Reducing the Risk of Child Sexual Abuse

and Misconduct in School Athletics

AUTHORS:

Gregory Love and Kimberlee Norris are attorneys with a nationwide litigation practice related to child sexual abuse. In addition to litigating sexual abuse cases, Love and Norris work with hundreds of organizations providing services to children and youth, designing and implementing systems to reduce the risk of abuse – in schools, churches, camps, youth sports and non-profits. In addition, the firm provides consultation and advice to organizationswith a staff member against whom an allegation or outcry has been directed. To learn more about Love and Norris, go to

Shane Naterman currently serves as the High School principal at Southwest Christian School in Fort Worth, Texas where he has served for the past eleven years. Shane’s resume also includes service as a classroom instructor, assistant principal, middle school principal, and coach. His background as a collegiate athlete, head coach and now administrator with responsibilities that include oversight of athletic personnel and facilities allow for a comprehensive, yet practical perspective to managing liability risks in sport. Naterman is currently working on his dissertation to complete his Doctorate in Educational Leadership at Texas Wesleyan University where his emphasis of research continues to be reducing the risks of sexual abuse in schools, specifically in the athletic setting.

PROJECT:

The authors have collaborated to create this plan reducing the risk of sexual abuse in school athletics. Created in spring, 2013, the plan will be periodically updated as feedback is received,allowing the authors to expand its scope. Updates, as they become available, may be accessed at MinistrySafe ( and/or Abuse Prevention Systems (

STRATEGY:

‘A school cannot reduce a risk that school personnel do not understand.’

Sadly, many school administrators and athletic directors have little understanding of the risk of child sexual abuse. To effectively address this risk, administrators and ADs must master a working knowledge of sexual abuse and sexual abusers, including patterns by which abusers prepare children or teens for inappropriate sexual activity (‘the grooming process’). As well, school administrators and ADs must grasp that abusers ‘groom the gatekeepers’ – adults responsible for protecting children and teens (including parents, care-givers and other school staff members). This ‘grooming process’ may take many forms depending on the type of program, staffand facility. (For example, ‘grooming behaviors’ in a church’schildren’s ministry will appeardifferent from ‘grooming behaviors’ in a high school locker room).

Because the type and level of risk depends on the program or activity, no ‘one-size-fits-all’ program or policy will prevent sexual abuse. This sample plan for school athletics will require modification to fit each school’s unique athletic program.

This “Plan” is accompanied by a sample policy forms:

-MySchool Student Safety Policies is the core policy form that relates to risk in all school activities;

-MySchoolSupplemental Policies for Athletics is the companion that relates to athletics.

It is important to understand, however, that Sexual Abuse Awareness Training is the foundation for any effective safety system. Policies are only marginally effective unless those responsible for following the policies understand the risks posed to students and athletes from a sexual abuser. This information is provided by the Sexual Abuse Awareness Training.

To learn more about live and online Sexual Abuse Awareness Training, visit MinistrySafe Abuse Prevention Systems

Modification of Sample Policies

Because there is no ‘one size fits all’ policy form, the authors have attempted to provide guidance on as many matters as possible.

It is expected that school administrators and ADs will modify these policy documents to fit the programs, positions, facilities and other factors that make all schools unique. For example, the form policies refer to a Safety Committee; your school may have an Administrative Leadership Team that performs the same or similar functions. Rather than change the name of your oversight group, simply modify the document. The important thing is to understand what the policy is suggesting from a risk management standpoint – and consider that risk management item as risk may present itself at your school.

For assistance in crafting policies, screening forms or providing live trainings, contact the professionals at MinistrySafe and Abuse Prevention Systems: 817.737.7233.

SAFETY SYSTEM

This Plan is part of an overall School Safety System incorporating the following elements:

-Sexual Abuse Awareness Training (for staff members and school volunteers)

-Skillful Screening Procedures

-Criminal Background Check

-Tailored Policies & Procedures (core school policies and Athletics Supplement), and

-Monitoring and Oversight.

1. Sexual Abuse Awareness Training.

Every school and athletic safety system should include effectual training concerning the risk of child sexual abuse. Sexual Abuse Awareness Training provides a foundational piece of an educational model for staff members and volunteers, giving them ‘eyes to see and ears to hear’ molester grooming behaviors.

Policies and procedures have limited impact without a clarification of ‘why’, and an explanation of safety principles behindthe policies.

Sexual Abuse Awareness Training for school staff members and volunteers is available online at

2. Skillful Screening.

Skillful Screening processes are a critical component of an effective school safety system. Screeners should be trained to effectively use screening forms and process to elicit high-risk responses from applicants, and recognize high-risk behaviors and life patterns.

This training and related forms (applications, reference forms, interview forms, applicant release) are available online at

3. Criminal Background Check.

Every school has an affirmative duty to make a reasonable effort to access past criminal behavior of adults it puts in contact with children or students. Criminal background checks (employees and volunteers) are a necessary component of any effective safety system, but will not serve as a ‘stand alone’ system, because less than 10% of sexual abusers will EVER encounter the criminal justice system. (Most recent USDOJ reports indicate less than 3%, due to reporting failures, statutes of limitation and poor reporting practices.)

The depth of a criminal background check should match the degree and nature of access to children or students; what is ‘reasonable’ for one type of employee or volunteer may not be reasonable for another type. (Example: Athletic Director v. concession volunteer.)

Additional information concerning characteristics of effective criminal background screening may be found online at

4. Tailored Policies & Procedures.

The attached Supplemental Safety Policy is, in fact, supplemental. Core policies and procedures should be included in each school’sChild Safety Policies & Procedures.Policies should be tailored to specific school and athletic department programming; there is no ‘one-size-fits-all’ form. Policies are marginally effective without Sexual Abuse Awareness Training for staff members and volunteers.

Core School Policies and Procedures may be obtained online at

5. Monitoring and Oversight.

‘Policies are what you DO, not what you SAY you do.’

Effective monitoring and oversight ensures that your school consistently adheres to existing child protection efforts and protocols, with periodic review of the system, application of policy to new programming, performance reviews, and general accountability.

MinistrySafe and Abuse Prevention Systems provide tools to monitor complianceonline at

GETTING STARTED

It is helpful to download and review the sample policy documents (MySchool Safety Policies and the Supplemental Policies for Athletics), as well as the sample screening documents from the MinistrySafe or Abuse Prevention Systems resource menu. The following steps/information may be helpful in shaping the sample policy to be a more tailored document that fits a school’s particular athletic offerings, facilities and staffing.

SHAPING POLICIES

It is now important to gather the necessary school-specific information to allow you to modify the sample policies to fit the needs of the school. For athletics, it may start with gathering information regarding the respective athletic offerings.

Questions to be answered:

Similarities exist within diverse athletic offerings at school. As a result, some common safety elements will occur.In other respects, each school’s various sports programs have unique risks not appearing in others. For example, Cross Country is a lower risk activity because training often occurs on-site, and meets do not commonly require overnight stays or locker rooms. Football, on the other hand, often requires daily use of changing facilities.

The following information should be gathered for EACH sport offering:

Identification of actual coaching staff (as opposed to volunteers or ‘helpers’);
Staffing ratio – number of staff members or volunteers supervising __ number of athletes/students;
Other adult(s) present during practices, meets or games (in a supervisory capacity rather than as parent/spectator);
Are other children (non-athlete) present? If so, who supervises these children? Is it acceptable for a parent of a student athlete to drop off/leave other non-athlete children?
Practice locations;
Any currently existing plan of supervision;
Currently existing policies concerning area of facility where (and when) students may be present;
Are student athletes ever practicing/competing in an off-site facility with no coach present?
Currently existing ‘pick-up plan’ (parents picking up athletes after practice or competition);
Are coaches ever alone with any student athlete? (example: after practice, waiting for parent)
Existing plan for team-travel and overnight stays;
Occasion/existing policy for locker room use;
Physical plant: are there unsupervised or unobservable locations in the facility?

An example of the information described above follows:

With the below information, additional safety measures may be necessary.

Girls Upper-School Basketball:

Coach: John Smith
Staffing ratio can be 1:25 (when practice includes upper school and middle school girls)
No other 'official adults (employee or volunteer) present
Yes-- some kids are just sitting around (siblings or other kids dropped off waiting for next practice to start)
Practice locations: some on-site … some at the YMCA
No written plan of supervision
No written policy of where/when students may be in facility
Yes- some practice/competition opportunity off-site where no coach required to be present
No currently existing ‘pick up’ plan, other than ensuring that all kids leave
Don’t know, at present, if coaches are EVER alone with students.
Yes (some team travel and overnight stay)
Yes- occasion for use of locker rooms, but only at ‘away’ games or off site practices/competitions; No existing written policy
Yes- unsupervised/unobservable locations at YMCA (practice facility)

Education About MySchool’s Protection Policies

To deter applicants who may be at risk of abusing athletes or participants from applying for positions, MySchool educates its applicants concerning protection policies/supplements and offers applicants an early opt-out by:

Requiring awareness training before placement and/or before working with athletes and participants;
Informing applicants about our policies and procedures relevant to prevention;
Asking applicants to review and agree to our policies and procedures before proceeding with the process;
Requiring applicants to sign a document acknowledging review of our policies and procedures.

APPLICANT SCREENING

Faculty, coaches, staff members and volunteers must consent to, and pass, a formal applicant screening process before performing services for MySchool. Again, it is helpful to download and review the sample screening documents from the MinistrySafe or Abuse Prevention Systems resource menu.

Elements of MySchool’s screening process include successful completion of an application, interview, reference check and criminal background check. Each of these is briefly described in the MySchool Safety Policies. Every applicant will undergo the same screening process, regardless of length or degree of relationship with MySchool or MySchool personnel. (No applicant ‘skips’ any portion of the screening process due to relationship to administration, other employees, or students.)

Written Applications

Each prospective faculty, coach, staff member or volunteer must complete the appropriate application form consisting of personal identifying information, past employment or volunteer history, questions related to Child Protection and a general release with applicant’s signature.

The written application:

Contains questions pertaining to previous work and volunteer experiences;
Asks questions intended to illicit information concerning high-risk behaviors;
Provides a written release for contacting personal references, past supervisors (employment or volunteer) and authorizing a criminal background check, including an indemnification clause;
Asks open-ended questions, encouraging broad answers;
Uses disclosure statements to inquire concerning previous criminal arrests or convictions for sexual offenses, violence against youth or children and other criminal offenses or felonies.

A sample employment and volunteer application are available from the MinistrySafe or Abuse Prevention Systems’ resource menu.

Personal Interview

Appropriate MySchool staff members will interview applicants whose experience and credentials are considered a fit for available positions. During this interview, questions will encourage discussion, clarify responses and expand on the applicant’s answers to questions from the written application. Some child protection questions, meant to illicit high-risk responses, will be uniformly included in the interview process.

A sample interview form with questions is available from the MinistrySafe or Abuse Prevention Systems’ resource menu.

References

References of applicants will be contacted (either by phone or in writing) and asked questions regarding the applicant’s professional experiences, demeanor and suitability for involvement with student athletes. Some child protection questions, meant to illicit high-risk responses, will be uniformly included in reference forms.

A sample reference request form is available from the MinistrySafe or Abuse Prevention Systems’ resource menu.

Release

Each applicant will provide a signed release, consistent with federal, state and local laws regulating employment or volunteer practices, allowing references and past supervisors to speak freely concerning the applicant’s qualifications and suitability for work with children, without fear of reprisal. This release will specifically authorize MySchool to obtain information concerning the applicant’s past employment and volunteer experience, as well as any information provided by the applicant during the screening process (i.e., written application, references and personal interview).

CRIMINAL BACKGROUND CHECK POLICY/PRACTICES

A criminal background check is a necessary piece of any effective safety system designed to protect children from abuse. Though neither MinistrySafe nor Abuse Prevention Systems provide a criminal background check, both offer systems to track the completion of criminal background checks. Below is some information that will help a school frame its policies and practices regarding the important piece of the safety system.

Background Check Policy

All applicants will be asked to undergo a criminal background check that complies with the Fair Credit Reporting Act before providing services for MySchool. Through this criminal background check, MySchool will utilize reasonable efforts to ascertain past criminal history of an applicant.

Process

The Criminal Background Check Consent and Waiver Release form must be submitted and the applicant cleared for service before he or she may perform services for MySchool.

On receipt of the Criminal Background Check Consent and Waiver Release form, MySchool will request that its vendor perform a criminal background check. As part of this check, MySchool will, at a minimum,

verify a person’s identification against his or her social security number or other personal identifier;
perform a national search of state criminal repositories; and
perform a search of state sexual offender registries.

Neither MinistrySafe nor Abuse Prevention Systems provide criminal background check services; it is anticipated that each school already has a relationship with a background check vendor. Through the control panel, however, MinistrySafe and Abuse Prevention Systems members can track the completion of safety system components, including criminal background checks.

Potentially Disqualifying Factors

Criminal History. MySchool will use a criminal background check to gather information about an applicant’s prior criminal history. The information revealed by the criminal background check may disqualify an applicant from serving as a faculty member, coach, staff member or volunteer.

Information that could disqualify an applicant includes, but is not limited to, arrests, pleas of no contest and criminal convictions—especially if the underlying criminal behavior involved sex, violence or a ‘crime against the person’. Any information of past criminal history involving sex, violence or a ‘crime against the person’ must be formally reported to the MySchool Safety Committee before an applicant may serve as a faculty member, coach, staff member or volunteer. No single administrator, supervisor or athletic staff member may evaluate the suitability for service of any applicant described above; such information must be evaluated by the MySchool Safety Committee before an offer of employment or volunteer service is extended.

Pending Court Cases. No decision will be made on an individual’s eligibility for work as a new faculty member, coach, staff member or volunteer if he or she has a pending court case for any of the potentially disqualifying offenses, until the pending case concludes.

Full Disclosure. Each applicant has the affirmative duty to disclose his or her criminal history. Failing to disclose or intentionally misrepresenting an arrest, plea or conviction history in an application or any other information provided by an applicant during the screening process is grounds for employment or volunteer termination or restriction, regardless of when the offense is discovered.

If an applicant is arrested, pleas, or is convicted of a crime other than a traffic offense during the screening process, the applicant is required to disclose such information immediately.
In the event a person is serving as a faculty member, coach, staff member or volunteer and is arrested, pleas, or is convicted after the completion of the screening process, he or she has an affirmative duty to disclose such information immediately to his or her supervisor or MySchool administrator or Athletic Director. Any administrator or Athletic Director who receives such information has an affirmative duty to formally report such information to the MySchool Safety Committee.

Other Potentially Disqualifying Factors