on Educator Sexual Misconduct

All quoted material in this section is taken directly from a report prepared in 2004 for the U.S. Department of Education entitled "Educator Sexual Misconduct:  A Synthesis of Existing Literature" by Charol Shakeshaft, Ph. D., a professor at Hofstra University.

Educator Sexual Misconduct is "behavior by an educator that is directed at a student and intended to sexually arouse or titillate the educator or the child."  

What constitutes "an educator"?

An educator includes "any person older than 18 who works with or for a school or other educational or learning organization.  This service may be paid or unpaid, professional, classified or volunteer.  Adults covered by this review might be teachers, counselors, school administrators, secretaries, bus drivers, coaches, parent volunteers for student activities, lunchroom attendants, tutors, music teachers, special education aides, or any other adult in contact in a school-related relationship with a student."  

What is the definition of "a student"?

The term "student" is used to reference "any person, whatever age, in an educational institution up through 12th grade."  

What types of behavior would be considered "sexual misconduct"?

As Ms. Shakeshaft indicates, there are several types of behaviors that constitute sexual misconduct that include physical, verbal or visual stimuli.  "Examples include touching breasts or genitals of students; oral, anal, and vaginal penetration; showing students pictures of a sexual nature; and sexually-related conversations, jokes, or questions directed at students."

In addition, the U.S. Department of Education's report listed the following as sexual misconduct:

 ·       Any conduct that would amount to sexual harassment under Title IX of 
                    the (U.S.) Education Amendments of 1972.

·          Any conduct that would amount to sexual abuse of a minor person under state criminal codes.

·           Any sexual relationship by an educator with a student, regardless of the student’s age; with a former student under 18; with a former student (regardless of age) who suffers from a disability that would prevent consent in a relationship.  All students enrolled in the school and in any organization in which the educator holds a position of trust and responsibility are included.

·          Any activity directed toward establishing a sexual relationship such as sending intimate letters; engaging in sexualized dialogue in person, via the Internet, in writing or by phone; making suggestive comments; dating a student. 

For more information on these definitions, you may read Ms. Shakeshaft's complete report at: 

www.specialeducationmuckraker.com/Shakeshaft_SchoolSexualAbuse.pdf

The following statistics have been generated by the Nevada Coalition Against Sexual Violence: 

15% of U.S children will experience at least one incidence of physical sexual abuse or harassment from an adult employed by the school during their K-12  school experience. The majority of offenders repeat their crimes year after year. 

Between 1% and 5 % of teacher sexually abuse or harass students.

At least a quarter of all school districts in the US have dealt with a case of staff sexual abuse in the past ten years. 

Most cases of sexual abuse of students by teachers are never reported. 

For more statistics and information from the Nevada Coalition Against Sexual Violence, refer to www.ncasv.org.

If you are a victim, parent, teacher, administrator: REPORT IT! 

Victims: Tell someone who can help you. This is the most important step you can take. Whether it  happened once, for months, or for years, this difficult step will begin the process to stop the abuse from happening to anyone else. Personal courage, comfort, support, and professional guidance are needed for the proper healing to occur and to insure that the perpetrator of this crime is punished. Even if you only feel strong enough to go to your school guidance councilor or a trusted adult, be sure to tell someone!!

Parents: Enlisting professionals such as rape crisis center personnel, child advocacy call centers, and local police can help you and, especially, the victim. These agencies have been staffed with people trained to assist in these unique instances and they are there to help. Try to involve someone outside of the school system to get the report on public record.

Teachers and Administrators: It is your duty as professionals to address any conduct that you deem inappropriate between teachers and students. It could have legal ramifications if you don't.

As the Stop Educator Sexual Misconduct and Exploitation website states: "Non-touching and verbal sexual harassment by school staff should never be ignored.  Such inappropriate behaviors are the "red flags" that trained administrators must take seriously.  These same "minor" boundary violations may signal the  beginnings of the grooming (seduction) process -- or may be indicative of past extensive abuses of power."

Deliberate false accusations against teachers are reprehensible, cause untold damage, and may constitute a crime.