NUTMEG SCHOOL GROUP
SAMPLE POLICY FOR THE PROTECTION OF STUDENTS FROM ABUSE AND MOLESTATION
A Service of Hilb Rogal & Hobbs of Connecticut, LLC and
Morrison Mahoney LLP
Prepared by:
Morrison Mahoney llp
James L. Brawley, Partner
Anita C. Di Gioia, Associate
Elizabeth K. Adams, Associate
COUNSELLORS AT LAW
Hartford, Connecticut
One Constitution Plaza,10th Floor
Hartford, CT 06103
Phone: (860) 616-4441
Fax: (860) 244-3800
JAMES L. BRAWLEY, PARTNER
Mr. Brawley is a trial attorney in the Hartford office of Morrison Mahoney LLP. Mr. Brawley has been with the firm since 1991 and has been a partner since 1997. Mr. Brawley specializes in defending employment discrimination claims. Mr. Brawley is admitted to practice in Connecticut and Massachusetts. Prior to joining Morrison Mahoney LLP, he served as a law clerk to the Justices of the Massachusetts Superior Court. Mr. Brawley graduated cum laude from Suffolk University Law School in 1990. Mr. Brawley was on the Dean’s List each of his three years and was the President of the Moot Court Board. Mr. Brawley graduated from Union College with Dean’s List Honors in 1987 (B.A.).
ANITA C. DI GIOIA, ASSOCIATE
Anita C. Di Gioia is an associate in the Hartford office of Morrison Mahoney LLP. Since joining the firm, Ms. Di Gioia’s practice has concentrated in the areas of insurance defense, including design professional liability defense and construction law, as well as general liability defense and employment law. Prior to entering private practice, Ms. Di Gioia was a judicial law clerk at the Fourth Circuit Court of Appeal in the State of Louisiana for the Honorable Steven R. Plotkin. Ms. Di Gioia is admitted to the bars of the States of Connecticut, Louisiana and New York. She is a member of the Connecticut Bar Association, the Louisiana Bar Association and the New Haven County Inn of Court. Ms. Di Gioia is a graduate of Siena College (B.A. 1994 magna cum laude) and The Tulane University School of Law (J.D. 1997 magna cum laude), where she was inducted into the Order of the Coif for her academic achievements and was a member of the Tulane Law Review.
ELIZABETH KNIGHT ADAMS, ASSOCIATE
Ms. Adams is an associate in the Hartford office of Morrison Mahoney LLP. Ms. Adams is admitted to the bar of the State of Connecticut, the Commonwealth of Massachusetts and the United States District Court of Connecticut. She is a member of the Connecticut Bar Association and is a graduate of the University of Connecticut (B.A.), and the University of Connecticut School of Law (J.D.), where she was Executive Editor of the Connecticut Law Review. Prior to joining the firm, Ms. Adams served as a judicial law clerk for the Honorable Alexandra D. DiPentima of the Connecticut Appellate Court.
Prior to entering law school, Ms. Adams worked as a case manager for the Healthy Start Program at Rockville General Hospital in Rockville, Connecticut, providing education and support to families at risk for child abuse and neglect. Ms. Adams received specialized training regarding various aspects of child abuse prevention, as well as training regarding the requirements of mandated reporting of abuse and neglect to the Department of Children and Families. As a case manager, Ms. Adams often worked in conjunction with the Department of Children and Families throughout the process of investigations of suspected of abuse and neglect, and continued provision of services following such a report.
SAMPLE POLICY FOR THE PROTECTION
OF STUDENTS FROM ABUSE
ABOUT THIS SAMPLE POLICY:
Morrison Mahoney LLP provides this Sample Policy for the Protection of Students from Abuse as general guidance in developing, with each school’s individual counsel, policies for the prevention of student sexual abuse by adults and by peers. This Sample Policy is intended to be used in conjunction with, and is not a substitute for, your Employment Practices and Policies Booklet. This publication is not intended to constitute legal advice, nor is it intended to cover every issue that you may want to consider in the development of such policies. Each school is encouraged to consult with private counsel to adopt appropriate policies for their individual school.
PURPOSE:
Providing a safe and nurturing learning environment is one of the most important goals of Nutmeg School Group. The purpose of this Policy is to implement procedures to prevent the sexual abuse of all students within the schools. In the unfortunate event of a report of sexual misconduct, this Policy is designed to provide procedures for the prompt and thorough investigation of such claims in an effort to stop any further abuse, as well as to achieve a fair and just resolution of the matter. Sexual abuse of minors is a crime that has a severe emotional impact upon children. As such, it will not be tolerated in Nutmeg Schools in any way.
It is the Nutmeg School Group’s policy to comply with all relevant federal, state and local laws with respect to prevention, reporting and investigation of sexual misconduct. It is also our policy not to retaliate against anyone who reports sexual misconduct or who participates in an investigation of a claim of sexual misconduct.
Nutmeg Schools are dedicated to ensuring that all decisions with respect to hiring, training, supervising, and disciplining personnel are made in accordance with these principles and in a manner to promote safety and respect of their students.
I. GENERAL DEFINITIONS:
A. School Personnel: The term “School Personnel” is used in this Policy to refer to individual persons as well as groups of persons. For the purposes of this Policy, “School Personnel” are:
i. Administrators: including but not limited to the Superintendent, Principal, Vice Principal, and Guidance Counselors;
ii. Full and Part-Time (i.e., substitute) Teachers;
iii. Teachers’ Aids;
iv. Staff, including but not limited to secretarial staff and receptionists; kitchen staff; and maintenance staff;
v. Those who contract their services to the Schools (i.e., independent contractors and subcontractors);
vi. Coaches;
vii. Employees responsible for transportation of students including all bus drivers;
viii. Volunteers; and
ix. Other specialized personnel such as social workers, nurses and others providing specialized services to students.
B. Student: A student is defined as anyone enrolled in the School on either a full or part-time basis, regardless of age. A student may be an individual who is 18 years old or older, but still in high school.
C. Types of Abuse:
i. Physical Abuse is a non-accidental injury, which is intentionally inflicted upon a child or youth. Physical abuse can be committed by a student against another student.
ii. Sexual abuse perpetrated by an adult is any behavior by an adult, directed at a student that is intended to sexually arouse or titillate the adult or child. This behavior includes touching parts of the body, including breasts, genitals or buttocks, as well as exposure of the genitals, verbal propositions, or conversations of a sexual nature.
iii. Sexual abuse perpetrated by a student against another student is any contact or sexual activity that occurs between students when there is no consent, when consent is not possible, or when a student has power over the other student. This includes behavior that is intended to sexually arouse or titillate either student. This behavior includes touching parts of the body, including breasts, genitals or buttocks, as well as exposure of the genitals, verbal propositions, or conversations of a sexual nature.
II. PREREQUISITES TO HIRING AND/OR SELECTING SCHOOL PERSONNEL:
A. Prior to hiring and/or selecting any and all School Personnel, including subcontractors and/or volunteers who occasionally or incidentally work with or around students, the School shall require the candidate to provide the following:
i. A standard application completed by the applicant that includes an authorization for the release of information to conduct background checks;
ii. Authorization for a criminal records check in any state;
iii. References of persons who know the applicant, including at least one reference from any previous school at which the applicant was employed, if applicable; and
iv. Authorization for a driving or motor vehicle records check if the person may be transporting students.
B. Prior to hiring and/or selecting any and all School Personnel, the School shall:
i. Conduct a criminal records check of the applicant;
ii. Conduct a search of any and all Sexual Offenders Registries in any state where the applicant has resided;
iii. Interview the applicant;
iv. Inquire of the references the applicant has provided; and
v. Conduct a search of the applicant’s driving history if the applicant will be transporting students.
C. Once all of the above information is gathered, the School shall evaluate the applicant and determine whether the applicant is suitable to work with students.
III. EDUCATION AND TRAINING REQUIREMENTS:
A. All School Personnel, with the exception of certain subcontractors and/or volunteers who may not have contact with students, shall receive a minimum of three hours of child abuse prevention education and training annually. All School Personnel shall receive said education and training in the first month of the engagement as School Personnel. All School Personnel and all students shall be made aware of the identity of the Designees.
B. This requirement shall include at least one hour of education and training specifically addressing sexual and physical abuse among students.
C. In addition to the above stated requirements, all School Personnel, with the exception of certain subcontractors and/or volunteers who may not have contact with students, shall attend a training program provided pursuant to Connecticut General Statutes § 17a-101(c), regarding the accurate and prompt identification and reporting of child abuse and neglect, or a program determined by the School to provide equivalent training.
D. All School Personnel charged with complaint management and investigation shall receive an additional three hours of education and training annually with respect to these responsibilities.
E. Written records shall be maintained to document compliance with this requirement.
IV. REPORTING INAPPROPRIATE BEHAVIORS OR POLICY VIOLATIONS:
A. Each school shall designate two school officials (“Designees”), one male and one female, to receive formal and/or informal reports of behaviors or policy violations. Each Designee shall be specifically trained with respect to these responsibilities pursuant to Section III of this Policy as outlined above.
B. When School Personnel observe any physical or sexual abuse, or have reasonable cause to suspect that physical or sexual abuse has occurred, they must immediately report their observations and/or belief that physical or mental abuse has occurred.
C. Such observations and/or beliefs shall be reported in one of the following ways:
i. A telephone call or meeting with the immediate supervisor of the suspected abuser;
ii. A telephone call or meeting with a Designee appointed to receive such reports;
iii. A signed or unsigned letter of Notice of Concern to either Designee.
V. INVESTIGATING INAPPROPRIATE BEHAVIORS OR POLICY VIOLATIONS:
A. If the suspected abuser is School Personnel or a student, the Designee shall thoroughly investigate the report. Such an investigation shall be commenced within twelve (12) hours of receipt of a report. When investigating a report, the Designee shall endeavor to obtain, when possible, the consent of parents or guardians or other persons responsible for the care of the student to conduct an interview with a student, except in those cases in which it is determined that obtaining such consent will interfere with the investigation.
B. The Designee shall oversee the investigation process. Any investigators shall be trained with respect to the psychological, educational and legal implications of such an investigation, and shall have specialized training in interviewing witnesses, including minor witnesses. If no such person is employed within the School, an outside investigator shall be used.
C. The investigation shall include an opportunity for the suspected abuser to be heard with respect to the allegations contained within the report. During the course of an investigation of suspected abuse by School Personnel, the Designee may suspend the individual with pay or may place the individual on administrative leave with pay, pending the outcome of the investigation.
D. The Designee(s) and/or the Board of Directors, as appropriate, may take disciplinary action, up to and including termination of employment, if the Designee’s investigation produces evidence that a student has been abused by School Personnel.
VI. REPORTING SUSPECTED ABUSE OF STUDENTS PURSUANT TO CONNECTICUT’S MANDATED REPORTING STATUTES: Connecticut General Statutes Section 17a-101 et seq., as amended by Public Act 97-319, requires certain educational personnel (school teachers, school administrators, school guidance counselors, paraprofessionals, coaches, etc.) as well as licensed nurses, psychologists and social workers, and other mental health professionals, who have reasonable cause to suspect or believe that a child has been abused or neglected to report such abuse and/or neglect. In furtherance of this statute and its purpose, it is the policy of this School to require ALL SCHOOL PERSONNEL to report suspected abuse and/or neglect, in accordance with the procedures set forth below.
A. Scope of Policy: This Policy applies not only to personnel who are required by law to report suspected child abuse and/or neglect, but to all School Personnel.
B. Definitions: For the purposes of mandated reporting:
i. Abused means that a student (a) has had physical injury or injuries inflicted upon him other than by accidental means, or (b) has injuries which are at variance with the history given of them, or (c) is in a condition which is the result of maltreatment, such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment.
ii. Neglected means that a student (a) has been abandoned, or (b) is being denied proper care and attention, physically, educationally, emotionally or morally, or (c) is being permitted to live under conditions, circumstances or associations injurious to his well-being, or (d) has been abused.
C. What Must Be Reported: A report must be made when any employee of the School, in his/her professional capacity, has reasonable cause to suspect or to believe that a student under the age of eighteen:
i. Has been abused; or
ii. Has had non-accidental injuries or physical injuries which are at variance with the history given for them inflicted by a person responsible for the student’s health, welfare or care or by a person given access to such student by a responsible person; or