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Educator Sexual Misconduct: A Synthesis of Existing Literature
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Any adult misconduct or sexual abuse in schools is of
grave concern to students, parents, educators, and the
Department of Education. This literature review of sexual
abuse and sexual misconduct responds to the mandate in
Section 5414 of the Elementary and Secondary Education
Act of 1965 (ESEA), as amended, to conduct a study of
sexual abuse in U.S. schools. To satisfy this mandate,
the Department of Education contracted with Dr. Charol
Shakeshaft of Hofstra University. Using the limited
research that is available in this area, her literature
review describes, among other topics: prevalence of
educator sexual misconduct, offender characteristics,
targets of educator sexual misconduct, and
recommendations for prevention of educator sexual
misconduct. We note that the author offers several new
recommendations that may be worth considering, although
some may be at odds with current law.
Although the author s findings are in part broader than
the congressional mandate and therefore could be
perceived by some as insufficiently focused, we believe
that sexual misconduct in whatever form it takes is a
serious problem in our nation s schools and one about
which parents and taxpayers have a right to be informed.
The Department of Education is currently investigating
ways to obtain more reliable evidence on the extent of
sexual abuse in schools. It is important to note some of
the Department s reservations about the findings in the
literature review. Specifically, the author focuses in
large measure on a broad set of inappropriate behaviors
designated as sexual misconduct, rather than sexual
abuse, which is the term used in the statute.
Specifically, section 5414(a)(3) of the ESEA requires the
Secretary of Education to conduct [a] study regarding the
prevalence of sexual abuse in schools. . . . (emphasis
added) The distinction between sexual misconduct and
sexual abuse is significant in legal and other terms.
However, both are of concern to parents and the
Department.
The author s use of the two words interchangeably
throughout the report is potentially confusing to the
reader. Federal law gives separate and specific meaning
to the words sexual abuse, and such words should not be
confused with the broader, more general concept of sexual
misconduct. Specifically, sexual abuse has been a defined
term for over 17 years [18 U.S.C. 2242]. It involves an
act where one knowingly causes another person to engage
in a sexual act by threatening or placing that other
person in fear. . . or engages in a sexual act with
another person if that other person is (A) incapable of
appraising the nature of the conduct; or (B) physically
incapable of declining participation in, or communicating
unwillingness to engage in, that sexual act. . . . Id.
Sexual abuse carries a penalty of a fine or imprisonment
for not more than 20 years, or both. Id.
Finally, despite some of the above reservations about
this study, the Department believes that this topic is of
critical importance and that releasing the report is
clearly in the public s interest. The overwhelming
majority of America s educators are true professionals
doing what might be called the essential work of
democracy. The vast majority of schools in America are
safe places.
Nevertheless, we must be willing to confront the issues
that are explored in this study. We must all expand our
efforts to ensure that children have safe and secure
learning communities that engender public confidence.
Date Published: 2016-01-31 17:27:57
Identifier: educatorsexualmisconductreport
Item Size: 118533384
Language: English
Media Type: texts
# Topics
sexual abuse
sexual misconduct
teacher
educator
child
school
USA
Unite States of America
education
# Collections
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