Sexual Abuse Resources for Educators and Administrators
Sexual Abuse Resources for Educators and Administrators
by Susan K. Smith, Attorney at Law
Prepared in connection with the author's keynote address to the
State of Conn. Dept. of Education Conference March 29, 1999:
"Screening and Hiring Quality Educators for
Connecticut's Public Schools"
Updated August 25, 2007
For live links to all these resources, this bibliography will be maintained
on the web at smith-lawfirm.com/teachers.htm.
Sexual Abuse Sexual Abuse Materials: Articles about sexual abuse in general, legal issues, resources from the author's website:
- Mandatory Reporting Page. Mandatory reporting explained, links to statutes and references to mandatory reporting laws in all 50 states.
- Connecticut's Sexual Offender Registration Law (Megan's Law). Text of the law, legislative history, archive of summaries of news stories and articles addressing the problems and inadequacies of offender registration.
- Connecticut Criminal Penal Statutes Relating to Sexual Assault and Abuse, including § 53a-71 relating to teachers and school employees.
- Connecticut Criminal Statute of Limitations.
- U.S. Department of Education 1994 Report on Teacher Sexual Abuse, including full text of report.
- Abstract - Research on teacher fear of abuse allegations and impact on classroom.
- ERIC Digest: The Role of Schools in Sexual Abuse Prevention and Intervention.
Recommended Articles
Trust Betrayed: Sexual Abuse by Teachers: An excellent series of articles with resources and links. "The project involved scores of interviews with state and local education and law-enforcement officials, other experts, teachers, principals, parents, and victims, as well as an extensive review of court documents, journal articles, and public-policy records. That research, with independent, follow-up reporting, led to the creation of a database of 244 cases that were active in either criminal or civil courts or being handled by school district investigators. In addition, Education Week reporters surveyed officials from each of the 50 states on their laws and policies on sexual relations with students and the reporting of alleged abuse by school employees."
Responding to Complaints of Sexual Abuse by Carol Shakeshaft, School Administrator, October 1994, Number 9 Vol. 51. Article drawn from a forthcoming book, In Loco Parentis: Sexual Abuse in Schools, to be published by Routledge.
Gebser v. Lago Vista Indepdendent School District (Decided June 22, 1998). Links to summaries and full version of case holding that, under Title XIX, school district is only liable to a student for sexual harassment or abuse of a teacher if it has actual notice.
- Summary of Gebser prepared by the National Organization of Women
- Davis v. Monroe County Board of Education: Student on Student Sexual Harassment. On May 24, 1999, the United States Supreme Court that a student can sue a school board under Title IX, 20 U.S.C. § 1681(a) in cases of student-on-student harassment. The remedy under Title IX is only available, however, where the school is deliberately indifferent to the sexual harassment, the school has actual knowledge, and the harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school. The student alleged that a fellow fifth grader sexually harassed her on several occasions in class. After complaining to three teachers and the principal, the student filed suit under Title IX. The Court reasoned that the regulatory scheme under Title IX gave adequate notice to the school board that it could be held liable for the actions of those under its control. Opinion below: Davis v. Monroe County Bd. of Educ., 120 F.3d 1390 (11th Cir. (Ga.) Aug. 21, 1997). The Davis case only addresses claims brought under Federal law. State law remedies for negligence may also be available to students who are victimized by other students if the school "knew or should have known" of the harassment.
National Crime Prevention and Privacy Compact (1997), Amending the Child Abuse Prevention and Treatment and Adoption Act ("CAPTA" 1993), including: Subchapter VI: Child Abuse Crime Information and Background Checks 42 U.S.C. § 5119. Reporting child abuse crime information § 5119a. Background checks § 5119b.
- Sets up nationwide network to facilitate the state-to-state sharing of criminal record information for individuals who work with children. Provides guidelines for requesting the information. Voluntary participation by the states has as yet prevented effective implementation of the goals of the 1993 amendments despite economic incentives built into the 1997 Act.
- Volunteers for Children Act Public Law 105-251 (1998). 1998 Amendment to the National Crime Prevention and Privacy Compact (1997) including TITLE II: National Criminal History Access and Child Protection Act. Authorizes criminal record checks for employees or volunteers of entities that work with children even if a state has not subscribed to the National Crime Prevention and Privacy Compact described above.
American Bar Association Center on Children and the Law on the issue of Tort Law report to the Task Force on Child Sexual Abuse of the National Collaboration for Youth entitled "Criminal History Record Checks: A Report for Non-Profits," (April 1991). Discusses legal liability issues relating to performing background checks. Argues that if an organization has the capacity to access criminal record information, a legal duty to investigate those records will probably exist. However, liability is most likely based upon all the facts and circumstances, not just the failure to conduct a background check. This conclusion is consistent with the 1997 and 1998 CAPTA amendments.
"What Principals Should Know About Child Abuse," Principal, November 19__, pp. 9-14. (To order back issues of Principal magazine, call NAESP's Educational Products Department, 1-800-38-NAESP.)
Statistics about Child Abuse Offenders and Victims. Statistics and facts documented with citations to articles in the research literature and from the Dept. of Justice.
The Importance of Educating Children to Prevent Abuse:
- Op-ed piece: Sex Education Helps Keep Kids Safe From Abuse. "If sex is never talked about . . then children will be very reluctant to tell if theyve been abused." By Patricia Wass, Coordinator of Sexual Assault Crisis Services at the Susan B. Anthony Project in Torrington, Connecticut.
- What is Child Sex Abuse? A guide to teach children personal safety rules to reduce the risk of sexual abuse. "Children are best protected by giving them the knowledge and skills necessary for their safety and well-being." Includes list of recognized symptoms of child sexual abuse.
