Child Abuse Exposures: Does Your School Pass the Test?
By: Michael Swain
A sexual abuse allegation against a member of your organization—whether true or false—can prove to be costly in more ways than one. In addition to tying up financial resources, these allegations can damage the public image and long-term survival of your organization. Every school should have policies in place, such as the ones below, to help reduce abuse allegations.
Screen Workers Carefully
One way to minimize the risk of sexual abuse allegations is through careful screening and selection of employees, volunteers, and substitutes. The following practices are recommended.
Conduct thorough background checks. This applies to everyone who will have any interaction with children under age 18, including part-time employees and volunteers. The best results can be achieved by checking both their names through a commercial background screening firm and their fingerprints with the FBI.
Investigate applicants thoroughly. The interview process should include a comprehensive application requiring references and past employment history. Conduct a face-to-face interview to assess responses to open-ended questions regarding an applicant’s position on discipline, why they are interested in the position, and the type of supervisory environment they prefer. If an applicant has moved frequently, ask why and consider doing more in-depth research.
Check references. Don’t rely on references from friends or former co-workers of applicants. Ask the applicant to provide the names of people who have directly supervised and observed their work.
Review responsibilities. Clearly communicate your expectations of the position, including what constitutes unacceptable behavior.
If you utilize vendors to support learning and fun activities, ask if they screen their employees. If not, consider conducting a background check before allowing them to be around children.
Train Teachers and Staff on Policies
Based on a study of sexual abuse allegations, your school should consider implementing the following policies with teachers and staff:
Supervise properly. Maintain vigilant supervision during outdoor play, field trips, and other off-site activities. Supervisors should keep their group within sight at all times.
Keep an eye out. Coach staff to be on the lookout for bullying and romantic exchanges between youth and to be prepared to intervene.
Set restroom rules. Establish a bathroom usage policy governing the amount of time spent in a bathroom to reduce the opportunity for abuse to occur in a concealed environment.
Minimize one-on-one interactions. Prohibit or limit staff members from being alone with a child, especially where they may be out of view of other adults.
Manage off-site encounters. Provide staff with clear guidance in conducting themselves during staff-to-student interactions away from school.
Enforce a zero-tolerance policy for relationships. Reinforce that there is no such thing as a consensual relationship with a minor. Distribute educational materials stating that a conviction of this illegal behavior can result in an extensive prison term, national publicity, and registration as a sex offender.
Clearly define acceptable and unacceptable behavior. Educate your associates to have a clear understanding of appropriate and inappropriate conduct. Your training should include both how to recognize and report suspected abuse.
The Nonprofit Risk Management Center offers these guidelines for unacceptable behavior. Employees should avoid:
• Telling sexual jokes or stories
• “Making eyes at” or giving seductive looks
• Discussing one’s sex life or relationships
• Sitting too close or lying next to a child or teen
• Being alone with a child or teen
• Confiding in a child or teen about personal issues
• Giving gifts to participants
• Unnecessary touching
Document training efforts. Review policies frequently with employees and make changes for improvement, if necessary. Keep a record of these reviews in staff personnel files with their signatures to validate they received this information.
Use technology wisely. Emails, text, phone, and instant messages to students must be professional and pertaining to school activities or classes. Communication should be limited to using school technology only.
Make a pledge. Insist all staff and volunteers pledge to uphold a code of ethics, and hold them accountable for their actions.
Design for Safety
Your facility’s design and physical layout can help reduce the risk of child abuse. Various organizations, like the American Academy of Pediatrics, recommend that you arrange your facility’s physical layout so that all areas can be viewed by at least one other adult in addition to the caregiver at all times. This reduces the risk of abuse by minimizing the time individual caregivers are in isolation with children, especially in areas where children may be partially or fully undressed. It also provides opportunity for witnesses to give accurate accounts of daily interactions in the event of an abuse allegation.
Do not place posters over door windows, and install vents on bathroom doors to permit better audible monitoring. Require teachers to keep the door open when alone with a student and to maintain reasonable space between themselves and their students.
Take precautions with before- and after-school programs. Keep in mind that before- and after-school programs also provide opportunities for child abuse. In addition to the policies outlined earlier, following are some practical steps you can take to reduce the risk of child abuse with these programs:
Check third-party insurance policies. If a third party uses your school for a before-or after-school program, make sure your school is listed as an additional insured on their insurance policy every year.
Limit use of space. Secure the parts of your school that are not to be used for the before- or after-school program. Conduct a walk-through of your classrooms and bathrooms before locking up in the afternoon.
Get permission for tutoring programs. If a student in your after-school program needs tutoring, be sure to get parental permission allowing the student to leave your program with the teacher.
Specify prerequisites. Establish minimum requirements for before- and after-school programs, such as supervision ratios and mandatory criminal background checks.
Michael Swain is Senior Loss Control Specialist, Markel Insurance, www.markelinsurance.com.
