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 | |
opensource | |
community | |
# Uploaded by | |
@shackra | |
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