Showing posts with label Educator - Sexual Misconduct. Show all posts
Showing posts with label Educator - Sexual Misconduct. Show all posts

August 2, 2015

OP-ED: Legislation will help keep Pa. safe from pedophiles

8-2-15 Pennsylvania, West Virginia:

Twelve-year-old Jeremy Bell did not have to die. Especially under such gruesome circumstances — brutally raped and murdered by his elementary school principal in West Virginia. In fact, that pedophile should not have even been at the West Virginia school.

The story begins in the 1970s, at Prospect Park Elementary School in Delaware County, Pa. Child after child, boys 10 to 12, came forward and told the school officials how the fifth-grade science teacher had groped them and performed sexual acts on them — raping at least one boy. The school, shockingly, took the teacher’s side: The principal wrote the teacher a letter of recommendation and helped him land a new job in Fayetteville, West Virginia.

For two decades, that teacher continued to brutalize children in West Virginia, until one night, 12-year-old Jeremy Bell paid the price: He was raped and murdered by the educator.

As fathers, we wish this tragedy was unique. Sadly, we know better. Last year, 459 school employees were arrested across America for sexual misconduct with children — more than one per day of the year. Twenty-six arrests involved Pennsylvania educators. And, just halfway into 2015, we have seen more than 260 arrests, including 16 in Pennsylvania. And these are just the predators that we have caught.
We cannot find any official source which supports the claim that "459 school employees were arrested last year." That claim was also made in Congress when a bill "PROTECTING STUDENTS FROM SEXUAL AND VIOLENT PREDATORS ACT -- (Senate - March 10, 2015)" was introduced. see "Justice eventually caught up with the killer, and he is now serving a life sentence for that murder. But for little Jeremy Bell that justice came too late. And, sadly, Jeremy Bell is not alone. Last year we had 459 school employees across America arrested for sexual misconduct with the very children they are supposed to be protecting and teaching and caring for. That is more than one per day. And those are just the ones where there was enough evidence to actually prosecute, to make an arrest and to pursue charges. How many others were getting away with this? Frankly, 2015 is not off to a much better start. So far we are 69 days into the new year and there have already been 82 school employees arrested across the country for sexual misconduct with the schoolchildren in their care. "

The official source of school crime is found in "Indicators of School Crime and Safety: 2014" which does not support the 459 claim.
The practice of schools helping a child molester land a teaching job at another school is so common, that it has its own moniker —“passing the trash.”

Together, we are fighting to protect our children from this horrific practice. Being from different political parties, we do not always agree on everything. But all parents can agree that we must keep child molesters out of our schools.

One of us, a member of the Pennsylvania state Senate, helped lead the fight to have the state Legislature adopt the S.E.S.A.M.E. Act. The S.E.S.A.M.E. Act banned passing the trash within Pennsylvania, requiring all schools to conduct thorough background checks with each previous employer and barring them from recommending for future employment those accused of sexual abuse.

But state legislation is not enough. Pennsylvania law cannot stop schools in other states from passing their pedophile employees to Pennsylvania schools.

That is where the other one of us, a U.S. senator, has stepped up, taking the fight to Washington, D.C. Last week, the U.S. Senate unanimously passed Sen. Toomey’s bipartisan proposal to ban passing the trash nationwide. The passage of this federal legislation is a significant step forward toward protecting our children from child molesters.

These efforts show how state and federal officials, working together, can stop the heinous practice of passing the trash.

Pat Toomey is a Republican U.S. senator for Pennsylvania. Anthony Hardy Williams is a Democratic state senator from Philadelphia who represents the 8th Senatorial District. ..Source.. by The Mercury Columns

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Note this comment from another article:
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"Even with the good work done by the law enforcement agents and children advocates here, more than 450 teachers and school employees were arrested last year alone on charges of sexual misconduct with children. That's more than one per day," Fitzpatrick said. "What's more appalling is that these are just the cases we were able to catch. According to the Government Accountability Office, the average pedophile teacher preys on and assaults 73 children over a lifetime." No GAO report supports this claim either.

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Further research has uncovered this possible source:
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More teachers are having sex with their students. Here’s how schools can stop them. 1-20-2015 by Terry Abbott who is chairman of Drive West Communications and a former chief of staff at the U.S. Department of Education.

A 14-year-old student in Florida wrote his cellphone number on a classroom chalkboard because he wanted a classmate he liked to call him. The student indeed was contacted – not by the girl but allegedly by his 32-year-old teacher. Within days, police said, the two were involved in a sexual relationship.

In Pennsylvania, a 33-year-old teacher approached a 17-year-old student at a school dance and began flirting with him, police said. The married teacher then sent the student sexual text messages and photos, along with a video of herself performing lewd acts, according to news reports. The relationship escalated, and the teacher pleaded guilty last month to institutional sexual assault.

Unfortunately, these kinds of stories are becoming more common across the country. In 2014 alone, there were 781 reported cases of teachers and other school employees accused or convicted of sexual relationships with students. My firm, Drive West Communications, has been tracking news reports of sexual misconduct by educators for more than a year. Every week has brought news of 15 young people, on average, who were sexually victimized by the educators entrusted with protecting them. That’s an abhorrent rate and a trend that deserves far more attention from school leaders and policy makers. ..Continued at link above..

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March 27, 2008

NY- 'A violation of trust'

3-27-2008 New York:

When it comes to teachers and students, there is no such thing as consensual sex, experts said Thursday.

The power differential is too exploitative in those sexual encounters, said Charol Shakeshaft, a former Hofstra University professor who now teaches educational leadership at Virginia Commonwealth University and is an expert on sexual abuse in schools.

"It's a violation of trust and professional boundaries," Shakeshaft said of a March 20 encounter Nassau police say happened between Heather Kennedy, 25, a math teacher at Wantagh High School, and a 16-year-old boy who is a student at the school.

Kennedy was arraigned Thursday on charges of statutory rape and endangering the welfare of a child. The age of sexual consent in New York state is 17, police said.

Even if the boy wasn't in Kennedy's class, Shakeshaft said the mere fact that he attended the same school indicates "sexual exploitation and bad judgment," she said.

And when the teacher is a woman and the student is a boy, the sensationalist aspects of these liaisons are magnified, Shakeshaft said.

"I believe that females get a lot more attention [in the media] because I think it adds another dimension," she said. "People don't seem to think it's child abuse then."

It's a double standard fueled by popular perceptions of older women with younger men, according to Mike Lew, a Brookline, Mass., psychotherapist who has treated and written about survivors of childhood sexual abuse.

"We've been very slow to accept the fact that boys and girls are abused by both men and women," Lew said in an interview after the Feb. 25 arrest of Maria Commins, a Greenport teacher's aide who was charged with raping her son's 15-year-old friend.

"Boys are supposed to be little men," Lew said. "And men are supposed to be up for sex with women under any circumstance. If a boy is abused by a woman, if any part of it was pleasurable ... even if part of that excitement is fear, it tends not to get defined as abuse."

Female offenders often target younger men for a "sense of power," said psychologist Mic Hunter, author of "Abused Boys: The Neglected Victims of Sexual Abuse."

But some offenders don't admit their actions were abusive: Commins told police that she and her victim were in love, and Seattle teacher Mary Kay LeTourneau, 43, married her former sixth-grade pupil after she served 71/2 years in prison on charges that she had raped him.

"They believe they're victims or they're equals," said Hollida Wakefield, a psychologist in Northfield, Minn., who has treated sex offenders and victims. "It's hard for them to comprehend that it's criminal." ..more.. by SOPHIA CHANG AND CHRISTINE ARMARIO

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January 28, 2008

Lawmakers Crack Down on Abusive Teachers

1-27-2008 National:

Heeding a steady drumbeat of sexual misconduct cases involving teachers, at least 15 states are now considering stronger oversight and tougher punishment for educators who take advantage of their students.

Lawmakers say they are concerned about an increasingly well-documented phenomenon: While the vast majority of America's teachers are committed professionals, there also is a persistent problem with sexual misconduct in U.S. schools. When abuse happens, administrators too often fail to let others know about it, and too many legal loopholes let offenders stay in the classroom.

Advocates include governors, education superintendents and legislative leaders.

"We've got to be on a bully pulpit with our school districts," said Missouri state Rep. Jane Cunningham. The Republican's legislation would eliminate statutes of limitation for sexual misconduct, allowing victims to come forward and bring charges against abusers no matter how many years had passed since the crime.

The ideas emerging in state capitals come at a time when U.S. media have been reporting steadily on individual cases, along with more in-depth examinations of the problem.

A nationwide Associated Press investigation published in October found 2,570 educators whose teaching credentials were revoked, denied, surrendered or sanctioned from 2001 through 2005 following allegations of sexual misconduct. Experts who track sexual abuse say those cases are representative of a much deeper problem because of underreporting.

There are roughly 3 million public school teachers nationwide.

In eight states, leaders pushing changes said the AP investigation had inspired their proposals. Others said they had grown concerned from individual cases of abuse in their states, or other news reports that looked at the problem locally or in their state.

In New York, Gov. Eliot Spitzer supports automatic suspension of teachers convicted of sex crimes, which now requires lengthy hearings. In Maine, Gov. John Baldacci hopes to share the names of abusive teachers with other states, which a 1913 confidentiality law there prohibits. In Florida, Gov. Charlie Crist endorsed federal legislation proposed by U.S. Rep. Adam Putnam, a Florida Republican, to create a national databank of abusive teachers, a hot line for complaints and federal funds for state investigators.

Some states are looking to increase penalties, expand background checks or broaden their ability to police charter schools for abuse, like Indiana, Massachusetts and Utah. Kentucky and South Carolina are considering making it illegal for teachers to have sex with older students.

Several states are tackling a major problem _ the loopholes that allow problem teachers to move from one school district to another, or from one state to another. The AP investigation found that what education officials commonly call "passing the trash" happens when districts allow a teacher to quietly leave a school, or fail to report problems to state authorities, or fail to check with state authorities before hiring a teacher, among other glitches.

In eight states, legislators are pursuing changes to close those gaps, including California, Colorado, Florida, Minnesota, Missouri, Virginia, Washington state and West Virginia.

"Despite acts of misconduct that were threatening and dangerous in schools, there is a track record of people going on to another school district and finding employment," said Missouri state Senate President Pro Tem Michael Gibbons. "The new school district may get the truth, but they don't get the whole truth about this person's background. They may find out the dates of service, they may find out this person was dismissed, but there really is no other information forthcoming."

His legislation aims to get school employees and districts to share all information about job-hunting teachers, including whether those educators sexually abused their students, by granting administrators civil immunity from lawsuits.

Other states approach the same problem differently. A Colorado measure being drafted would penalize school districts and state officials that fail to report problem teachers, while a West Virginia proposal would open school officials themselves to punishment. Florida would bar any confidentiality agreement between districts and teachers, and require districts to report every firing to the state.

In California, one proposal would close a loophole that bars the teacher credentialing commission from revealing the reason teachers lose their licenses if they plead no contest to an offense.

Under no contest pleas, defendants are punished as if they pleaded guilty, but retain the right to challenge the charges against them in lawsuits and other proceedings. Such deals have meant public records were unclear about why educator licenses were sanctioned in dozens of cases, the AP found.

"You should not be able to plead no contest to a sex offense just so you can continue teaching," said state Sen. Bob Margett. The measure means teachers who plead no contest would immediately lose their license, and the reason for the revocation would be public record.

Some say the latest legislation is just the beginning.

South Carolina has created a new committee of parents, teachers, social workers and prosecutors to study the problem and come back with new ideas.

Though small statistically, the number of abusive teachers is too high, South Carolina Education Superintendent Jim Rex wrote after reading the AP report.

"I am nonetheless outraged by any incident in which an adult entrusted with the care of one of South Carolina's students violates that student. The ramifications for that student, his or her family, and the community as a whole are painful and long lasting," he wrote.

In Utah, the numbers of abuses flat-out shocked state Rep. Carl Wimmer. "These things happen a lot more often than parents would think," he said. "It seems we do have an unacceptable high amount of children who get violated in the classroom. One is too many." ..more.. by ROBERT TANNER, AP National Writer


Cases of teacher sexual abuse from Sex Offender Issues blog.

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January 20, 2008

Experts disagree on frequency of sexual abuse of students

1-20-2008 National:

Editor's Note: A seven-month national investigation conducted by Small Newspaper Group found that Illinois has one of the worst track records for removing errant teachers from the profession.

For this investigation, 300 Freedom of Information Act requests were filed with governmental entities across the nation, and a national database of teacher disciplinary actions was built. Supporting documents for the series have been posted at http://hiddenviolations.com.

CHESTER — Kevin Kilgallen had the characteristics many parents wanted in a teacher: clean-cut, family man, a master's degree, 10 years of experience, excellent job evaluations, and he even taught Sunday school.

But in 2003, Kilgallen confessed to police that he molested a 9-year-old girl in an elementary school classroom. He later recanted and pleaded innocent.

The former Elgin School District teacher is serving a 30-year sentence for predatory criminal sexual assault and aggravated criminal sexual abuse after being convicted during a jury trial.

"It would be so much easier if these people had horns growing out the back of their heads. Then people might be willing to admit that there are people like this in our schools. Right now, educators are having a serious case of denial," said Mary Jo McGrath, a California attorney who specializes in education.

For his part, Kilgallen still maintains he is innocent and said his confession was coerced.

"She said something inappropriate happened. I was in the police station -- they were telling me she was saying I forced myself on her; I put my penis in her mouth and all this stuff," Kilgallen said during a prison interview.

Kilgallen's attorney argued during the trial that the 9-year-old girl made the story up because she was unhappy about a failing grade she received on a social studies test.

"I believe that children being abused by teachers is common. I wouldn't be surprised if every school district in America has someone harming children," McGrath said.

McGrath spent much of her career prosecuting educator misconduct cases before the California Commission on Teacher Credentialing. She has also provided expert testimony in high-profile cases such as that of Mary Kay Letourneau, the Washington schoolteacher who had two children with one of her teenage students. She was convicted of statutory rape and sentenced to seven years in prison.

Teacher unions contend they also are concerned about the welfare of children, but believe instances of sexual abuse are rare. And they are quick to add their members are vulnerable to the lies of children.

"Even with the system currently in place, innocent teachers' careers are destroyed by false or malicious allegations. Once an allegation is made public, an employee's reputation is forever tainted," said Dave Comerford, spokesman for the Illinois Federation of Teachers.

Dennis Kuba, an Illinois State Police investigator, contends this argument is ridiculous.

"In all the years I’ve investigated sex crimes, I have never found a case of a child lying about being abused by non-family member. Occasionally a child will be coached by parent to lie during a custody dispute, but that is easily discovered when the child is interviewed," he said.

Kuba has specialized in investigating child sex crimes for much of his career.

"The problem isn't that many teachers do this. The problem is how many children one pedophile can harm once he becomes a teacher," he said.

Just how many children a sex offender typically victimizes is a bit of an open question, North Carolina psychologist Mary Gail Frawley-O'Dey said. She has studied the sex abuse crisis within the Catholic Church extensively and served as a consultant to the church.

Frawley-O'Dey noted that she treated one sexually abused patient who was one of more than 180 documented victims of a New York teacher.

But such cases are not the norm.

Oregon researchers used a polygraph to interview more than 200 child molesters from 1983 through 1999 and found on average those interviewed had victimized about a dozen youngsters each, sex abuse researcher Jan Hindman and Assistant U.S. Attorney James Peters noted in a December 2001 article in "Federal Probation."

One thing that researchers do agree on is that childhood sexual abuse is one of the most underreported crimes.

A 1991 study conducted by Dan Wishnietsky, a professor at Winston-Salem State University in North Carolina, found that one in eight North Carolina girls graduating from high school said they've had some sort of sexual contact with a school employee.

"It wasn't just sexual intercourse -- we are also talking about touching, petting, things like that. And I am not saying that 11 or 12 percent of teachers are abusing children. One or two teachers in a large high school can have a large number of victims," he said.

Wishnietsky said most sexual contact between students and teachers happens at the high school level. He added female athletes being coached by male coaches are particularly vulnerable.

"Parents do not want to believe that the most popular teacher in school has been fondling his students. And administrators don't want parents to find out that a bad teacher is on the payroll," Wishnietsky said. "This is why the information is not being made public, even within education circles."

David Finkelhor, director of the University of New Hampshire's Crimes against Children Research Center said not all teachers who become involved with students are pedophiles.


"At younger grades, the offenders we are dealing with have a sexual orientation that attracts them to children. At a high school level, it is normal to be sexually attracted to students. But it is wrong to act upon the impulses."

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January 8, 2008

SCHOOL SEX CASES ON RISE

1-8-2008 New York:

Sexual misconduct by public-school staff more than doubled between 2002 and 2007, mirroring a dramatic jump in overall wrongdoing uncovered by city school investigators.

Special Schools Investigator Richard Condon said yesterday that his probers received more complaints and substantiated more cases against school workers in 2007 than in any year since the office was created in 1992.

Since 2002, the number of allegations confirmed jumped by 135 percent - from 131 to 308 - and the number of complaints rose by nearly 50 percent - from 1,889 to 2,818.

The surge included an 18 percent jump since 2006 in the number of verified cases and a 10 percent climb in total complaints.

Of the cases substantiated in 2007, 95 were sexual in nature, including that of a 22-year-old Bronx school aide accused of having sex with a 13-year-old girl.

In all, Condon last year called for 186 staff members to be put on the Department of Education's list of ineligible workers.

He attributed the rise in complaints, in part, to his office's getting "a fair amount of publicity over the last several years - so there's an awareness."

He said the numbers were also spurred by the larger pool of Education Department workers and by the mounting fear of prosecution for failing to report school misconduct.

"We're fairly rigorous about charging someone if they mishandle a complaint," said Condon, whose office has an annual budget of about $4 million and employs seven lawyers and 45 investigators, many of them former police detectives.

Among the more sensational cases last year was that of a principal accused of hosting a Santeria ceremony at her lower Manhattan high school in an attempt to cleanse the building of negative energy.

Education Department spokeswoman Margie Feinberg commended Condon and his investigators.

"Increased complaints are a good thing when they reflect greater awareness about these incidents and the greater comfort people have in making complaints," she said. ..more.. by YOAV GONEN Education Reporter

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October 23, 2007

AP: Sex abuse laws can fail school kids

10-22-2007 National:

Every school has rules governing teacher behavior. Every state has laws against child abuse, and many specifically outlaw teachers taking sexual liberties with students. Every district has administrators who watch out for sexual misconduct by teachers.

Yet people like Chad Maughan stay in the classroom.

Maughan got in trouble twice for viewing pornography at schools in Washington state but was allowed to keep teaching. Within two years, he was convicted of raping a 14-year-old girl in his school.

Legal loopholes, fear of lawsuits and inattention all have weakened the safeguards that are supposed to protect children in school. The system fails hundreds of kids each year, an AP investigation found. It undoubtedly fails many more whose offenders go free.

State efforts to strengthen laws against sex abuse by teachers have run into opposition from school boards and teachers unions. In Congress, a measure that would train investigators and create a national registry of offenders hasn't even gotten a hearing. Few leaders recognize -- let alone attack -- a national shame.

"Instead of ignoring it or fighting it, why don't you get ahead of it?" says Ted Thompson, executive director of the National Association to Prevent Sexual Abuse of Children.

An Associated Press investigation identified 2,570 cases from 2001 to 2005 in which teachers were punished or removed from the classroom for sexual misconduct. The allegations ranged from fondling to rape. Reporters in all 50 states and the District of Columbia gathered the cases from state agencies with responsibility for teacher licensing.

Even accounting for population differences, states vary widely on how many teachers they discipline and how rigorously, the investigation showed. That reflects the patchwork nature of the laws and rules that aim to protect schoolchildren. Each state takes its own approach to background checks, fingerprinting and reporting abuse.

While states have taken halting steps toward accountability in recent years after decades of widespread neglect, there are still many gaps.

Some states check fingerprints against records only in their own states, not the FBI databases, so they miss offenders from other states. Others only check for violations when teachers are newly hired, missing veteran teachers who have run afoul of the law since they were first hired.

"You can fingerprint them all you want and nothing's going to come up," says John Seryak, a longtime Ohio middle school teacher who now trains teachers to spot when a colleague is abusing kids.

School systems also have made an attempt at weeding out wrongdoers. For the past 20 years, educators have shared information with other states about teachers who've run into administrative trouble.

The National Association of State Directors of Teacher Education and Certification created the list, and Roy Einreinhofer, its executive director, says protecting children is one of the group's top goals.

But the list has its flaws.

It only provides identifying information such as names, birth dates and Social Security numbers, nothing describing a teacher's past problems, leaving it up to a state agency or a hiring school district to dig deeper. Also, the list is not publicly available.

"There are some liability issues involved there," Einreinhofer says. "It just serves as a flag saying you need to check this person further."

Created in 1987, the list contains names of some 37,000 teachers who have had license problems, which includes all misbehavior, not just sexual.

Similar piecemeal efforts have often run into resistance, from lawmakers reluctant to tackle the subject, from teacher unions concerned with privacy and due process, and from school boards worried about court fights.

In Washington state, Maughan's case led to a law that clarified the definition of sexual misconduct and required school districts to share information.

Maughan had been suspended from one job for looking at pornography on school computers, but the district said only that he had used "poor judgment." At the second job, he was reprimanded for viewing pornography, and told administrators he had an addiction and was getting counseling.

In 2005, school employees found a paper bag containing a 14-year-old girl's red lace underwear and a sexually explicit note from her to Maughan. The teacher pleaded guilty to rape.

State Sen. Don Benton, who fought for the law that followed the arrest, said "we had tremendous resistance from the teachers union when it came to personnel files.

"We have to tell school districts, 'Look, you have a duty and a responsibility. As parents we are entrusting you with our children to take extra steps to ensure that the people you hire are safe.'"

In Minnesota, the state school board association -- allied with two church groups -- has lobbied against a bill that would give victims of child sex abuse more time to bring civil claims. Schools, like churches, could be held liable if they failed to stop abuse that they should have known about.

"Schools have nothing to fear unless they either actively participated or covered up grave misconduct," says House Majority Leader Steve Smith, a Democrat pushing the measure.

Some union officials argue that the dangers are overstated.

"We're turning some of this now into a modern-day witch hunt and making it very difficult for teachers to have to say, 'I'm not one of those.' It's the wrong signal to send," says Steve Monaghan, president of the Louisiana Federation of Teachers. His state this spring declared it a crime punishable by up to six months imprisonment for a teacher to have sex with a student even if he or she is above the age of consent.

Advocates argue what's needed is a coordinated national approach. But there has been virtually no momentum there.

A report ordered by Congress and released in 2004 examined previous studies and surveys of teacher sexual misconduct and sent a troubling message. It estimated that some 4.5 million students out of 50 million in American public schools "are subject to sexual misconduct by an employee of a school sometime between kindergarten and 12th grade."

But that report, compiled by leading expert Charol Shakeshaft, head of the educational leadership department at Virginia Commonwealth University, was largely ignored.

This year, U.S. Rep. Adam Putnam, a Florida Republican, proposed legislation to create a national public registry of convicted offenders in schools, better training of investigators, and a national hot line for reports of sexual abuse in school.

It still hasn't received a hearing.

"It clearly is a problem and it appears to be growing," Putnam says, yet he is dismayed by the lack of concern. "You'd think the teachers association, the school boards, the principals -- you'd think all of them would be on board to protect children."

Those who have fought for years to try to raise awareness of the issue see incremental gains, and the AP analysis found a steady increase in teachers removed from the classroom from 2001-2005. But advocates are despairing, not satisfied.

"We are mandated to send our children to school. Yet our schools are not being mandated to keep our children safe," says Terri Miller, president of SESAME, Inc., which stands for Stop Educator Sexual Abuse, Misconduct and Exploitation. "That is a horrendous problem, and that needs to be fixed."

She shares Putnam's enthusiasm for a new national registry and hopes for federal leadership that would force states to make their laws more uniform.

Others emphasize training as the best way to prevent abuse.

Some newly minted teachers graduate from college, have sex with a student and then say "What's wrong with that?" says Einreinhofer, at the national teacher certification group.

And more training is needed at the nation's public schools themselves.

For the past year in Rhinebeck, N.Y., administrators, teachers, students and parents have gone through a series of programs to recognize problem signs -- teachers who get too personal with students, who "groom" students vulnerable to abuse, who test the boundaries by an inappropriate comment or touch.

The school community has been remarkably engaged and committed, says Bill Berard, the lawyer who taught the lessons.

Yet the training came as punishment. It was ordered as part of the settlement of a federal civil rights lawsuit, after former Rhinebeck High School Principal Thomas Mawhinney was accused of sexually harassing female students for years.

It often takes such scandals to inspire changes.

The AP investigation raised questions about an abusive teacher in Virginia who got a new job after being suspended for sexually abusing three girls. He molested two female students at the next school before the state finally acted on the earlier trouble and revoked his license.

Now, Virginia's Board of Education intends to seek legislation to tighten the background check and disciplinary process. "From now on, forever, we're going to ask ourselves, 'Can we do a better job?'" board President Mark E. Emblidge says.

The most powerful tool for change is money, says Thompson with the national child abuse prevention group.

That means dropping statutes of limitations that serve as barriers to lawsuits for all childhood sex abuse, he argues. Nothing motivates institutions more than the threat of paying out a big settlement.

Also, he says, it's the right thing to do: "Should somebody who raped a child be free and clear because the clock ticked?"

To victims' advocates, the problem is not just teachers who look the other way when one of their own misbehaves. It isn't only school prinicpals who choose a quiet solution to a problem. Lawmakers, judges, the media and even parents have all shown a great deal of reluctance to recognize and deal with sex abuse when it surfaces.

The nation needs to change its attitude toward teacher sexual misconduct, and child abuse overall, much in the way it changed its perspective about drunken driving in the last 25 years, Thompson says.

"Societally, we have a problem," says Mary Jo McGrath, a California attorney who has worked on teacher sexual abuse cases for three decades. "Our inability to think that kids might be in danger, our inability to think that the nicest teacher on the block might be an offender -- those things keep us uneducated. I'm passionate that people wake up." ..more.. by Robert Tanner, AP National Writer

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October 22, 2007

Report: Sexual Misconduct Plaguing U.S. Schools

"Teachers and sexual misconduct:
A 50-state, 5-year survey" is an interactive graphic that lets you track teacher sex-abuse cases at the state - and even county - level.


10-20-2007 National:

The young teacher hung his head, avoiding eye contact. Yes, he had touched a fifth-grader's breast during recess. "I guess it was just lust of the flesh," he told his boss.

That got Gary C. Lindsey fired from his first teaching job in Oelwein, Iowa. But it didn't end his career. He taught for decades in Illinois and Iowa, fending off at least a half-dozen more abuse accusations.

When he finally surrendered his teaching license in 2004 — 40 years after that first little girl came forward — it wasn't a principal or a state agency that ended his career. It was one persistent victim and her parents.

Lindsey's case is just a small example of a widespread problem in American schools: sexual misconduct by the very teachers who are supposed to be nurturing the nation's children.

Students in America's schools are groped. They're raped. They're pursued, seduced and think they're in love.

An Associated Press investigation found more than 2,500 cases over five years in which educators were punished for actions from bizarre to sadistic.

There are 3 million public school teachers nationwide, most devoted to their work. Yet the number of abusive educators — nearly three for every school day — speaks to a much larger problem in a system that is stacked against victims.

Most of the abuse never gets reported. Those cases reported often end with no action. Cases investigated sometimes can't be proven, and many abusers have several victims.

And no one — not the schools, not the courts, not the state or federal governments — has found a surefire way to keep molesting teachers out of classrooms.

Those are the findings of an AP investigation in which reporters sought disciplinary records in all 50 states and the District of Columbia. The result is an unprecedented national look at the scope of sex offenses by educators — the very definition of breach of trust.

The seven-month investigation found 2,570 educators whose teaching credentials were revoked, denied, surrendered or sanctioned from 2001 through 2005 following allegations of sexual misconduct.

Young people were the victims in at least 1,801 of the cases, and more than 80 percent of those were students. At least half the educators who were punished by their states also were convicted of crimes related to their misconduct.

Beyond the horror of individual crimes, the larger shame is that the institutions that govern education have only sporadically addressed a problem that's been apparent for years.

"From my own experience — this could get me in trouble — I think every single school district in the nation has at least one perpetrator. At least one," says Mary Jo McGrath, a California lawyer who has spent 30 years investigating abuse and misconduct in schools. "It doesn't matter if it's urban or rural or suburban."

One report mandated by Congress estimated that as many as 4.5 million students, out of roughly 50 million in American schools, are subject to sexual misconduct by an employee of a school sometime between kindergarten and 12th grade. That figure includes verbal harassment that's sexual in nature.

Jennah Bramow, one of Lindsey's accusers in Cedar Rapids, Iowa, wonders why there isn't more outrage.

"You're supposed to be able to send your kids to school knowing that they're going to be safe," says Bramow, now 20. While other victims accepted settlement deals and signed confidentiality agreements, she sued her city's schools for failing to protect her and others from Lindsey — and won. Only then was Lindsey's teaching license finally revoked.

As an 8-year-old elementary-school student, Bramow told how Lindsey forced her hand on what she called his "pee-pee." She was asked by a school official how it felt and replied, "Bumpy." Then she drew a picture that showed how Lindsey made her touch him on the zipper area of his pants.

Lindsey, now 68, refused multiple requests for an interview. "It never occurs to you people that some people don't want their past opened back up," he said when an AP reporter approached him at his home outside Cedar Rapids.

That past, according to evidence presented in the Bramow's civil case, included accusations from students and parents along with reprimands from principals that were filed away, explained away and ultimately ignored until 1995, when accusations from Bramow and two other girls forced his early retirement. Even then, he kept his teaching license until the Bramows took the case public and filed a complaint with the state.

Like Lindsey, the perpetrators that the AP found are everyday educators — teachers, school psychologists, principals and superintendents among them. They're often popular and recognized for excellence and, in nearly nine out of 10 cases, they're male. While some abused students in school, others were cited for sexual misconduct after hours that didn't necessarily involve a kid from their classes, such as viewing or distributing child pornography.

They include:

— Joseph E. Hayes, a former principal in East St. Louis, Illinois. DNA evidence in a civil case determined that he impregnated a 14-year-old student. Never charged criminally, his license was suspended in 2003. He has ignored an order to surrender it permanently.

— Donald M. Landrum, a high school teacher in Polk County, North Carolina. His bosses warned him not to meet with female students behind closed doors. They put a glass window in his office door, but Landrum papered over it. Police later found pornography and condoms in his office and alleged that he was about to have sex with a female student. His license was revoked in 2005.

— Rebecca A. Boicelli, a former teacher in Redwood City, California. She conceived a child with a 16-year-old former student then went on maternity leave in 2004 while police investigated. She was hired to teach in a nearby school district; board members said police hadn't told them about the investigation.

The overwhelming majority of cases the AP examined involved teachers in public schools. Private school teachers rarely turn up because many are not required to have a teaching license and, even when they have one, disciplinary actions are typically handled within the school.

Two of the nation's major teachers unions, the American Federation of Teachers and the National Education Association, each denounced sex abuse while emphasizing that educators' rights also must be taken into account.

"Students must be protected from sexual predators and abuse, and teachers must be protected from false accusations," said NEA President Reg Weaver, who refused to be interviewed and instead released a two-paragraph statement.

The United States has grown more sympathetic to victims of sex abuse over recent decades, particularly when it comes to young people. Police have made pursuing Internet predators a priority. People convicted of abuse typically face tough sentences and registry as sex offenders.

Even so, sexually abusive teachers continue to take advantage, and there are several reasons why.

For one, many Americans deny the problem, and even treat the abuse with misplaced fascination. Popular media reports trumpet relationships between attractive female teachers and male students.

"It's dealt with in a salacious manner with late-night comedians saying 'What 14-year-old boy wouldn't want to have sex with his teacher?' It trivializes the whole issue," says Robert Shoop, a professor of educational administration at Kansas State University.

"In other cases, it's reported as if this is some deviant who crawled into the school district — 'and now that they're gone, everything's OK.' But it's much more prevalent than people would think."

The AP investigation found efforts to stop individual offenders but, overall, a deeply entrenched resistance toward recognizing and fighting abuse. It starts in school hallways, where fellow teachers look away or feel powerless to help. School administrators make behind-the-scenes deals to avoid lawsuits and other trouble. And lawmakers shy from tough state punishments or any cohesive national policy for fear of disparaging a vital profession.

That only enables rogue teachers, and puts kids who aren't likely to be believed in a tough spot.

In case after case the AP examined, accusations of inappropriate behavior were dismissed. One girl in Mansfield, Ohio, complained about a sexual assault by teacher Donald Coots and got expelled. It was only when a second girl, years later, brought a similar complaint against the same teacher that he was punished.

And that second girl also was ostracized by the school community and ultimately left town.

Unless there's a videotape of a teacher involved with a child, everyone wants to believe the authority figure, says Wayne Promisel, a retired Virginia detective who has investigated many sex abuse cases.

He and others who track the problem reiterated one point repeatedly during the AP investigation: Very few abusers get caught. They point to several academic studies estimating that only about one in 10 victimized children report sexual abuse of any kind to someone who can do something about it.

Teachers, administrators and even parents frequently don't, or won't, recognize the signs that a crime is taking place.

"They can't see what's in front of their face. Not unlike a kid in an alcoholic family, who'll say 'My family is great,"' says McGrath, the California lawyer and investigator who now trains entire school systems how to recognize what she calls the unmistakable "red flags" of misconduct.

In Hamburg, Pennsylvania, in 2002, those "red flags" should have been clear. A student skipped classes every day to spend time with one teacher. He gave her gifts and rides in his car. She sat on his lap. The bond ran so deep that the student got chastised repeatedly — even suspended once for being late and absent so often. But there were no questions for the teacher.

Heather Kline was 12, a girl with a broad smile and blond hair pulled back tight. Teacher Troy Mansfield had cultivated her since she was in his third-grade class.

"Kids, like, idolized me because they thought I was, like, cool because he paid more attention to me," says Kline, now 18, sitting at her mother's kitchen table, sorting through a file of old poems and cards from Mansfield. "I was just like really comfortable. I could tell him anything."

He never pushed her, just raised the stakes, bit by bit — a comment about how good she looked, a gift, a hug.

She was sure she was in love.

By winter of seventh grade, he was sneaking her off in his car for an hour of sex, dropping in on her weekly baby-sitting duties, e-mailing about what clothes she should wear, about his sexual fantasies, about marriage and children.

Mansfield finally got caught by the girl's mother, and his own words convicted him. At his criminal trial in 2004, Heather read his e-mails and instant messages aloud, from declarations of true love to explicit references to past sex. He's serving up to 31 years in state prison.

The growing use of e-mails and text messages is leaving a trail that investigators and prosecutors can use to prove an intimate relationship when other evidence is hard to find.

Even then, many in the community find it difficult to accept that a predator is in their midst. When these cases break, defendants often portray the students as seducers or false accusers. However, every investigator questioned said that is largely a misconception.

"I've been involved in several hundred investigations," says Martin Bates, an assistant superintendent in a Salt Lake City school district. "I think I've seen that just a couple of times ... where a teacher is being pursued by a student."

Too often, problem teachers are allowed to leave quietly. That can mean future abuse for another student and another school district.

"They might deal with it internally, suspending the person or having the person move on. So their license is never investigated," says Charol Shakeshaft, a leading expert in teacher sex abuse who heads the educational leadership department at Virginia Commonwealth University.

It's a dynamic so common it has its own nicknames — "passing the trash" or the "mobile molester."

Actions taken against teachers vary from state to state, but the AP found the number of state actions against sexually abusive teachers rose steadily, to a high of 649 in 2005. More states now require background checks on teachers, fingerprinting and mandatory reporting of abuse, though there are still loopholes and a lack of coordination among districts and states.

U.S. Supreme Court rulings in the last 20 years on civil rights and sex discrimination have opened schools up to potentially huge financial punishments for abuses, which has driven some schools to act.

And the National Association of State Directors of Teacher Education and Certification keeps a list of educators who've been punished for any reason, but only shares the names among state agencies. The uncoordinated system that's developed means some teachers still fall through the cracks and move on to other teaching jobs.

Victims also face consequences when teachers are punished.

In Pennsylvania, after news of teacher Troy Mansfield's arrest hit, girls called Kline, his 12-year-old victim, a "slut" to her face. A teacher called her a "vixen." Friends stopped talking to her. Kids no longer sat with her at lunch.

So, between rumors that she was pregnant or doing drugs and her own panic attacks and depression, Kline bounced between schools. At 16, she ran away to Nashville.

"I didn't have my childhood," says Kline, who's back home now, working as a grocery cashier and hoping to eventually go to nursing school. "He had me so matured at so young.

"I remember going from little baby dolls to just being an adult."

The courts dealt her a final insult. A federal judge dismissed her civil suit against the school, saying administrators had no obligation to protect her from a predatory teacher since officials were unaware of the abuse, despite what the court called widespread "unsubstantiated rumors" in the school. The family is appealing. ..more.. by Associated Press

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July 7, 2007

Educator Sexual Misconduct: A Synthesis of Existing Literature

March 2004:

PURPOSE AND METHODS OF SYNTHESIS
Section 5414 of the Elementary and Secondary Education Act of 2001 as amended in the No Child Left Behind Act authorizes a national study of educator sexual misconduct. This synthesis reviews existing data which relate to educator sexual misconduct including the methods used to collect those data. This report documents research on educator sexual misconduct, not advice or practice recommendations unless supported by data.1 Using data related to sexual misconduct, the synthesis examines:

• Incidence and prevalence
• Offender descriptions
• Target/victim descriptions
• Patterns of misconduct
• School district responses
• Legal remedies
• Effects on targets and others
• Consequences to offenders of allegations
• Union and professional organization roles
• Prevention

1.1 Definitions.

The phenomena examined in this synthesis include behavior by an educator that is directed at a student and intended to sexually arouse or titillate the educator or the child. In this review, “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.

“Students” include any person, whatever age, in an educational institution up through 12th grade. This review does not examine the literature on post secondary or higher education educator-to-student sexual misconduct.

The behaviors included in the review are physical, verbal, or visual. Examples include touching breasts or genitals of students; oral, anal, and vaginal penetration; showing students pictures of a sexual nature; sexually-related conversations, jokes, or questions directed at students.

“Molestation”, “rape”, “sexual exploitation”, “sexual abuse”, “sexual harassment” – these words and phrases are often used to describe adult-to-student sexual abuse in schools. Shoop (2004) defines these behaviors as educator sexual exploitation. There is considerable discussion concerning the appropriate label for these actions. While “educator sexual abuse” is a common reference, “educator sexual misconduct” is a more appropriate term for the purposes of this review.

In naming the focus of this inquiry, I use as a guide the policy of The Ontario (Canada) College of Teachers that recommends the term educator sexual misconduct because the phrase “educator sexual abuse” fails to include the larger set of inappropriate, unacceptable and unprofessional behaviors.

By referring to “sexual abuse” the emphasis is placed on the victim, and the question of whether the victim did or did not suffer abuse or harm. This is not the appropriate focus. The proper emphasis must not be on the student, but on the teacher, who is solely responsible for his or her professional conduct. That is why the College believes it is preferable to define “sexual misconduct”. (Ontario College of Teachers, 2001, p. 3)

The Ontario College of Teachers arrived at this position as a result of a 4-year series of reports and legislation. Their policy referred to the earlier Robins report which discussed the inadequacies of the term “sexual abuse” because it failed to capture the full range of sexual misconduct which may properly be the subject of disciplinary actions by an educator’s employer.2 Further, the term conveys to many the incorrect assumption that the only types of behaviors that count as sexual abuse are physical, criminal, or involve a significant age difference.

For instance, patterns of grooming a potential victim of sexual abuse are not commonly included in criminal definitions of child sexual abuse, and yet are very much part of the pattern of abuse. Other behaviors encompassed under “educator sexual misconduct” that might not be assumed using conventional definitions are an excess of academic or school-related contacts such as email messages or telephone calls not directly related to assignments or classroom expectations, gifts to students, invitations to an educator’s home or to social events, questions about sexual activity, and offers of rides to or from school activities. While traditional definitions of sexual abuse are included under the umbrella of educator sexual misconduct, they are insufficient in describing the range of behaviors that are the focus of this report. These additional components of inappropriate behaviors cross boundaries of professional obligation, but may not yet be sexual. However, they are often the best indicators of the potential for harm. ..more.. by Charol Shakeshaft, Ph.D., Professor, Foundations, Leadership and Policy Studies, Hofstra University and Managing Director, Interactive, Inc.

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