Limited Time Discount on Insurance Premium for United Educators Members

United Educators, Learning Courage Partner to Address Sexual Abuse

Bethesda, Md., and Portsmouth, N.H., June 13, 2024 — United Educators (UE) insurance announces a groundbreaking partnership with nonprofit Learning Courage to help prevent sexual abuse at K-12 independent day and boarding schools and youth-serving organizations.

The objective of this innovative collaboration is to help organizations reduce and respond to sexual abuse, protecting teens and creating safer communities.

“Preventing sexual abuse is a top concern for education leaders,” said Sarah Braughler, Vice President of Risk Management for UE, a reciprocal risk retention group serving K-12 schools, colleges, and universities. “This partnership with Learning Courage gives our members an added incentive to foster safe learning environments.”

Through UE’s Risk Management Premium Credit (RMPC) program, eligible organizations can earn an insurance premium credit by joining Learning Courage as a member and completing a Learning Courage risk assessment.

Learning Courage gives leaders tools to help reduce the number of sexual abuse incidents and respond appropriately when incidents occur. To prevent incidents of abuse and minimize trauma, Learning Courage provides groundbreaking programs, best practices, and both human and academic resources.

“By partnering with UE, we’re making it easier for leaders, faculty, and students to help prevent sexual abuse and create healthier communities,” Learning Courage CEO Jamie Forbes said. “Raising awareness of risks and equipping community members with prevention and response skills creates safer learning environments.”

For more information on how to apply and earn the UE premium credit, visit Risk Management Premium Credit Program | United Educators (ue.org).

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About UE 

UE is education’s answer to the distinct risks and opportunities institutions face. UE provides liability insurance and risk management services to about 1,600 members representing K-12 schools, colleges, and universities throughout the United States. Founded in 1987 as a risk retention group, UE is owned and governed by the institutions we insure. UE addresses our members’ unique risks through thoughtful underwriting resulting in appropriate coverage.

About Learning Courage
Learning Courage is a nonprofit membership organization that works with K-12 independent schools and youth-serving organizations to reduce incidents, improve responses and support healing from sexual misconduct and abuse by guiding and advising on best practices, tools, and resources. Founded by survivors and experienced independent school educators, Learning Courage takes a practical and thoughtful approach to helping leaders build communities that are safer and more resistant to sexual misconduct.

For press inquiries, please contact:

Tish King, lking@ue.org / Jamie Forbes, jforbes@learningcourage.org

Security and Safety

The security and safety of your students and employees are of the utmost importance and should be a top priority. In recent years, school leaders have reevaluated their safety practices in light of school shootings, COVID-19, and increased awareness around sexual misconduct. A safe environment enables the students to focus on their education and fosters healthy social behaviors. Research on the topic has shown that feeling unsafe at school negatively impacts student achievement and increases drop-out rates. When we refer to safety, we are referring to a number of different areas: physical, emotional, social, and cyber. 

In the last decade, parental concerns have shifted from educational programming to student safety. While curriculum and achievement are important to parents, they are increasingly concerned about how to keep their children physically, emotionally, psychologically, and electronically safe. Below, we’ll cover the different areas of security and safety within your school.

It is critical to understand your school’s current climate and culture since those are underlying aspects of what drive safe and unsafe school behaviors. Surveying your students and employees is an effective way to have quantitative data around climate and culture. You can use this data to change policies and/or incorporate training that will set expectations and drive positive behavior. You should also examine each aspect of physical, emotional, psychological, and electronic safety, as outlined in the sections below.

Physical Safety

Physical safety for students and employees can range from campus culture to environmental safety to greater threats, such as school shootings. The rise of school shootings understandably has many parents concerned about their children’s safety, therefore many schools have made efforts to increase physical safety practices. Understanding the concerns of the faculty, staff, students, and parents will provide a comprehensive understanding of perceived school safety to guide schools as they cater to the specific needs of the community. Therefore, your school should consider working closely with local departments of safety and consider hiring a vetted firm to do a physical risk assessment of your buildings, lighting, walkways, and campus. While these practices may not prevent incidents, they are likely to reduce the risk. Doing this work sends an important message to your community about the school’s commitment to maintaining a safe environment for everyone.

They would be noting things such as, but not limited to: [School Safety and Security 2020: Is My Child Safe at School?]

Your school should record and address incidents such as, but not limited to: 

While the physical safety of students and employees is essential, these efforts must be coupled with emotional, social, and cyber safety measures to ensure your students are protected from both psychological and physical threats. 

Emotional Safety

Emotional safety for students and employees is critical for a positive learning and work environment. While schools can’t protect against all forms of stress and challenge, they can work hard to address issues of anxiety and stress that negatively impact students and faculty to provide resources and strategies that can improve the emotional wellbeing of the school. A student’s sense of emotional safety within the school environment has been tied to academic and social-emotional success. It is essential for your school to take into account the wide range of emotional needs of the community in order for your students to thrive. Implementing Social and Emotional Learning (SEL) curriculums catered to each age group has been tied to children’s positive academic and social outcomes. Addressing your school’s emotional safety needs will serve students in their long-term social and academic careers, and help foster a culture of trust between school leadership and students.

School staff and policymakers should note things such as, but not limited to:

Creating an emotionally safe classroom environment supports the well-being of your students, therefore teachers must have an understanding of their potential impact on the classroom climate. Ensuring that your students have access to the proper tools and resources to thrive academically and emotionally in and out of the classroom should be a priority. Providing students with tools to self-regulate and feel confident in themselves will increase comfort levels in the classroom. 

Social Safety

Social Safety focuses on creating an identity-affirming environment for all students that represents and celebrates diversity. Bullying and harassment are disproportionately rooted in issues of race, ethnicity, gender, sexual orientation, and identity. Understanding the diversity of experience and background of your student body and creating an environment that they find inclusive and welcoming is essential to eliminate risks of discrimination and exclusion in and out of the classroom. 

Potential threats to your school’s social safety include, but are not limited to:

School leadership should address both student and employee perceptions of and experiences concerning social safety to obtain a clear understanding of the community as a whole. It is your school’s responsibility to clearly communicate findings and adjust classroom and teaching procedures accordingly.

A socially safe school climate includes, but is not limited to: [How to Help All Students Feel Safe to be Themselves]

A socially safe school environment will open a range of opportunities for students to learn more about themselves and their peers. It is important for your school to understand the psychological impact of both emotionally and socially unsafe environments on the learning process in addition to potential physical threats.

Cyber Safety

Despite the wide range of benefits the internet brings to students, your faculty and staff must also have an understanding of the risk factors and threats that may be impacting your students’ well-being. In light of COVID-19, educators have utilized technology more than ever before, uncovering a need for cyber safety education and regulation.  Creating and implementing clear cyber safety policies for students and employees will teach students how to access the benefits of the internet while also understanding the dangers. Your school should evaluate existing cybersecurity regulations and work to fill the gaps to protect students from harm.

Threats to your school’s cyber safety include, but are not limited to: [Cyber Safety Considerations for K-12 Schools and School Districts]

In line with your school’s emotional and social safety concerns, threats to your school’s cyber safety can have similar impacts on a student’s emotional well-being and learning processes. It is important for educators and parents to be aware of the behaviors that may signal a breach in cyber safety.

Warning signs of cyberbullying or victimization include, but are not limited to: [Cyberbullying Warning Signs]

Administrators should also assess existing rules and protocols around cyber safety and may lead to adjustments in technology use procedures.

Preparedness and Prevention measures should include but are not limited to: [CyberSecurity Alliance]

Teaching safe internet practices is more important than ever with the rise of technology use in the classroom and at home. Improving your school’s cyber safety will help protect your students from harm and help them develop tools to use the internet safely and wisely. 

Assuring that your school has the essential information and resources for employees and students around creating a healthy learning environment requires you to address details related to physical, emotional, social, and cyber safety. Policies and procedures must be widely available and any changes to them must be communicated to students, staff, and parents to keep the community aware and accountable. This information will also empower the community to speak up when they see or hear about inappropriate behavior. It is critical that your school address all areas of safety and security to ensure that the school is a safe place to learn and grow. Learning Courage recommends involving students in the development of new protocols and procedures because it will provide leadership opportunities and help administrators gain a deeper understanding of the needs of the student body. Engaging students in the process also fosters a culture of trust between the students and teachers, which is essential in maintaining school safety. 

If You Ignore Porn, You Aren't Teaching Sex Ed

Respected educator and author, Peggy Orenstein, wrote an important opinion piece in today's NY Times. In it, she argues that the availability of porn online exposes all children to it- like it or not. And ignoring that leaves out an important tool in helping kids understand how to become good sexual citizens. We do no favor to students (and our broader community) when we ignore the presence and role of porn in the education of our children's education about sex. This position is by no means embraced by all. In fact, Orenstein's article is in response to recent outcries from parents who opposed clear, honest, age-appropriate conversations and information relating to sexuality and sex. It is a complicated discussion, but Learning Courage strongly endorses the need to provide language and information in age-appropriate lessons throughout students' education. Frankly, we know what happens when there is limited or no education, leaving kids to figure this critical social behavior out on their own. The experiment continues to fail, and we have more than enough data that supports the need for straightforward talk.

A Crisis Is Coming - Is Your Board on Board?

Our friend and well respected legal voice in the work reducing and responding to sexual misconduct, David Wolowitz, wrote an important and useful article in the July/August issue of Net Assets magazine in 2018.

The article gets to the heart of where incidents can become more problematic for schools than they need to be. Advance planning, training and alignment are the best ways to ensure that you are able to respond quickly, while keeping the care of those harmed at the forefront of your response.

Three of the takeaways from David's article include these (excerpted from the article):

  1. Successful crisis communications hinge on collaborative,
    well-thought-out work between a school’s administration
    and board of trustees.
  2. Prior to any crisis, administrators and trustees must agree
    on three key organizational dynamics: respective roles,
    guiding principles and information-sharing.
  3. Board members must be trained in the importance of
    protecting privileged, private and sensitive information, and
    all relevant parties should train for a crisis.

To read the full article, click here.

Best Practices In Sexual Misconduct Policies and Procedures

Our goal at Learning Courage is not to simply summarize the content on various topics related to sexual misconduct in schools. We aim instead to identify what we believe are the best practices schools should follow. We believe that having a survivor-centric, trauma-informed, compassionate approach to sexual abuse and misconduct will best help schools mitigate harm and promote healing for both survivors and school communities while also requiring the fewest resources to address.

We hope you will find this information useful for your school and see how, by considering our recommendations, members will have the benefit of understanding how to establish and maintain practices that maximize both school and student safety.

Our approach and philosophy are centered around the belief that it will require our collective wisdom and ongoing effort to improve how we address and reduce sexual misconduct and abuse.

Learning Courage believes that it is critical to have easily accessible information on school websites regarding sexual misconduct and sexual assault.

Schools across the nation have been scrutinized and criticized by the media for their response to sexual misconduct and abuse. Collectively, we have both an obligation and an opportunity to teach and lead on this complex and critical issue facing our youth. Your school’s website is one of your most powerful marketing tools. It is also where prospective families, current families, prospective faculty/staff, educators, and other visitors can learn about your school’s values and priorities. Families and alumni are looking to see if you are proactively addressing issues of sexual misconduct and creating safe learning and working environments for students, where clear expectations and guidelines are outlined. We believe it is best to make this content both easy to find and understand because doing so demonstrates confidence and a commitment to student safety. Learning requires safety.

Too often fear is what inhibits schools from making the courageous decisions needed to address sexual misconduct and abuse directly and compassionately. In reality, fear tends to drive schools and school leaders to make poor decisions that ultimately create more harm – often unintentionally – to people and institutions. Our strong belief is that having a survivor-centric, direct, and compassionate approach to sexual misconduct and abuse helps mitigate harm and promotes healing, not just for those harmed but also for the broader community.

Below you will find a list of what we believe to be the best-in-class practices in policies and procedures related to sexual misconduct and abuse. They are best practices because they meet our priorities of leadership and community safety, and they are survivor-centric. They set clear expectations for students and help build trust with your existing school community and with prospective families

Observed Best Practices

Organizational Alignment

Perhaps the most important observation of schools that have protracted and lingering challenges around sexual misconduct and abuse is that it stems from a lack of leadership alignment between the Board and the School’s administrative leadership. Responding well to reports of misconduct and abuse requires advance planning and discussion. This discussion should start with Board leadership and include topics such as overall approach and philosophy. Waiting to have these discussions when forced to respond to an emergency significantly reduces the opportunity to achieve and maintain alignment. The consequences of failed leadership alignment (human, reputational and financial) can be staggering.

Policy Adherence

While we highlight these as best practices, it is important to note that following practices you have established are even more important than documenting excellent policies. And having the “ideal” best practices alone cannot protect your school or the students from harm. The combination of establishing best-in-class policies and procedures AND following them is the best way to protect everyone in the school community while also minimizing risk to the institution. Following established policies will not only reduce your risk but will also establish credibility and trust among the school community. The opposite is true if policies and procedures are not followed.

Easy to Find

Content on policies and procedures may be found in different places on your school’s website. Making content easy to find demonstrates both your commitment to student safety and your confidence and integrity around the work you have done. Think of different audiences and where they would expect to find the information. Minimize the number of clicks the user has to make to get there.

Warm and Accepting Tone

Policies and procedures are for students and for adults. They should be easy to understand and written in language that is free of legal jargon. The tone should be similar to that of a caring adult communicating to a student in a matter-of-fact way about important information that will keep the student safe. Policies and procedures are designed for safety not to scare students. The information should be easy to understand for readers of all ages.

Thorough

We believe that more information is better than less. Some schools take the approach that “less is more” when writing policies and procedures. This may give schools more flexibility to handle incidents differently, according to nuance and context. However, the lack of clarity also leaves room for interpretation from all readers and therefore increases the likelihood of confusion. We believe it also can be perceived as a lack of commitment to the work required to keep your community safe.

Clear and Concise

Don’t over-complicate the information in the name of being thorough. The important thing to remember is that the information should include content that is required by law, information that is relevant and specific to your school, and also details that come from peer schools that could also be relevant at your school. 

Specific insight into how to demonstrate your school’s confidence and commitment to strong policies and procedures are outlined in the section below.

Website

As stated above, we believe it should be easy to find information about your school’s policies and procedures on your website. When people type in “sexual misconduct,” “sexual assault,” “sexual abuse,” or “historic misconduct and abuse” on your school’s website, they should be directed to a page that gives them the following links or information. 

  1. Demonstrated Commitment to Student Safety and Well-Being

We recommend that schools dedicate a section of your website to demonstrating your active commitment to student safety and well-being. Particularly in these volatile times where students are experiencing many forms of abuse, harassment and misconduct (not just sexual), community members need to know the school’s commitment to student safety and well-being. You can demonstrate this commitment in many different ways.  What is equally important is to ensure that your school follows stated practices and policies. 

We recommend that all schools have a thoughtfully worded statement about how they care about the safety and well-being of everyone. In this section, often under the “Health and Wellness” section of the website, your school should outline the culture and values you work to sustain. Include how you educate and train students on prevention and response to sexual abuse and misconduct. You may also identify how your school supports various constituents (different divisions where applicable, students, parents, faculty/staff, etc.). Because of ongoing national concerns about adult/student abuse, it is essential that your school establish and follow rigorous hiring practices, including conducting national background checks, training for new employees and ongoing professional development for faculty and staff. By outlining your hiring and training practices for faculty and staff for all to see, your school shows prospective employees, parents, and others how much care you put into maintaining the health and safety of your community.

See Learning Courage’s page on “Commitment to Student Safety and Well-Being” for more information. 

  1. Sexual Misconduct and Abuse Policy

Every school must have an overarching sexual misconduct statement. A general philosophy is first establishing a zero-tolerance policy regarding sexual abuse and misconduct.

The goals of the policy should include:

It can also be helpful to articulate specific policies regarding different groups on your campus: High/Upper School, Middle School, Employees for example. 

  1. Create and Name an Oversight Committee Handling Sexual Abuse and Misconduct

Handling cases of sexual abuse and misconduct are incredibly delicate, complex, and time-consuming. They require proper training and expertise for those involved. Therefore, every school should have a separate committee from the regular discipline committee for handling cases of sexual misconduct. The composition of this committee will probably vary from school to school, but it often includes the Head of School, designated Deans, School Counselor, Division Director (where appropriate), School Nurse, designated communications person, Title IX coordinator (where applicable), and Human Resources Officer.  Some oversight committees include the Board Chair, depending on the kind of misconduct, and legal counsel. 

  1. Supportive Services on Campus

Bringing claims of sexual assault and abuse forward can be scary. It is important that the students and adults in the community know that your institution cares about them and wants to hear what happened to them, investigate the reports and provide any necessary support for those involved. Therefore, it is critical that you outline the process for reporting in a clear and compassionate manner, and you identify those designated individuals who are available and accessible to hear reports of misconduct and abuse. 

For those requiring medical help, counseling support, academic or housing modifications, these details should be listed under Supportive Services on campus. This information should also be included in the Health and Wellness section of your school’s website. 

Decision trees are also effective for students and other community members because they visually convey a process and the possible outcomes. Decision trees can help inform and guide students and can be useful for understanding when to use anonymous reporting, how to seek medical or mental health support. The lists of support should include but are not limited to: administrators involved with the misconduct committee, School counselor, School nurse, Deans of students, and more. To make it easy to get the necessary help, cell phone or other monitored phone numbers should be included. Those responsible for fielding calls must be appropriately trained. See the “Supportive Services” section for a sample graphic that should be readily accessible at all schools.

In this section of the website, it is helpful to define confidentiality, mandated reporting, immunity, and sanctuary policies so the reporting party is aware. Decision trees can be helpful here as well.

In addition to immunity and sanctuary policies, schools often have other policies in place that support students who might be struggling, not only as it relates to sexual misconduct and abuse. These supports might include the ability to have some academic modifications if performance begins to slip, the ability to switch classes if the alleged perpetrator is in the same class, the ability to shift housing or living circumstances, and the opportunity to take a leave of absence to name a few. 

See Learning Courage’s page on “Supportive Services” for more information. 

  1. Incident Reduction and Training

A critical element of reducing incidents of sexual misconduct and abuse on school campuses is having a robust education, incident reduction, and training program at your school. There are many constituents at schools and the reduction and training should be designed specifically for each constituency: students, parents/guardians, faculty, staff, and trustees. These should be adapted annually and based on overarching strategic goals established by the school based on best practices.

See Learning Courage’s page on “Prevention and Training” for more information. 

  1. Reporting Sexual Misconduct and Abuse

Reporting sexual misconduct and abuse can be scary and intimidating, not only because the reporting party may be traumatized by the event, but also because the reporting party is likely also concerned about all of the unknowns and possible implications that arise with reporting. To reduce some of these unknowns, it is critical that schools are specific about who victims/survivors can go to if they are concerned about abuse, what the school’s commitment is to its community, what resources are available to victims/survivors both on and off-campus, and how they will be supported. For example, stating that a student should go to a “trusted adult” assumes that there is an obvious choice for that student. It also assumes that the adult they choose has been trained in how to handle a report. Most schools have a School Counselor (some have a Title IX Coordinator/Wellness Coordinator) who is trained to notice and respond to abuse. However, we recommend there be a few others on campus who are trained as well.  Best to be specific here, rather than general. Providing helpful options is also useful, as long as the list is not too long or confusing.

Reporting options should be highlighted in multiple places including, but not limited to, the school’s website, the student handbook, and the employee handbook. The most important thing is to have supportive, easy-to-follow instructions for students, knowing it is scary to consider reporting. Guidelines on how or when to report to authorities should also be included. Examples include decision trees or a whistleblower hotline like EthicsPoint or Lighthouse that is completely confidential and available 24 hours a day.

See Learning Courage’s page on “Reporting Requirements” for more information. 

  1. Investigating and Responding to Current Reports of Misconduct and Abuse

Any incidents of sexual misconduct, assault and abuse seriously impact your school community. Often there are strong emotions, conflicting stories, and complex dynamics involved in these cases. Because you are in the business of caring for student safety and well-being, it is critical that the process used to investigate and respond to reports of misconduct and abuse be clearly outlined, survivor-centric and trauma-informed. This clarity allows the administrators and students to follow clear protocols that focus on maintaining the strong values and standards of your school while also minimizing further unintentional harm. Investigations and responses to reports of sexual misconduct and abuse are time-consuming and emotionally intense processes, so it is very important that those involved are trained and know the protocols to follow.

It is also important that your school outlines how it will handle and resolve claims of sexual misconduct, assault, and abuse. There is a range in the level of detail provided by schools. The most important things to consider are:

  1. Differentiating the investigation process from your typical discipline process since these incidents require training for those involved and should not include students
  2. Outlining your process clearly
  3. Adhering to your process

See Learning Courage’s page on “Investigations & Responding Practices” for more information. 

  1. Historic Misconduct and Abuse

Like misconduct that happens in your school today, historic misconduct and abuse are tragic.  And yet, it’s often more complicated because the individuals likely differ in their healing, and it’s easier to leave it up to those harmed to make a report than it is to be proactive and not know what you will find. 

Unfortunately, there is a high likelihood that, whether or not it was previously reported, your school has some history that includes sexual abuse. These incidents are painful and incredibly complicated to handle well because there are so many elements involved: human/emotional, legal, institutional, and systemic. And yet, one thing is clear: addressing these incidents with integrity and empathy provides an opportunity to heal those who have been harmed while also bringing your school community closer.  

We have complete sections for both reporting and investigating misconduct and abuse, so we do not go into these details here.  The links below lead to those sections with more complete information.

  1. Crisis Response Guide

Every school needs to have a protocol for responding to reports of sexual misconduct or abuse. Part of that response includes providing emergency support for both the reporting and responding party. If the reporting party requires medical attention, the following should be identified and known to all those responsible for the student’s care:

In addition, you need to have a trained resource for emergency emotional support for all students involved. This is important because it will help minimize the additional trauma for the reporting party and will provide a source of information closest to the event. Providing a trained resource in this process also allows you to have documented memories of the experience for both the reporting and responding parties, which will be important for those involved in assessing the findings.  Lastly, this trained person will increase the likelihood that policies and procedures have been followed.  

When an individual reports an incident, you must determine if the school is obligated to report these allegations to the authorities. State laws vary, but we recommend that, if warranted, reporting should be made by the school’s designated mandated reporter, if they have one. For some schools, this person is called a “Wellness Coordinator”. Regardless of their title, all faculty and staff must know who this individual is and how to contact them. In some states, all faculty/staff are mandated reporters so it is critical that those steps are outlined for the community.

See Learning Courage’s page on “Crisis Response Guide” for more information. 

  1. Definition of Terms

Define key terms and policies: See Learning Courage’s “Definition of Terms” for complete descriptions of these terms:

  • Dating Violence
  • Sexual Assault
  • Sexual Exploitation: Include a description of technological exploitation.
  • Sexual Harassment and Hostile Environment
  • Stalking
  • Statutory Rape
  • Prohibition of Sexual Relationships Between Students and Employees
  • Consent
  • Confidentiality: Be sure to include the limitations of confidentiality, especially with respect to mandated reporting
  • Privacy: While it may not be possible to ensure complete privacy regarding reports of sexual abuse and misconduct, schools can establish practices that respect student privacy. This includes keeping investigations on a “Need to know” basis.
  • Discrimination
  • Bullying
  • Hazing
  • Incapacitation
    1. Student Handbook

    Every school has a student handbook which contains critical information about the school’s values, standards, expectations, and policies. We recommend that schools include an electronic version of their student handbook on their website. Every school should require students to read the student handbook at the beginning of each academic year and to confirm with their signature that they have read and agree to abide by the policies laid out in the handbook. 

    In addition to reading and confirming they have reviewed the handbook, we recommend that sections related to topics such as sexual misconduct and abuse be reviewed and discussed in advisory teams or some other small group. These steps establish a greater understanding of the practical application of behavior expectations than if only reading the handbook is required. 

    Schools should update their handbooks annually.

    Topics to cover in your school’s Handbook related to sexual misconduct and abuse:

    See Learning Courage’s page “Student Handbook” and “Definition of Terms” for more information. 

    1. Employee Handbook

    Like the student handbook, your school should update its employee handbook annually and should include an outline of employee conduct expectations. While some schools may not want their employee handbook linked on their website, at a minimum the school should use the website to clearly define employee conduct expectations, hiring processes, and background checks.

    Employee handbooks should also include the topics aforementioned in the Student Handbook Section. It is crucial that employee handbooks are equipped with the most recent and up-to-date reporting requirements for the state in which the school is located.

    Employee handbooks should consist of but not be limited to:

    See Learning Courage’s page “Employee Handbook” for more information. 

    1. Communication

    Communication around incidents of sexual misconduct and abuse is delicate. Most current cases can’t be discussed because of confidentiality. However, your school should be prepared ahead of time with a crisis communication plan, especially for situations where the news media are involved. Similarly, sometimes cases of current sexual misconduct, assault, and abuse become “public” around campus and you will need a communication strategy to address that possibility. 

    In the case of communication, it’s important to differentiate between internal communication and external communication.  In the context of sexual misconduct and abuse, we refer to internal communications as within the current school community.  This includes faculty, staff, students, and their parents/guardians.  External communications in the context of our work refer to information sent to alumni.  This external communication is often posted on school websites and therefore should be considered information that could be included in media coverage. Press releases and creating talking points for responding to media are also external communication.

    Incidents related to existing students should not be communicated internally or externally unless details are reported and carried in the media. 

    In the case of historic abuse, it is essential that you include someone with communications expertise to advise you through the process. Investigations typically take months and can last longer than a year.  Providing updates to your community throughout an investigation, once you receive the findings from the report and continuing as you respond to findings requires care and regular attention.

    Doing this well requires transparency in sharing details.  It’s also important to identify steps your school is taking to address the historic abuse and prevent further injury or harm to the current community.  Lastly but also critical you must communicate specific details of how your school is supporting those who were harmed. These are all essential for schools and their communities to heal. 

    See Learning Courage’s page on “Communication Guidelines” and “Historic Misconduct and Abuse” for more information. 

    1. Support for Alumni

    Schools are committed to many constituents: current students, parents/guardians, employees, alumni, and more. When schools are affected by historic misconduct and abuse, they are faced with many hard decisions that impact their community. One of those decisions is how best to support the alumni who are victims/survivors of that abuse. It is not easy to sort out these decisions as there are human, financial, legal, and institutional priorities. However, regardless of your school's stature or financial position, it is critical that your response be survivor-centered and trauma-informed. Too often fear drives these critical decisions and subsequently, your school can unintentionally do more harm to the survivors and the greater community.  Every school is different in their capacity to provide financial support for alumni survivors, but you should consider what support you want to offer to their alumni: counseling, survivor advocates, legal mediation assistance through independent investigators and arbitrators, a place for alumni to come together for healing and more. 

    See Learning Courage’s page on “Historic Misconduct and Abuse” and “Communication Guidelines” for more information. 

    Risk Assessment

    Minimizing risk is an important aspect of running a school. And few topics conjure as much fear in school leadership as sexual abuse and misconduct. Incidents have a large human, financial and reputational impact on an institution.  In addition to the potential physical and emotional harm caused to members of the school community and the discomfort of facing such a topic, there is the sheer time it takes to investigate a claim, the money involved, and the reputational risk that accompanies each incident and impacts applications, enrollment, and annual giving. So there is no wonder that this topic brings up deep concern for those responsible for risk management.  The good news is that you have resources to help. Perhaps your greatest ally in this work is your insurance provider. They have a vested interest in minimizing your risk in all these areas, and most underwriters have tools available to assess and address the risk that exists at your school.

    Assessing risk is most useful to understand where risk exists so you can make a plan to reduce it.  These actions should be done before there is an incident rather than in response to an incident.  Below is a list of areas to assess the risk of sexual abuse and misconduct at your school:

    Environmental Scan

    It’s important to know where you’re starting from and what has happened in the past.  An environmental scan is the process of gathering information about trends and occurrences and their relationships - both internally and externally. The results can be both qualitative and quantitative. For example, an environmental scan will likely examine budget issues, enrollment fluctuations, fundraising opportunities, and changes in leadership. On the external side, the scan should include changes in public policy, law, economics, demographics, technology, philanthropy, etc. The environmental scan helps you identify risk and shape goals to address areas where you have risk. Performing environmental scans on a regular basis gives you data to understand the impact of your plan. 

    Physical Space

    Schools often think most of protecting students from dangers outside the school community. It’s also essential to consider how the physical spaces in your school help maintain appropriate boundaries for all members of the community or increase risk. This includes considering lighting, doors with windows, entrances and exits to campus and campus buildings, security cameras, and other aspects of buildings that help maintain safe environments. 

    Policies and Procedures

    Policies and procedures establish institutional expectations and give you a road map for holding people accountable. These details also tie very closely to the culture of your school.  The policies should underscore the attitudes and behaviors you want to see within the school community.  And for policies and procedures to be effective, they also need to be followed consistently.  Failure to follow policy creates significant risk for your school. It is essential that you review your policies and procedures annually and have a designated team with appropriate training to do so. For additional information, please see Learning Courage’s page “Best Practices In Sexual Misconduct Policies and Procedures.”

    School Culture and Climate

    Every community has a specific culture. Some are more obvious or easy to define than others.  The culture is an expression of values that are solidified by traditions, lore, and current behavior.  And cultures evolve with different leadership, student attitude, and outside cultural change. It’s important to recognize what the culture of your school is and how that both helps and may hinder the attitudes and behaviors you want to see in your community.  

    Administrative / Committee Structure

    One way to reduce risk is through planning how to respond when incidents occur. Part of that planning includes identifying the committee or individuals who need to be included in the process and establishing protocols for how to respond and who is responsible for handling the various aspects of each report. For all of these groups, we recommend the individuals receive training on how to respond to incidents in a trauma-informed, survivor-centered manner. 

    Current Student Misconduct and Abuse

    While we know that preventing incidents is the goal, unfortunately it is unlikely that we will successfully eliminate sexual abuse and misconduct. So it’s essential to have a plan for how to respond when incidents occur. Unlike with other school violations, it is inappropriate to include students in sexual misconduct investigations and disciplinary decisions. For more information, please see Learning Courage’s page “Investigation and Response Practices.” 

    Adult Misconduct and Abuse

    While less frequent, sexual misconduct incidents between adults and students can occur. You have to have a plan ready for responding to these allegations, whether they happened to existing faculty and students or to individuals who are no longer involved on a daily basis. 

    Historic Misconduct and Abuse

    Schools that have been operating for any significant period of time are likely to have some history of abuse. It’s the unfortunate truth. Some schools take a proactive approach and send out a letter to alumni inviting them to disclose incidents of abuse, while others prefer to take a reactive approach. At Learning Courage, we encourage schools to be proactive, and we also recognize that this decision should not be taken lightly. However, being proactive gives the school community an opportunity to heal, demonstrating the power of the community and supporting those who were harmed. For more information, please see Learning Courage’s page “Historic Misconduct and Abuse.”

    Training

    Training is one of the most effective ways of reducing incidents of sexual abuse and misconduct at your school. Training related to sexual abuse and misconduct creates awareness, sets expectations, and identifies responsibilities related to creating and maintaining personal boundaries, healthy relationships, and appropriate sexual interactions.

    It is not sufficient to simply meet minimum training requirements. While this type of training sets an expectation, it is generally related to behavior that most would agree are egregious and obvious violations. While establishing this baseline is important, we believe that school communities need to embrace a shared responsibility to preventing sexual trauma. Doing this requires an integrated approach to training that includes a full range of topics and is followed by discussion circles. The training objective should be to create a clear understanding of how to create and maintain healthy sexual relationships and the consequences for those not adhering to that standard.        

    At Learning Courage, we recommend a combination of training and roundtable discussions to solidify learning for both students and adults. We also recommend varying the training so the same topics are covered in different ways from year to year. This increases content knowledge and keeps the curriculum fresh. For more information, please see Learning Courage’s page “Prevention and Training.”

    Communications

    Communicating about incidents of sexual misconduct and abuse can be challenging, which is why having a plan is so important. Schools’ risk can increase dramatically if they don’t properly communicate about incidents of sexual misconduct and abuse. It is tricky to balance confidentiality and transparency, reaching the needs of multiple audiences, using an appropriate tone and understanding the frequency of communication that makes the most sense. Therefore, having a solid communication team and plan is essential to reduce risk and build trust in your school. For more information, please see Learning Courage’s page “Communications Guidelines.”

    Board of Trustees

    One of the main risks for schools in cases of sexual misconduct occurs when there is a lack of alignment between the administrative leadership and the Board. This can lead to inconsistent communication, leave survivors and their families with deeper trauma, and add significant time and expense to each incident, thereby leaving the school more vulnerable.

    Legal

    Attorneys play a critical role in understanding risk and partnering with schools. Having a good relationship with your legal counsel and ensuring they understand your school and your school’s values is crucial. In cases of sexual misconduct, their perspective should also be balanced with a consideration of how to best support the healing of the individuals who are claiming harm. 

    Insurance

    Look at your current policy to understand what coverage is provided. Make sure you know what is included and what isn’t.  Review also the previous policies and coverage because, in the case of historic abuse, your coverage is based on the policy your school had at the time of the incident. Knowing the coverage and the limitations for each of your policies over time will save you time and enable you to be more prepared when incidents occur. Having a strong relationship with your insurance provider will help when you are faced with any kind of hardship. Also, many insurance providers will conduct training and risk assessments for your institution. 

    Risk comes in many different forms. Minimizing risk requires understanding where risk exists and creating a plan to address the areas of risk. Sometimes the risk is easy to address, such as adding lights in dark stairways or windows on classroom doors. Other times, like when the risk is embedded into the culture of the school, it takes a concerted effort that can take several years. The first step is to recognize where risk exists and then build a plan to reduce it, wherever possible measuring the results as you go.

    Definition of Terms

    When discussing sexual misconduct and abuse, there are many terms and definitions that schools use. Some people may be hearing or reading them for the first time. And often they include legal jargon. This can make policies ambiguous or confusing. Thus, having a clear set of definitions and terms can help reduce ambiguity. With definitions that are accessible to all, students and community members, everyone has a clear idea of their rights and obligations as a member of the community. In some cases, the definitions in this document include observations based on our work.

    A link to the age of consent by state: Statutory Rape: A Guide to State Laws and Reporting Requirements. Sexual Intercourse with Minors

    Boundary: Healthy relationships are critical to providing a safe learning environment for students. Defining appropriate lines of behavior for adults and students is essential for establishing and maintaining healthy relationships. Boundaries are physical as well as emotional. Clear boundaries allow for safe relationships. Boundary violations occur when a person trespasses a boundary. (source)

    Bullying: “An ongoing and deliberate misuse of power in relationships through repeated verbal, physical and/or social behavior that intends to cause physical, social and/or psychological harm. It can involve an individual or a group misusing their power, or perceived power, over one or more persons who feel unable to stop it from happening.” (source) Bullying can occur in-person as well as online. 

    Some examples of bullying include, but are not limited to:

    Child sexual abuse: A form of child abuse that includes sexual activity between an adult and a child. This does not need to include physical contact between a perpetrator and a child. This includes but is not limited to:(source)

    Complainant: According to Title IX, a person who makes a formal complaint in a court of law that they have been harmed by someone else. We recommend that “reporting party” be used instead of “complainant” in order to avoid any negative connotations of the individual seeking help.

    Consent (as it relates to sexual activity): An agreement given between participants to engage in sexual activity. Consent facilitates respect and communication between individuals as they make decisions together. The legal age of consent varies from state to state. We at Learning Courage recognize that sexual activity may occur among students under the age of consent however, it is still important for consent to be given and maintained during sexual activity. Consent can be withdrawn at any point during the activity. Consent to perform one sexual activity does not mean that consent has been given for another sexual activity. Consent cannot be given if a person is incapacitated and it cannot be gained through force. Silence does not indicate consent has been given. Consent is a complex topic; In fact, we believe that a lack of understanding of the practical application of consent is where the majority of abuse and misconduct occurs. Therefore, we believe that there should ongoing training, workshopping, and visual reminders in shared spaces throughout the year on consent with students.

    Consent can be:(source)

    RAINN’s law generator highlights the Consent Laws for each state and what constitutes as consent (Rape, Abuse and Incest National Network)

    Dating violence: “Dating violence is a pattern of assaultive and controlling behaviors that one person uses against another in order to gain or maintain power and control in the relationship.” (source) Any person, regardless of their gender, sexual orientation, religion, race, or ethnicity can experience dating violence. Dating violence can occur in both serious and casual relationships. This can include physical abuse, emotional abuse, and electronic abuse (such as posting private pictures sent by a partner).

    Domestic violence: Domestic violence is abuse that occurs within the home. Domestic violence can occur to anyone, regardless of their age, gender, or sexual orientation. It includes physical, verbal, and emotional abuse. 

    Faculty and Staff: Any and all people employed by the school. 

    Force: Doesn’t always refer to physical pressure. Perpetrators may use emotional coercion, psychological force, or manipulation to coerce a victim into non-consensual sex. Some perpetrators will use threats to force a victim to comply, such as threatening to hurt the victim or their family or other intimidation tactics. (source)

    Gender: Noun that can be usefully divided into two separate concepts. First, gender identity describes a person’s own internal—and often deeply held—a sense of their gender. Many people have a gender identity of “man” or “woman” (or “boy” or “girl”), but for many others, their gender identity does not fit neatly into one of those two categories. Second, gender expression describes external manifestations of gender, including behavior, name, preferred pronouns, clothing, hairstyle, voice, and/or body characteristics. Society identifies these cues as masculine and feminine, although what is considered masculine and feminine changes over time and varies by culture. Gender expression should not be viewed as an indication of sexual orientation.

    Gender-based harassment: Gender-based harassment is harassment based on one’s gender. It does not involve explicit sexual behavior, but includes epithets, slurs, and negative stereotyping of a person based on their gender identity/expression or because they do not conform to stereotypical norms of femininity or masculinity. Transgender and gender non-conforming individuals are protected from gender-based harassment under Title IX.

    Grooming: “Grooming is when someone builds a relationship, trust, and emotional connection with a child or young person so they can manipulate, exploit and abuse them.” (source) Grooming can be done by any individual, regardless of age, class, or gender. Grooming can occur over the internet as well as in person. It involves an adult attempting to gain the trust of a child with the goal of sexual abuse. See “Signs and Symptoms of Abuse” for additional information.

    Harassment: Unwelcome conduct or behavior that is personally offensive or threatening and that has the effect of impairing morale, interfering with a person’s work performance, or creating an intimidating, hostile, or offensive educational environment. There are many forms of harassment including but not limited to sexual, sexual orientation, gender identity, disability, race, color, religion, national origin to name a few. Harassment can occur between two individuals or groups of individuals and can occur via any medium of communication – for example and without limitation, verbal, written, email, text messages, and postings on the Internet or social media (whether anonymous or authored). Forms of harassment include, but are not limited to, written and oral remarks. The target of the harassment determines whether they feel harassed.  Harassment is not determined by the responding party’s intent. 

    Hazing: “Any action taken or any situation created intentionally that causes embarrassment, harassment or ridicule and risks emotional and/or physical harm to members of a group or team, whether new or not, regardless of the person’s willingness to participate,”(source) It may commonly occur when joining a new team (such as a sports team, honor society, or Greek life)

    Some examples of hazing include, but are not limited to:

    Hazing legislation varies by state. State Laws 

    Hook-up culture: A culture that accepts or encourages individuals to engage in uncommitted sexual activity. Hook-up culture can contribute to social pressure for sex and impact understanding of consensual behavior.

    Hostile work environment: Creating a work environment that a reasonable person would find hostile, abusive, or intimidating. Offensive conduct includes offensive jokes, sexually-suggestive pictures, and slurs. (source)

    Immunity: Students who may have violated other school policies during an incident of sexual misconduct or abuse may be hesitant to report the incident. With immunity policies, students are given immunity for school policy violations when reporting sexual misconduct or abuse incidents. This practice encourages individuals to report sexual misconduct or abuse without fear of formal discipline for school policy violations. At Learning Courage, we believe that policies that support reporting are best practices.

    Incapacitation: The inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. Incapacitation may result from the use of alcohol and/or drugs. (source) Consent cannot be given if a person is incapacitated.

    Incest: Sexual relations between unmarried family members (cousins, parent-child, siblings, step-siblings, aunts/uncles, etc.)

    Intimidation: Unlawfully placing another person in reasonable fear of bodily/emotional harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack

    Mandatory Reporting: “A mandated reporter is an adult who is required by law to report to law enforcement or child protective services when they think that a minor or other vulnerable person may be experiencing abuse.” (source) At Learning Courage, we believe that all members of your school community must understand what is meant by mandatory reporters and the implications of sexual abuse and misconduct disclosure to mandated reporters. Refer to the decision tree in “Sexual Misconduct Policies and Procedures.

    Mandated reporters differ by state. RAINN has a law report generator to find out who is a mandatory reporter and for what: Mandated Reporter

    Mediation: An attempt to resolve a dispute or conflict through the participation of a third party; the reporting party has the opportunity to share their experience and the responding party can attempt to repair harm. See also “Restorative Justice.

    Neglect: Failure to protect a child from exposure to any kind of danger or extreme failure to carry out important aspects of care, resulting in the significant impairment of the child’s health and development.  Neglect can take many forms.  It can be both physical and emotional and includes failure to provide access to things known to be essential for healthy human development.

    Non-consensual sexual contact: Any intentional sexual touching, however slight, with any object, by a person or people upon another person or people, that is without consent and/or is by force.  One easy way to help people of all ages understand consent is to show the short video, “Tea and Consent,” which uses tea as a replacement for sex.

    Online sexual abuse or misconduct: “When one person manipulates another person to get them to do something sexual — it’s an ongoing cycle of emotional and psychological abuse. This can include things such as forcing or blackmailing someone into to sending sexual photos/videos of themselves online or to perform sexual acts over webcam.”(source) Not only does this have the potential to create emotional and psychological harm for the victim, but the online transfer of sexually explicit photos of minors is considered child pornography and can lead to serious legal consequences. See also “Sexting

    Perpetrator: An individual who is accused of or has been convicted of committing an illegal act. Learning Courage uses the term “Responding Party” instead of perpetrator, particularly before there is a finding in the case.

    Post-Traumatic Stress Disorder (PTSD): A psychological disorder that emerges after a traumatic event like a car accident, natural disaster, combat, or sexual assault. This can come with symptoms such as nightmares, flashbacks, inability to concentrate, memory loss, and feelings of hopelessness. (source) PTSD creates impairment that makes those who suffer from it 3-5 times more likely to suffer from depressive episodes.  Also, 46.4% of those suffering from PTSD meet the criteria for substance use disorder. (source

    Power dynamics: The level of power that members of a community/organization possess relative to each other and how those levels influence their interactions. Power dynamics are often thought of in terms of age or hierarchy.  These dynamics can also include financial power and physical prowess in sports. 

    Quid pro quo harassment: “This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. For example, a supervisor promises an employee a raise if she will go out on a date with him, or tells an employee she will be fired if she doesn't sleep with him.”(source) An example of this type of harassment in a school can include a teacher asking for a sexual favor from a student in exchange for a date with the student.

    Rape: “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”(source) Rape can happen to people of all ages, genders, races, ethnicities, abilities, and sexual orientations. This legal definition is often not understood without training.  Teens, for example, are most likely to think of rape exclusively as vaginal or anal intercourse.  This broader definition is essential for everyone in the community to know given the implications for both the reporting and responding parties.

    Reparations: When addressing historical sexual misconduct or abuse, the school may decide to provide support to survivors in the form of funded therapy, mental health services, and compensation.  We believe that all schools need a plan for reparations. This enables those responding to reports to inform individuals of the options.  This proactive approach also demonstrates to the individual that there are ways available to support their healing.  We also see a direct relationship between the willingness to provide reparations and the cost and time required to respond to incidents.  When survivors feel they are being supported and cared for, they are able to focus more on their healing than on holding the institution accountable. 

    Reporting party: Any person who chooses to file a complaint about alleged sexual misconduct or abuse and/or a violation of school policy. Some organizations use the word “complainant.” We believe that “reporting party” is more neutral terminology and more appropriate where appropriate.

    Respondent: A term used in Title IX regulations, the party against whom a petition is filed, especially one on appeal. (source) See “Responding party”

    Responding party: Any person accused of sexual misconduct or abuse and/or a violation of school policy. Some organizations use the word “the accused” or “perpetrator”. We believe that “responding party” is more neutral terminology and more appropriate where appropriate.

    Restorative justice: A process by which the community, offender, and victim come together in an attempt to repair the damage done by a crime; it is intended to empower victims as well as heal harm done to communities by an offense(source) Restorative Justice does not replace investigations and findings or eliminate consequences for those who committed harm.  See also “Mediation

    Retaliation: An act meant to punish, intimidate, harass or bully a person for making a report of sexual misconduct or discrimination or providing information during a sexual misconduct and abuse investigation. Retaliation is unlawful and will be subject to discipline by the school.

    Retraumatization: Retraumatization can occur to anyone who has experienced a traumatic event. It occurs when a person is reminded of or re-experiences a traumatic event. Retraumatization can be mitigated by trauma-informed care.

    Retraumatization can be caused by:(source)

    Sexting: Sending and/or receiving sexual messages through technology such as a phone, app, email, or webcam. Sexting can involve words, pictures (sometimes called “nudes”), and videos. (source) See also “Online sexual abuse or misconduct.

    Sex trafficking: Modern-day form of slavery in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act is under the age of 18 years. Trafficking does not have to involve the transport of an individual, it can occur within a community or even within a school. (source)

    Sexual abuse: Unwanted sexual activity, with perpetrators using force, making threats, or taking advantage of victims not able to give consent(source)

    Sexual assault: “The term sexual assault refers to sexual contact or behavior that occurs without the explicit consent of the victim. Some forms of sexual assault include but are not limited to:”(source)

    Sexual assault can affect people of all genders, sexual orientations, races, ethnicities, abilities, and ages.

    Sexual coercion: Unwanted sexual activity that happens after being pressured in nonphysical ways. Anyone, including family members, strangers, friends, and dates can use coercion. Consent cannot be given under coercion. Some examples of sexual coercion include, but are not limited to:(source)

    Sexual exploitation: “An act or acts committed through non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other non-legitimate purpose.”(source) Some examples of sexual exploitation include but are not limited to:

    Sexual harassment: A form of sex discrimination that involves any unwelcome conduct, physical or verbal, of a sexual nature, including acts of misconduct based on gender identity or sexual orientation. This can include but is not limited to:(source)

    Sexual misconduct: “A broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different gender.”(source) Similar to the term “sexual violence.” At Learning Courage, we use “sexual misconduct and/or abuse” to recognize the range in severity of harm. 

    Sexual violence: An all-encompassing umbrella term referring to crimes such as sexual assault, rape, or harassment. (source) 

    Stalking: Involves repeated victimization of the targeted individual, this can be criminal as well as non-criminal behavior targeted towards an individual. Some examples of stalking include but are not limited to:(source)

    Statutory rape: Sexual intercourse with an individual under the legal age of consent; this age varies by state(source). See “Age of consent.”

    Survivor: Someone who has, or is, going through the process of recovery after being affected by sexual violence. (source) At Learning Courage, we often use “victim” and “survivor” together to acknowledge that some people prefer one over the other. We believe that “survivor” is more empowering for the individual who has been harmed.

    Title IX: Title IX is a federal civil rights law that states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”(source) 

    Title IX guidance requires every educational institution receiving federal funding to have a Title IX Coordinator, who ensures that the school is meeting Title IX regulations. For more information, see “Title IX Information.”

    Trauma: A psychological, emotional response to an event or an experience that is deeply distressing or disturbing. Trauma can occur after a person has experienced an event that threatened their security or life. A person who has experienced trauma may experience anxiety, confusing emotions, and/or feel disconnected from others. (source)

    Trauma-informed care: Recognizing that the person may have experienced trauma (including physical, sexual, and/or emotional abuse) and responding with empathy and compassion towards that person while providing care or support. This can help to avoid unintentional retraumatization and better help the person in their healing process. (source) See “Retraumatization.”

    Trusted adult: An adult who young people and children may go to for help and support.  These individuals serve a critical role in supporting students through challenging circumstances.  However, there may be a difference between an adult who is trusted and an adult who is trained in how to respond appropriately.  This is one of the main reasons why Learning Courage advocates for those most likely to receive reports be appropriately trained and all others to receive at least a baseline of training in trauma response and mandated reporting.  

    Victim: Someone who has recently been affected by sexual violence. According to the “RAINN” website, the terms “victim” and “survivor” are often both applicable to a person. “Victim” is used more “when discussing a particular crime or when referring to aspects of the criminal justice system.” If it’s unclear whether someone should be referred to as a victim or a survivor, often the best thing to do is to ask for their preference.  At Learning Courage, we use “survivor” more than “victim” because we believe it’s more empowering for the individual.  We also use “victim/survivor” when referring to the criminal justice system.  

    Voice: Often used in the context of loss, as in having lost one’s voice for self-advocacy and an overall loss of individual power. This translates beyond intimate and sexual relationships and can have a lifelong impact on those who have been victimized.  The loss of voice in the context of sexual abuse typically refers to the figurative loss of voice rather than actually being unable to speak.  However, the freeze response that some who are assaulted experience may also feel incapacitated and unable to speak at the time.

    Voyeurism: Observing an unsuspecting person while they undress, are naked, or engage in sexual activities while that person has a reasonable expectation of privacy. 

    Twelve states specifically outline penalties for voyeurism. See here for more information.

    Sources

    RAINN: RAINN | The nation's largest anti-sexual violence organization

    Information about Trauma-informed care: What is Trauma-Informed Care? - University at Buffalo School of Social Work

    Information about Trauma: What is Trauma

    Stalking information: Definition of Stalking — Judicial Education Center

    Sexual exploitation information: What is Sexual Exploitation? :: SHARE

    Workplace harassment: Harassment | US Equal Employment Opportunity Commission

    National Center Against Bullying: Definition Of Bullying

    Restorative Justice

    Restorative justice (RJ) is “a theory of justice that emphasizes repairing the harm caused by criminal behavior.” [RestorativeJustice.org] This includes the rehabilitation of the perpetrator and reconciliation between the victim/community and the offender. Restorative justice measures can be used to resolve conflicts and strengthen communities. RJ practices have been used in some cultures for generations and perhaps most notably was used in South Africa to resolve and heal from many of the human rights atrocities that occurred during Apartheid. 

    When used in schools, RJ responses classify misbehaviors as “harms done to a community” and focuses on conflict resolution. This approach can be used as an alternative or supportive means to address harms and reduce expulsions and suspensions in a school. Another benefit of using RJ practices in schools is that it creates a community in which students learn to take responsibility for their actions as well as openly share their experiences. By doing this, students can strengthen skills in empathy and listening as well as form bonds within their school community.

    At Learning Courage, we recognize the power and potential of restorative justice in the cases of sexual misconduct or abuse because it can be an opportunity for survivors and communities to heal after an incident.  And we know that RJ practices have been used effectively in certain situations. It is important to note, however, that certain basic principles and guidelines need to be in place before restorative justice can be used. See “When are restorative justice measures appropriate for sexual misconduct or abuse?”

    How does restorative justice work?

    Restorative justice is a type of criminal justice system in which community safety and accountability are prioritized. This system requires offenders to take accountability for their actions and commit to corrective actions. The process includes a facilitated dialogue between the offender and the victim/community designed to recognize harm and establish accountability, provide a way to apologize, and to ask for forgiveness for the harm caused. The objective is to create awareness, to stimulate empathy by allowing the perpetrator to recognize the harm they have done, and to support healing and empowerment for the harmed parties. Restorative justice measures can be used for current or historical crimes. It does not have to entail forgiveness towards the offender - rather it facilitates a discussion meant to empower the survivor and allow for healing in the community. 

    “What’s fundamental about restorative justice (practices) is a shift away from thinking about laws being broken, who broke the law, and how we punish the people who broke the laws. There’s a shift to: there was harm caused, or there’s disagreement or dispute, there’s conflict, and how do we repair the harm, address the conflict, meet the needs, so that relationships and community can be repaired and restored. It’s a different orientation. It is a shift.” 

    Cheryl Graves-Community Justice for Youth Institute

    How restorative justice has been used for truth and reconciliation

    The South African Truth and Reconciliation Commission is one striking example of how restorative justice can be used to address harms caused in a community. This commission used restorative justice measures to address the human rights abuses committed during the Apartheid. Victims were invited to speak about their experiences and the human rights abuses they faced. People responsible for harm spoke about the harms they committed and could request amnesty. [source] This allowed the nation to create a record of its Apartheid history, providing validation to victims and their families. Although this commission was only the start of South Africa’s reconciliation process, it still serves as a standard for how institutions can begin to repair harms in a community.

    Restorative Justice Results in Schools

    The Oakland Unified district, with its own widespread use of RJ, presented a report to the U.S Department of Education where they found that 88% of teachers reported restorative justice practices to be helpful in managing student behaviors in the classroom. The district also found that suspensions declined significantly, especially in the case of, “students suspended for disruption/willful defiance, down from 1,050 to 630, a decrease of 40% or 420 fewer suspensions in only one year.”[source] They found that schools employing restorative justice measures had an increase of 60% in four-year graduation rates, compared to a 7% increase for non-restorative justice schools. Today, the Oakland Unified school district has a restorative justice initiative that involves training and support for 40 restorative justice sites in the district. 

    In 2014, the San Diego Unified school district created a restorative justice district, training over 1,000 district staff in restorative justice practices. In 2017, they established a restorative justice department. They contract with the National Conflict Resolution Center for training and support. After only a year, the district reported a 60% decrease in expulsions as well as a reduction in drug-related calls.

    Restorative Justice and Title IX

    The Department of Education Title IX Final Rule allows for “informal resolutions” to be used in the cases of Title IX violations. This excludes cases where there is a power differential, such as a member of the faculty sexually harassing a student. After an incident of sexual misconduct or abuse, the survivor meets with the Title IX coordinator to discuss their options. “This includes the option to pursue a claim on-campus or criminally, to drop the complaint, or to request a restorative justice resolution.”[source] See Learning Courage’s section on “Title IX Information” for more information.

    How can restorative justice be implemented in classrooms?

    Restorative justice measures can be used in schools to facilitate a positive school climate as well as support student success. Building a community on the principles of restorative justice involves the use of community building circles, or dialogue circles. These circles are designed to help build a community together, allow members to share their thoughts, and commit to shared values and guidelines. These circles also allow members to learn to communicate respectfully with one another and voice honest feedback to facilitate healing. The topics of these discussions can include, but are not limited to, discussions about bullying, hazing, or other harms done to the community. Circles can be used on a regular basis as “check-ins” as well as for celebratory or grieving processes. Implementing these RJ practices can allow your school to create a community based on empathy and communication, allowing your students to better succeed in a positive school climate.

    Here’s an example of how one school found success: Using Dialogue Circles to Support Classroom Management 

    When are restorative justice measures appropriate for sexual misconduct or abuse?

    Restorative justice measures can allow a survivor to reclaim power in their healing process. However, these measures are not always the right approach. On some campuses, repeat offenders are not allowed to participate in restorative justice measures. These measures should only be put into place with the consent of a survivor as well as the consent of the offender. Restorative justice measures rely on four principles:

    1. The measures must ensure a space for inclusive decision-making. The survivor, offender, and community members must be given a voice to express the harms that have been done and share their experiences. 
    2. The offender must be willing to accept responsibility for the harms their actions caused.
    3. The offender must take action to repair the harm that they are responsible for.
    4. The offender must take responsibility for rebuilding trust.

    A trained facilitator, who may determine if restorative justice measures are appropriate, is needed for these measures. Restorative justice measures can also be used in classrooms to address the harm that has been done to the community.

    Survivors of sexual abuse may pursue restorative justice for some of the following reasons: [source]

    How can restorative justice measures be implemented to address sexual misconduct or abuse?

    Additional measures are put in place to address sexual misconduct or abuse. In these cases, a subsection of the harmed population participates. These discussions include reviewing the harm that took place as well as how further harm can be avoided. 

    Typically, for using restorative justice in the case of sexual misconduct or abuse, there are three phases. 

    1. In the first phase, the person responsible for the harm and the survivor meet separately with a facilitator. The survivor may write their story in their own words for the person responsible for harm to read. 
    2. In the second phase, the person responsible for the harm and the survivor will meet with a RJ coordinator present. Other supporting members of the survivor and person responsible for harm may also be present in these discussions. These discussions are meant to facilitate a dialogue about the incident and the harms that were caused as well as what can be done to avoid future harms. Restorative justice measures are not meant to excuse the behavior of the person responsible for harm, but rather allow for an explanation and path towards healing. The offender commits to corrective actions. These measures are intended to empower survivors as well as allow the person responsible for harm to have an opportunity to take responsibility for their actions.
    3. In the third phase, the facilitator checks in with the person responsible for the harm and the survivor to ensure that any promises made are fulfilled.

    It is important to note that restorative justice measures do not advocate that the offender go unpunished but rather that a meaningful discussion takes place so that measures to avoid future harm can be undertaken. It is important to note, using RJ is a separate process from investigations and any consequences that come from findings and should not be viewed as a replacement for them.  

    How can your school begin implementing restorative justice practices?

    Your school can work to implement restorative justice measures by forming a restorative justice team. This team can consist of 4-6 individuals, including a restorative justice facilitator who must be trained in RJ facilitation. Other individuals on the restorative justice team can include clinicians, counselors, teachers, and administrators. [source] Those trained can also lead training and other school-wide initiatives to implement restorative justice measures. Teachers can be trained to implement tier 1 of restorative justice practices which involves the use of dialogue circles in classrooms as well as trained to address students’ misbehaviors and concerns using restorative justice measures.

    When searching for a restorative justice facilitator, consider candidates who have:

    Alternatively, if your school has decided to instead train current faculty in restorative justice practices, Learning Courage is happy to share vetted resources with member schools.  

    Below is a diagram that gives you some insight into how Restorative Justice can be used in schools. It outlines who is involved and what kinds of situations these groups respond to best. 

    Investigations and Responding Practices

    Incidents of existing student-on-student sexual misconduct and abuse can be incredibly difficult for any school community to handle. In many instances, there are strong emotions, conflicting accounts, confidentiality constraints, and important relationships where there is a great deal at stake. Physically and emotionally caring for the individuals involved during these moments is essential and often has to be done in concert with caring for the school and school community as well.  In addition, there is an added challenge of maintaining privacy for those involved who are minors.

    Investigation and Response Protocols

    When dealing with investigating and responding to student-on-student sexual assault and abuse, it is important to support the emotional and physical wellbeing of the students while complying with laws, protecting privacy, and preserving evidence. All of this requires that you have a pre-established investigation and response protocol that is survivor-centric and trauma-informed. And these protocols must be followed. 

    To facilitate transparency, your investigations and responding protocols should be easy to find. These protocols should be included in your Sexual Misconduct Policy, the Employee and Student Handbooks, and your website. This information should also be included in your employee training so everyone on staff understands the details of the policy and the commitment to adhering to them so they can best help students.

    There is variation between schools on the level of specificity when establishing and discussing investigation and response procedures. Regardless of the level of detail your school chooses to establish or disclose, your school must follow your documented protocols. To ensure this happens, we recommend that you form a specific committee, possibly called a response team, that is responsible for investigating and responding to reports of sexual misconduct and abuse. Members of this team should be trained and familiar with the protocols so that they are ready to respond promptly and consistently. For more specifics on the roles and compositions of response teams, see Learning Courage’s page on “School and Board Leadership.”

    1. Before Investigating
    1. Investigations
    1. Disciplinary Process
    1. After the Disciplinary Process

    Different Types of Investigations and Considerations

    Depending on the type of report, your school will need to have an investigation and response protocol. Consider the following:

    Common Steps Toward Healing

    Keeping your school and your students safe is a critical aspect of running a school. In the case of sexual misconduct and abuse, we also know that caring for those involved in any alleged misconduct leads to the best outcomes for all parties. 

    Using survivor-centered practices outlined here typically reduce the amount of time required to process incidents, thereby reducing the costs of expensive outside professionals and often reducing or eliminating payments to survivors.  Because when survivors are treated with dignity, when their suffering is validated, and when they observe transparency and a desire to help them heal, they are much less likely to exert control in other ways such as seeking legal and financial retribution.

    It is important to note that there are 5 elements necessary for a survivor-centered approach to healing.  When those who have been harmed observe and experience these, they can heal more effectively.  They are as follows:

    Once an investigation has been carried out and the findings of that investigation have been shared with the community, the very difficult task of learning and healing from the findings begins. Your school has a responsibility both to the community and the survivors of historic misconduct and abuse.

    Every survivor of sexual abuse is different, and it would be nearly impossible to develop a single blanket approach that would meet the needs of every survivor. However, there are five main things every survivor needs in order to start healing:

    1. Apology: A sincere apology should be issued on behalf of your school to the survivor.
    2. Validation: Your school, as an institution, should validate the experience of the survivor. The validation should be included both in the apology to the survivor and in the publishing of the findings of the investigation, if it is published. (See “Who will communicate the findings of the Committee" above.)
    3. Recognition of Harm: In addition to validating the account of the survivor, your school should explicitly acknowledge the harm the survivor suffered as a result of the misconduct or abuse.
    4. Demonstrated willingness to support healing: Consider what your school is able to provide.  The most obvious action to offer is reimbursement for therapy.  We recognize that your school may have to establish some limitations for those wanting to accept therapeutic reimbursement.  It’s important to recognize that any restriction will be viewed by survivors with skepticism and be seen as the school not being willing to take full responsibility for the harm caused. So, the fewer restrictions, the better. Another way to support survivor healing is to provide a third-party that can help the survivor locate an appropriate therapist. Also, if both the survivor wishes and the perpetrator is willing to apologize and accept responsibility for their past actions, a Restorative Justice approach may be implemented.
    5. Demonstrated commitment to prevent future harm: After a survivor comes forward, they need to know that they were heard and taken seriously. Your school can do this by learning from survivors’ experiences and putting measures in place to help prevent similar incidents of sexual misconduct and abuse from happening in the future. Make plans with specific goals and timelines. Following through with your plans and informing the survivor about these plans to reduce harm for others is an important step in demonstrating your commitment to reducing future harm.  It also helps rebuild trust between the survivor and your school.

    These five things should be put into action by your school regardless of whether the individual perpetrator is willing to apologize and accept responsibility for their actions. It is also important to know that healing is a process and it is likely that survivors might need or want different things depending on their stage of healing. For more information, see Learning Courage’s “Commitment to Student Safety and Well-being.” For specific ways your school can support survivors, see “Supportive Services for Alumni” on Learning Courage’s “Supportive Services” page.

    Prevention and Training

    Training and educating your school’s community is critical to reducing instances of sexual misconduct and abuse and to create a culture of care and respect. We recommend that your school assign a specific individual or even a committee of faculty members to plan and oversee training throughout the school year. Your school should determine a set format and frequency for training and follow that closely. Ideally, your school should also establish annual goals for training and prevention before each school year begins. 

    Training should include a mixture of presentation and interaction. The presentation may only happen once a year, but the interaction or discussion should be ongoing throughout the year to solidify the learning and create more comfort with discussion on a topic that some can find challenging to discuss. We suggest that content be updated annually to ensure that it contains the most recent and accurate information that will keep students informed and engaged in understanding how to maintain safe behaviors and protect the community.  It is important that the training on topics that are delivered annually vary each time they are conducted so students and adults stay engaged. We recommend a three-four year cycle. 

    Insurance providers and training professionals, including Learning Courage, can help you identify topics to cover and ways to differentiate the training over time so the content remains fresh while reinforcing the standards that must be maintained.

    Employee and student training must be mandatory. And those who participate on a committee or are directly involved with responding to resorts of sexual abuse should receive trauma-informed and survivor-centric training to ensure they minimize additional trauma.

    As you plan your training, make sure to check both with your insurance company for their recommendations and your state for requirements on sexual harassment training. In addition, this section contains our recommendations for organizing and conducting employee, student, and parent training to prevent sexual misconduct and abuse in K-12 schools.

    Employee Training

    Minimizing incidents requires equipping everyone in the community with information and tools to help them recognize misconduct and abuse, contribute to a positive school climate, and maintain healthy and professional relationships. To do this effectively, provide regular training and discussion and employ different training modalities to ensure the content remains fresh and employees have multiple ways to understand critical content. Also, keep in mind that those directly involved in responding to reports of abuse must receive specialized training in the areas of trauma and survivor resilience. 

    The following topics should be included in employee training:

    Student Training

    Students must be equipped with tools and information to keep themselves and their peers safe. The content and format of training will vary depending on the age of students, and it is important to make sure that all content is age-appropriate. Some of the following topics apply only to older students. Training for students should generally cover these topics:

    Board Training

    Board members may be involved in supporting school leadership when incidents of abuse and misconduct occur.  It’s therefore essential that all Board members understand the logic behind using a survivor-informed approach to responding to reports of abuse.  Particularly, recognizing that using a trauma-informed lens and survivor-informed approach is not just the best approach morally, it’s also the most financially-responsible way to handle incidents.  

    We also know that when Heads of School and Boards are aligned on this approach, incidents require less time, professional advice, and survivor remuneration.  Learning Courage recommends that Heads of School and Board Chairs (and any related committees) should be properly trained. 

    Parent and Guardian Training

    We recommend that your school offer optional training and informational sessions to parents and guardians. Parent/guardian training is useful for many reasons. It can help parents/guardians understand risks and the ways they can help keep their kids safe. Training also serves as an opportunity to educate parents/guardians about your school’s expectations for students and approach to student safety. It can be an opportunity to open dialogue between parents/guardians and children, particularly if the training is coordinated. Lastly, training sessions can serve to support parents/guardians as they navigate how to care for children in these complex times—this includes how to parent in this technologically advanced era, strategies and tips for communicating with children and teens, etc. These training sessions should include information about:

    Finding the Right Trainers

    It is crucial that those conducting training sessions are qualified and experienced. Learning Courage provides training and we encourage you to ask your member representative for help identifying trainers that meet your needs.

    Title IX Information

    Since 1972, Title IX has served as an important piece of legislation that guides how educational institutions respond to and seek to prevent discrimination “on the basis of sex,” including sexual misconduct and abuse (see note below). The U.S. Department of Education's Office for Civil Rights (OCR), which enforces Title IX, releases updated guidelines and policies that are used to review and enforce Title IX complaints and regulations with which schools must comply. The most recent regulations fall under the Final Rule, which the Department of Education (ED) announced in May 2020 and released in August 2020. 

    Although Title IX only applies legally to institutions receiving federal funding, the guidelines and regulations set forth by the Department of Education can serve as useful guides for any school seeking to develop effective and just practices when handling instances of sexual misconduct and abuse. This document summarizes relevant guidelines and regulations provided by ED under Title IX and also includes recommendations from Learning Courage. At the bottom of each section, we have included “Our Observations and Recommendations” on the various guidelines and how they might best apply to your school regardless of whether you receive federal funding. 

    Note: There are instances in this document when we refer to discrimination “on the basis of sex,” which is language taken directly from the Title IX statute. We recognize that this is outdated language meant to refer to gender-based discrimination and sexual violence. Because the legislation continues to use this language, we have included it here, but in quotation marks. We believe that using “gender-based” as a replacement for “on the basis of sex” is more current and inclusive terminology, so we recommend using that and use that in our work.

    Summary of our Observations and Recommendations

    We at Learning Courage believe that it is important for all K-12 schools to be familiar with Title IX regulations. While schools that receive federal funding must abide by all Title IX regulations, we also believe that schools that do not receive federal funding can use the regulations to, in part, guide approaches to resolving and reducing sexual misconduct and abuse. In addition to consulting Title IX, it’s also important that your school consult and abide by all other federal and state requirements. We have compiled the following list of our observations and recommendations about Title IX for schools that do not receive federal funding. 

    Coordinator: Your school should appoint a coordinator, often called a “Wellness Coordinator,” wherever possible. The Wellness Coordinator’s role is similar to that of the Title IX Coordinator in schools that receive funding (duties can include receiving reports of sexual misconduct and abuse, coordinating the investigation and disciplinary processes, reporting incidents to DCF and law enforcement, etc.)

    Rationale: It is important and beneficial to create an obvious point of contact for everyone in the community to go to for information and reporting incidents. It also sends a strong statement to the community that your school prioritizes student health and safety. This person can also assist in evaluating policies, procedures, programming, curriculum, and training related to this topic.

    Definitions: Your school should provide definitions of sexual abuse, sexual harassment, and other prohibited conduct and communicate those definitions clearly and in a variety of ways to the community throughout the year.

    Rationale: This reinforces your school’s commitment to student safety and clarity of communication. It accommodates different learning styles by communicating in a variety of ways and provides a consistent and clear message throughout the school year by communicating definitions frequently and agreeing on what they mean.

    Terms: Your school should use the terms “responding party” and “reporting party,” respectively, instead of “respondent” and “complainant.”

    Rationale: It is better to use more neutral and less legal language. (See the section on “Other Important Terms Used in Title IX Documents” for a more in-depth explanation of this language.)

    Laws: Your school should check and comply with all state and federal laws concerning mandatory reporting, consent, etc. and inform the community about who the mandatory reporters are, what ages of consent are, and more.

    Rationale: Clear guidelines help protect your students’ safety and ensure compliance with legal requirements.

    Notice of nondiscrimination: Your school should write and disseminate a notice of nondiscrimination, which expressly states that the school does not tolerate gender-based discrimination or sexual violence. This notice should be part of your student handbook and policies and procedures at a minimum.  It doesn’t need to be a separate statement from the general statement you have, but take care to update this regularly to ensure it is inclusive to any changes that have occurred in the types of discrimination that can impact physical and emotional safety.

    Rationale: This underscores your school’s commitment to protecting all members of the community and provides legal protection.

    Grievance Procedure: Your school should write a clear and thorough grievance procedure to establish standards for the allegation, investigation, and disciplinary processes. You should prominently display this procedure in your student handbook and on websites and follow it closely.

    Rationale: This provides clarity and awareness for everyone in the community about the process and helps your school follow clearly outlined steps when you are in the midst of a complex and demanding situation.

    Prompt, Survivor-Centric Response: Your school should respond to any allegations of sexual misconduct or abuse in a prompt and respectful way and should consider the wishes of the reporting party with regard to how the school responds and investigates the allegations, while also following legal and moral requirements. We also believe your approach should be survivor-centric and trauma-informed.

    Rationale: This helps avoid deepening the harm that a reporting party may experience, which can happen by reporting something that they do not want reported. You must also take legal requirements into account and consult your legal counsel to obtain advice concerning any particular legal matter.

    Advocates for Reporting and Responding Parties: Ensure that reporting and responding parties have a trained advisor or advocate to help guide them through the process and offer support.

    Rationale: It is important for both the reporting and responding parties to have support and guidance as they navigate the challenging process of investigations. While historically, it is more common to support the reporting party (which is essential), we believe that responding parties need support as well.

    Student Involvement in Disciplinary Committee: Students should be excluded from serving on disciplinary committees when dealing with hearings for sexual misconduct or abuse.

    Rationale: Cases like this require training, sensitivity, and high degrees of confidentiality. Not having students on these disciplinary hearings, helps preserve both confidentiality and professionalism. 

    Training for Discipline Committee: Members of the discipline committee who conduct hearings should be trained on sexual trauma and its potential impacts on memory and behavior, among other things.

    Rationale: Understanding how trauma impacts the brain is important so as to avoid misinterpreting survivor behavior, including changes in memory, recollections, and timeline. It will also help promote a survivor-centric, trauma-informed response, ideally reducing unintended harm to those involved.

    Preponderance of Evidence Standard: Your school should use the “preponderance of evidence standard” over the “clear and convincing standard” of evidence. The “preponderance of evidence standard” is easier to meet and is less rigorous than the “clear and convincing standard.”

    Rationale: Doing this increases the likelihood that reporting parties will be taken seriously and will therefore lead to more integrity in the reporting process. It can also serve to reduce barriers to having a more accurate finding for the reporting party.

    Appeals Process: Your school should articulate an appeal process if you have one. When determining your appeals processes, you might want to consider the differences between current and historic abuse.  You should also be clear about the reasons you may consider an appeal such as new or previously undisclosed evidence.  Appeals should not be allowed simply because someone didn’t agree with the outcome. 

    Rationale: Providing clarity to the community regarding the appeals process and potential differences based on whether abuse is current or historic is important to avoid confusion and build community.

    Restorative Justice: Your school should offer and facilitate an informal resolution process, such as restorative justice, if both parties give explicit and informed consent. Informal resolution should not occur in instances when an employee has sexually abused a student. The adult who leads the informal resolution process must be trained and qualified.  Note that using a restorative justice approach does not replace the normal investigation and discipline committee process.

    Rationale: This step can promote resolution and healing while supporting survivors.

    Retaliation: You should expressly prohibit retaliation of any kind in circumstances of reporting sexual misconduct or abuse.  This should be specifically identified in the Student and Employee Handbooks.

    Rationale: It is essential to prohibit retaliation, which is something we believe should be standard in student and employee handbooks to create a safe community.

    What is Title IX?

    Title IX is a federal civil rights law passed as part of the Education Amendments of 1972.  All schools receiving any form of federal aid must comply with Title IX regulations. This comprehensive federal law prohibits gender-based discrimination and sexual harassment and abuse. Title IX states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” [Title Ix Of The Education Amendments Of 1972 | CRT] Under Title IX, survivors of sexual violence can legally hold their schools accountable for keeping them safe. For many years, the application of Title IX was more focused on gender-based discrimination, successfully arguing for more balanced funding for female sports teams.  In more recent years, the law has been applied to rules that secure student safety from sexual harassment and abuse.

    Recent Changes to Title IX 

    On May 6, 2020, the Department of Education published the long-awaited Final Rule implementing new Title IX regulations. All schools subject to Title IX compliance are required to adapt to these changes in the Final Rule by August 14, 2020. Since the Final Rule was published, many critics have spoken out against the new regulations. Attorneys General from 18 states have sued the Department of Education in an attempt to block the Final Rule from becoming effective and the ACLU has a pending lawsuit challenging the regulations. You can read more about the Final Rule on the Department of Education’s website here

    Implications of the Recent Changes to Title IX

    We at Learning Courage also recognize various faults and limitations of the Final Rule. While we believe that many Title IX regulations may be useful and effective when implemented, we believe that some of the new regulations of the Final Rule will have real implications for survivors in K-12 schools. While we don’t yet know how exactly all of these changes will affect survivors and school in practice, as a survivor-focused organization we do not agree with any policy that has the potential to discourage survivors from reporting or is not supportive of survivors. For example, one of the new Final Rule policies requires schools to give the reporting and responding parties the opportunity to ask questions of any party or witness and to provide each party with answers. We believe that this requirement (essentially allowing parties to interrogate each other) could negatively affect survivors’ willingness to report, which is detrimental to survivors and therefore should be not considered a best practice.  Due process is critical, but it needs to be done in ways that don’t suppress reporting from those who have been victimized.   

    Who enforces Title IX? 

    The Office of Civil Rights (OCR) of the U.S. Department of Education enforces Title IX. OCR has the authority to develop policy on the regulations it enforces. While Title IX is a very short statute, Supreme Court decisions and guidance from OCR have given it a broad scope covering sexual harassment and sexual violence. Schools receiving federal funding must look to guidance materials from the U.S. Department of Education, which outlines policies on the regulations that it enforces under Title IX. [Title IX - Know Your Rights

    Who does Title IX apply to?

    Title IX covers all the educational programs or activities offered by an institution receiving federal funding.  The intent of Title IX is good and appropriate, and we believe all schools should meet or exceed those requirements.  In many cases, this does not apply to independent schools. However, you should check to make sure your school is not subject to Title IX because there are some tracking and reporting requirements that may not be part of your current practices. For example, if your school has received federal funds through the Payroll Protection Program (“PPP”) or as an Economic Injury Disaster Loan (“EIDL”), it may trigger compliance requirements. [FFA and the SBA: Implications for Independent Schools Accepting Federal Financial Assistance | Thought Leadership]

    What is a Title IX Coordinator?

    Under Title IX regulations every educational institution receiving federal funding must designate at least one employee to serve as its Title IX coordinator. The Title IX Coordinator ensures schools are compliant with the regulations, coordinates the investigation and disciplinary process, and looks for patterns or systematic problems with compliance to ensure schools fulfill all their federal obligations. [Title IX - Know Your Rights]  A school needs to ensure its educational community knows how to report to the Title IX Coordinator. This includes notifying students, employees, applicants for admission and employment, parents or legal guardians, and all unions of the name, office address, email address, and telephone number of the Title IX Coordinator. This contact information should also be prominently displayed on schools’ websites. Any person can report sexual misconduct or abuse to the Coordinator at any time. 

    Our Observations and Recommendations

    If your school does not receive federal funding, it is still useful to appoint a coordinator whose explicit role is to receive and handle reports of sexual misconduct and abuse and to coordinate the investigation and disciplinary processes that follow. It should also be this person’s job to look for individual patterns or systemic problems of abuse in the school in order to ensure the safety of all students and reduce instances of abuse. Many independent institutions call this role the “Wellness Coordinator” as opposed to the “Title IX Coordinator.” We at Learning Courage recommend that all schools clearly state on their websites that students can report abuse to the person serving in this role and include this coordinator’s contact information.

    How does Title IX apply to instances of sexual misconduct and abuse?

    The following is a summary of information on guidelines and regulations provided by the Department of Education under Title IX.

    Definition of Sexual Harassment Under Title IX

    The Final Rule of Title IX defines sexual harassment broadly to include these three types of misconduct “on the basis of sex”:

    Our Observations and Recommendations

    If your school does not receive federal funding, it is still important for administrators, faculty, and students to understand what constitutes sexual harassment, misconduct, and abuse. The definitions provided under Title IX may serve as useful guides for your school to develop your own definitions, which should then be communicated clearly to the community. We believe that, in addition to providing definitions for sexual harassment, sexual abuse, and other prohibited conduct, schools should also provide definitions for and educate/train students about “consent” and other relevant topics. (See Learning Courage’s page on “Definition of Terms” for more information.)

    Other Important Terms Used in Title IX Documents

    Our Observations and Recommendations

    We at Learning Courage recognize faults in some of the language above that is used in Title IX documents. Specifically, we believe that the term “complainant” wrongly carries a pejorative tone. No victim of sexual misconduct or abuse should ever be blamed or looked down upon for coming forward. Furthermore, no victim who chooses to report abuse is ever “complaining,” but rather taking a brave step to speak up against the perpetrator. So, we recommend using the term “reporting party” instead of “complainant.” Likewise, we recommend using the term “responding party” instead of “respondent.” For these reasons, in the following sections, we place quotation marks around “complainant” and “respondent.” We believe that “formal complaint” and “supportive measures” are appropriate terms, which many schools already use. 

    When a School Must Act & Mandated Reporting

    Under the Final Rule of Title IX, K-12 schools receiving funding must respond whenever any employee has notice of sexual harassment, including allegations of sexual harassment. In other words, all school employees must now be considered “mandatory reporters.” Many State laws also require all K-12 employees to be mandatory reporters of child abuse. For schools receiving federal funding, notice to a Title IX Coordinator, or to an official with authority to institute corrective measures on the recipient's behalf, charges a school with actual knowledge and triggers the school's response obligations.

    Our Observations and Recommendations

    For institutions that receive federal funding, all employees must be mandatory reporters, and schools that do not receive funding should check state laws regarding mandated reporting and ensure that members of the community are aware of mandated reporting laws and adhere to them.  At a minimum, we recommend that every school have a dedicated mandatory reporter, regardless of whether all adults are legally considered mandatory reporters.  This ensures that there is at least one person at your school whose job it is to report incidents.  

    Notice of Nondiscrimination

    Under Title IX, schools must disseminate a notice of nondiscrimination. The U.S. Department of Education recommends that schools: (1) Publish this policy online and have it available in print across campus so that school members may understand its purpose and utility and (2) Include enough detail in the policy so that members of the community can realize sexual harassment and sexual violence are prohibited forms of discrimination.

    Our Observations and Recommendations

    We recommend that all schools, including those that do not receive federal funding, write and publish explicit and detailed policies against gender-based discrimination, including sexual misconduct and abuse. These policies should be both easy to access and displayed on schools’ websites and in student and employee handbooks.

    Grievance Procedure

    Under Title IX, schools are required to adopt and publish a grievance procedure outlining the complaint, investigation, and disciplinary processes used for resolving formal complaints of sexual misconduct and abuse. According to guidance by ED, the grievance procedure should be consistent and transparent. The following is a summary of other requirements prescribed by ED for grievance procedures. Grievance procedures must:

    Our Observations and Recommendations

    We recommend that your school adopt a grievance procedure in order to establish standards for the allegation, investigation, and disciplinary processes. To summarize, a grievance procedure should require an objective, unbiased, and fair approach to investigating allegations and resolving formal complaints of misconduct and abuse. The procedure should be outlined clearly and thoroughly, and it must be followed consistently. An examination of ED’s requirements may provide a solid starting point for crafting a grievance procedure.

    Schools’ Mandatory Response Obligations

    The Final Rule provides several response obligations that schools must fulfill. The following is a summary of those obligations. 

    Our Observations and Recommendations

    We believe that all schools, regardless of Title IX status, should respond to any allegations of sexual misconduct or abuse in a prompt and respectful way. This includes communicating openly and understandingly with both the reporting and responding parties and ensuring that they are aware of their options relating to investigations and available support. The wishes of the reporting party/victim should be taken into consideration to the extent that the law allows.

    Investigations

    The Final Rule states that, to comply with Title IX, schools receiving federal support must investigate the allegations in any formal “complaint” and send written notice to both parties (“complainants” and “respondents”) of the allegations. For these schools, the following statements are true during the grievance process and when investigating:

    Our Observations and Recommendations

    Investigations can differ between current and historic incidents and we recognize the importance of having a strong process in place for both.  We suggest that the reporting and responding parties involved have a trained support person to help navigate the emotionally-challenging process throughout the investigation. Although schools that do not receive federal funding are not required to follow the above regulations regarding investigations, we at Learning Courage believe that they are nevertheless important to consider. (See Learning Courage’s pages on “Investigations and Responding Practices” and “Historic Misconduct and Abuse” for more information.)

    Hearings

    Under Title IX, recipients of federal funding that are K-12 schools may, but need not, have a hearing as part of their grievance process.

    Our Observations and Recommendations

    We would like to emphasize that, when conducting hearings, your school should prioritize the privacy of both parties involved. While some independent schools have a discipline committee that handles hearings for allegations of sexual misconduct and abuse, students should not serve on this committee when it is handling hearings specifically pertaining to sexual misconduct, in order to ensure privacy and professionalism. It is also important that the adults serving on your committee receive training in sexual trauma. Specifically, committee members should understand the impacts that sexual trauma has on survivors and how that trauma can potentially alter or impair survivors’ memories of the sexual abuse that occurred, through no fault of their own. We also recommend that both reporting and responding parties should have the opportunity to submit a written statement of the events, along with any supporting evidence they feel is important in determining the result and response to the investigation.

    Standard of Evidence and Written Determination

    The Final Rule requires the school’s grievance process to state the standard of evidence that is used to determine responsibility.  This standard of evidence must be applied consistently for all formal “complaints” of sexual harassment whether the respondent is a student or an employee (including a faculty member). The Rule also specifies requirements for written determinations.

    Our Observations and Recommendations

    We, at Learning Courage, believe that any process that discourages reporting or revictimizes a reporting party must be carefully reconsidered.  Furthermore, we believe that applying the preponderance of evidence standard is more appropriate than the clear and convincing standard because there is often conflicting information and a lack of hard evidence in most of these cases. Applying a more rigorous standard will result in fewer findings, which will also discourage reporting. The more rigorous standard will also serve to reinforce the cultural norms around power dynamics and potentially create more unintended harm for those involved.  Reporting parties must feel like their case has a good chance of being decided on its merits rather than decided because the certainty of guilt is lacking.  As you consider which standard to apply, you should consult your attorney to understand the implications.  

    Appeals

    The Final Rule states that a school receiving funding must offer both parties the chance to appeal a determination regarding responsibility or a school’s dismissal of a formal complaint or allegations on the following bases: procedural irregularity that affected the outcome of the matter, newly discovered evidence that could affect the outcome of the matter, and/or Title IX personnel had a conflict of interest or bias, that affected the outcome of the matter.

    Our Observations and Recommendations

    We recommend that your school, regardless of receiving federal aid, articulate if you have an appeal process and state what it is. Many schools have appeals processes that differ depending on if the sexual misconduct or abuse is current or historic, which is an important distinction to consider. (See Learning Courage’s page on “Historic Misconduct and Abuse” for more information.)

    Informal Resolution

    The Final Rule allows a school, in its discretion, to offer and facilitate informal resolution options, such as mediation or restorative justice if both parties give voluntary, informed, written consent to attempt informal resolution. (See Learning Courage’s page on “Restorative Justice” for more information.) Any person who facilitates an informal resolution must be well trained. The Final Rule adds:

    Our Observations and Recommendations

    At Learning Courage, we believe that restorative justice can be an effective strategy for informal resolution. We also agree with Title IX recommendations that informal resolution between parties should only take place if both parties give informed and voluntary consent and that informal resolution processes should not occur in instances when an employee has sexually abused a student. It is crucial that the adults leading the restorative justice process are trained professionals.  Additionally, informal resolution options must not be used as an alternative to the existing investigation process but rather in addition to it.

    Retaliation Prohibited

    Under Title IX, retaliation (an act meant to punish a person for making a report of sexual misconduct or discrimination) is prohibited. The Final Rule specifies the following:

    Our Observations and Recommendations

    It is essential to respect the confidentiality of the responding and reporting parties that are involved. We also agree with Title IX regulations that retaliation in circumstances of reporting sexual misconduct or abuse is unacceptable and should be expressly prohibited, with appropriate disciplinary action taken if discovered.

    We urge you to review the information in Title IX as it relates to the safety of students and survivors. If not mandated to follow the regulations, please consider using them as guidelines as you review and update your policies and procedures. Please consult your legal counsel, as appropriate, for additional guidance.

    Employee Handbook

    Employees make up the foundation of your school. They have roles that are important and valuable to promoting the climate, environment, and experiences that can positively change student’s lives. Your expectations for all employees should be clearly articulated in your school’s employee handbook. 

    The employee handbook conveys your school’s unique culture and expectations for all employees. It is also a critical tool for reinforcing your school’s mission, statement of purpose for employees, and overall commitment to student well-being and safety. This must include setting very clear expectations about establishing and maintaining safe and appropriate boundaries with students in all interactions, including on-campus, off-campus, and in all communications. Similar to our recommendations for the student handbook, all employees must affirm that they have read and will uphold the requirements outlined in the handbook.  Employees should discuss handbook guidelines related to sexual misconduct and understand the resources and their responsibilities around keeping students safe. These actions are crucial to reducing sexual misconduct and abuse at your school and helping to build a culture of healthy relationships.

    Be as specific as possible in your explanation of terms and expectations. While your school may not want its employee handbook linked on the website, at a minimum your school should use the website to clearly define employee conduct expectations and hiring processes.  Consider reinforcing these details in student or employee-led discussions to reinforce these important rules and resources. Providing examples in your handbook of behaviors that support healthy relationships will set expectations of appropriate conduct. Understanding the role you want the employee handbook to play in your school community will help guide your decisions about what you want to include.  

    Employee handbooks should consist of but not be limited to: 

    Acknowledge and Understanding of Material

    To abide by it, employees must read and understand the content in the handbook. In order to ensure employees have done this, your school can require that every year employees acknowledge in writing they have read and will adhere to the details outlined in the handbook. However, just signing their names indicating they have read the handbook is not enough. Employees should also be given the opportunity to reflect on and ask questions regarding any policy and procedure that applies to them. Learning Courage encourages these opportunities for discussion to occur more than once throughout the school year in order to ensure proper learning and growth. Workshops or advisory circles are another venue where students and employees can discuss the handbook before signing their acknowledgment of the content. All of these actions will help employees understand what they are agreeing to and shift school culture in real and meaningful ways. See more information regarding employees affirming their knowledge in the handbook in the “Prevention and Training” section. 

    Boundaries 

    Employees are expected to maintain healthy boundaries with their students. Outlining the boundaries and expectations for how to maintain them should be addressed in the employee handbook and in training sessions. There is a lot of nuance to scenarios that occur on school campuses that can make things feel confusing to employees, therefore it is essential for employees to discuss healthy boundaries and various scenarios to help solidify understanding of boundaries and what constitutes an unhealthy or inappropriate boundary. For more information on boundaries see the “Signs and Symptoms” and “Prevention and Training” sections. 

    Electronic Communications with Students

    It is well documented that the rise of social media, cell phone use, and remote learning presents very complicated areas of communication between adults and students at school. Social media and technology can be particularly challenging because apps and behaviors around them change rapidly, making it difficult to keep up.  Creating policies and procedures regarding your school’s expectations for employees’ engagement in electronic communication with students is crucial to creating a transparent and safe campus. Updating these policies each year will help you keep up with appropriate policy changes. In the end, you will need to make policy decisions based on your school culture and the direction you want to lead your school. This has become much more important with the Covid-19 pandemic in ‘20-’21. For information regarding Online Sexual Misconduct and Abuse as well as Best Practices for Remote Learning see the “Signs and Symptoms” section. 

    Employee Assistance

    Employee Assistance Programs (EAP) can and will cover more than just services related to sexual misconduct and abuse. Their services can range from financial advice to counseling. It is critical though, that these programs have services related to sexual misconduct and abuse for your employees. Your school should check to be sure that your employee assistance program, which is offered through your insurance company, includes support for employees involved in sexual misconduct and abuse incidents. In addition, it is important for employees to be informed of what services are available to them through the school’s employee assistance program. For more information on supportive services see the “Supportive Services” section.

    Hiring Process

    School employees usually move into, out of, and between many different institutions throughout their careers. The turnover of employees at schools occurs for a multitude of reasons. Because employees are coming to schools from a variety of places, your school should be ready to engage in a thorough review of a prospective employee's previous experiences. The hiring process and structure at your school should be centered around checking each and every prospective employee with rigor, documentation, and honesty. One way to engage in transparent background checks is through the use of a third-party company or organization that does not have direct ties to your school. Each state has its own unique laws regarding the background check process which your school needs to comply with. On top of your legal requirements, there are ethical components to who you hire. 

    Reference checking must be done carefully and the same process should be used for all hires. This includes using both state and federal databases, asking the same questions of references, and saving notes from this process in all personnel files. In addition, should a potential employee not list an upper-level administrator on a reference list, the hiring manager should still check in with those in leadership at previous places of employment to check in on the potential employee’s reputation and conduct. See more information in the “Hiring and Firing” section. 

    Dismissals 

    Employee dismissals are challenging at schools no matter what the cause. Your school should create a plan for how you will proceed after an employee is dismissed. This plan should be structured for many reasons, but one main reason is for your school to be prepared for the aftermath of dismissing an employee regarding sexual misconduct and abuse. Consider if your school will give letters of reference to dismissed employees for any reason, and what your school’s obligation is as the last place of employment for the dismissed employee. Our recommendation is that if the dismissed employee requests a reference, they must also give you permission to disclose why they were dismissed. 

    On and Off Duty Behavior 

    The expectation that an employee is committed to student and community safety is not limited to their time in the classroom. An employee is expected to be a good steward of the school even if they are off school grounds. Transparent expectations will guide your employees to better serve their students as well as to better the institution as a whole. Some examples of policies and procedures that can be expanded on in this part of the handbook include but are not limited to: 

    Policy on Sexual Harassment

    Harassment policies have been integrated into many employee handbooks and continue to evolve with new laws and legislation. Including a sexual harassment policy in your handbook might be required by law depending on where your school is located.  Regardless of whether it is required by law, including a sexual harassment policy will promote a healthy and safe environment for employees to do their best work. Employees who experience sexual harassment should be given clear guidelines on how and to whom to report. For more information regarding employee reporting options, see Learning Courage’s “Reporting Requirements” page. Your school can consider what types of services it will provide such as whistleblower and anti-retaliation policies and services. The rights of employees, in general, should be clearly stated in the handbook regarding all aspects of policy. 

    Policy on Sexual Misconduct and Abuse

    Sexual misconduct and abuse differ from sexual harassment. The two are related, but sexual misconduct and abuse should have a separate policy from sexual harassment in the handbook. By separating these topics, your school will be able to show its commitment to the wide array of sexual violence that can occur, how they manifest, and how they are handled. Like a policy on harassment, policies on misconduct and abuse should include clear guidance on who and how to report. It is crucial that the rights of reporting and responding parties be transparent and accessible in order to show your unwavering commitment to survivors of misconduct and abuse as well as signaling your school’s commitment to creating a safe learning environment and healthy school culture. 

    Prevention and Training

    Training employees on how to combat sexual misconduct and abuse is key in having employees actively engage in the task of identifying and reducing misconduct and abuse at your school. The handbook should include a statement of your school’s commitment to training employees.  Training should vary from year to year to cover different topics and provide multiple opportunities to learn and discuss these topics. For more information see the “Prevention and Training” section.  

    Reporting Requirements

    Reporting requirements for employees at schools vary by state. Your school should be educated on and practice the most up-to-date laws on reporting where your school is located. The responsibilities of employees regarding reporting requirements and expectations should be outlined in your school’s employee handbook. There are many different companies that run anonymous reporting and whistleblower services. These services can be utilized by both employees and students who might face or be aware of sexual harassment, misconduct, or abuse at the school. For more information see the “Reporting Requirements” section. 

    Supervision and Evaluation

    Supervising and evaluating the development of the employees at your school will help your school reinforce your commitment to establishing and maintaining a safe environment for everyone within the school community while promoting professional growth and learning. The process of supervising and evaluating your employees must be well documented. Your school should pay particular attention to documenting evaluations and must include details of any conduct concerns and corrective actions by the school (i.e., placing an employee on leave, dismissing an employee, etc.) Documenting these details and having employees sign these evaluations is an important way to address concerning behavior and minimize the risk of employee retaliation. 

    Transparency 

    Employee handbooks are made for employees, but other audiences might be interested in the content they provide. Consider whether your employee handbook - or key portions of it - will be made available to the public or even posted on your website. You must be honest and authentic in your reasoning for either decision as it relates to your school’s culture. Regardless of the decision your school makes, the level of detail you include in your policies and the ease of access to all sends a message to employees and the broader community about your commitment to community safety. 

    Transparency makes a statement and reinforces that you have clear expectations, guidelines, and consequences for attitudes and behavior at your school and you intend to hold all employees accountable for upholding those standards.  Making this information available to the public also can be a great way to signal your commitment to student safety to prospective students and their families. 

    Your school should be aware that the aforementioned topics are not exhaustive. There will be other aspects of employee life that are not mentioned here that should be covered in the handbook, especially topics outside of the scope of sexual misconduct and abuse. It is essential that you adapt your handbook to the culture and experiences of your specific institution and that you revise the handbook annually.