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Some - maybe many - readers of this newsletter will have seen the horrifying video posted last week on several websites (and shown on local television) of a Yeshivah Principal interacting with a young student.
Whatever the exact interpretation of his behavior, which should be determined in court, the extended physical contact is clearly totally unprofessional. (According to online information, a camera was hidden in his study by staff members outraged by the school's Board ignoring repeated allegations of his misbehavior. They leaked the recording.)
Over the years, I have dealt directly with several serious cases of sexual abuse and misconduct involving staff (one of whom is still in jail), and a handful involving students. I am certain that there were others which remained hidden or secret, and which I never heard about.
Schools (and other venues where young people congregate) can often attract certain personality profiles who are either seeking, or are unable to resist, inappropriate relationships with young people. Childhood innocence and teenage emotions complete the dismal setting of vulnerability, often characterized as "needy adults seeking needy children".
It is also astonishing to the point of disbelief how others - including many who should know better - are willing to excuse, sympathize with and support perpetrators.
What are the guiding principles? How do you deal with a practical situation?
- What follows can only be the briefest outlines. The whole issue of problematic teachers (of several different varieties) and the process to be followed in dealing with them is described at much greater length in Section 10 of my book. The two sections most relevant to this topic are 10.2.3 - 'The Pied Piper', dealing with the charismatic teacher (the most widely-read and circulated piece I have ever written), and, even more so, 10.2.4 - 'The inappropriate teacher - sexual/abusive'.
Click here for the complete texts!
Most cases of sexual abuse/misconduct involve staff and students.
- The Principal's responsibility is to be constantly suspicious and alert for any signs or hints that there is a problem. Sometimes the Principal will receive direct information. Often, another teacher or a parent, unsure of how to proceed, will drop a hint, and the Principal should be alert to that. A student may confide in a member of staff. You may notice someone or something unusual, or out of place...
- No-one can be above suspicion ("Mrs. X - couldn't possibly be!"); it is in the nature of the predatory personality that they are excellent in presenting external images of the utmost respectability.
- Teachers are in a position of authority and trust over students, and in law any teacher-student sexual relationship is exploitative and criminal. 'Consent' or 'over 18' are not defenses.
- In every jurisdiction, there is an immediate legal duty to report such cases to the police and/or notify a Child Protection Service. This includes cases where you are presented with evidence, or where you have reasonable grounds for suspicion that a child, or children, is in physical or sexual danger. Legislation varies from place to place, and every school Principal (and Administrator) should be aware of applicable local law; it should also be part of PD for all staff.
- Your local Jewish Family Service (or equivalent) should be able to provide expert advice and training.
- In some circles, it is held that other (religious or community) authorities should determine whether or not police or child protection should be informed when issues or incidents arise. But there is ample rabbinic authority which rules that in every case the law must be followed without hesitation and without question, and official notification must be immediate. Failing to inform the authorities is itself a criminal offense.
- These cases will initiate a firestorm of concern in your school community, and will need skilled crisis management.
How to proceed:
Obviously, circumstances will always be different. However, if information of concern comes to your attention, some basic guidelines for first action might include:
- Clear your desk and all appointments and meetings until this has been taken care of. Assemble the team of Administrators who will help you navigate the incident.
- Take immediate legal advice from a lawyer who is familiar with the relevant law
- Call a Child Protection Service, and follow their instructions - especially on how to proceed with the students/children involved. Call the Chair of your Board - discuss whether the school should engage an external Crisis Management consultant.
- Get signed, dated, written statements from everyone who has information
- Process will certainly involve interviewing the staff member and others concerned, observing the necessary safeguards and procedures
- Prepare a communications plan. (The moment any hint of an incident leaks, versions of what is happening will be flying on social media.)
Your lawyer should advise you step by step. Proceeding without legal advice is dangerous, and may both prejudice and jeopardize the case.
Note that boundaries in these cases between "inappropriate" and "illegal" are not always clear; but even inappropriate behavior (eg personal comments or classroom inappropriateness) is totally unacceptable.
Without any compromises, schools must be safe places for students and adults.
- Given the introduction to this piece, the question arises of what happens in the appalling circumstance that a teacher, Administrator, student or parent suspects the Principal himself/herself of unacceptable behavior? The short answer is that - depending on circumstances and the nature of the suspicion - confidential calls must be made to the school President / Chair of the Board (who has the responsibility of action) and if necessary directly to the Child Protection Service, who will advise if a police report is necessary
TAKEAWAY THOUGHTS:
- Are you fully aware of applicable local legislation regarding your duty to 'notify' in cases of suspected sexual abuse?
- Have your staff received PD /Inservice training on all aspects of this issue?
- Do you have access to a school lawyer familiar with this area of law?
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PAUL SHAVIV CONSULTING OFFERS ADMINISTRATORS AND LAY LEADERS A
FREE SEMINAR on 'DEALING WITH SEX ABUSE IN SCHOOLS'
Offered in our offices in central Manhattan or via a webinar.
MANHATTAN SEMINAR (W 36th/7th Ave): Wednesday, June 1, 4:30 - 6:30PM
WEBINAR (for out-of-towners): Thursday June 2, 5:00 - 7:00PM
To register: Please email
paul@joelpaul.com, indicating which option you prefer. Space in Manhattan limited - first come, first served!
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