” allegations of sexual misconduct with a student (even if not substantiated)  If fail to disclose to another district and employee is found guilty of sexual misconduct with a student at the new district  The district is liable to the student and the employing district for the harm caused by the former employee  Must have a policy to address how references will be handled – and who will respond to requests for references TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response?  Display a caring attitude towards victims  Consider meeting with parents and student(s) involved  Consider offering counseling to victim  Consider offering change in school, if possible  Must protect from harassment or retaliation  Consider additional training for student body (and parents? employees?)  Consider media release  Be mindful of confidentiality TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

Our response? We are required to take prompt and effective steps reasonably calculated to end any harassment, including abuse. *Is there anything we can do to remedy the effect? *Is there anything we can do to prevent recurrence? TUETH KEENEY COOPER MOHAN JACKSTADT P.C.

QUESTIONS?