SEXUAL ASSAULT PREVENTION AND RESPONSE
November 23, 2011
Although we do not yet have all of the facts pertaining to the Penn State sexual assault scandal,
we are all well aware of the allegations: that an assistant coach on the football team sexually
assaulted a number of boys, the university did not report this situation to the authorities, there
was no attempt to protect or aid the victims and a cover-up of the abuse allegation occurred.
All educational institutions, regardless of size – with or without a high-profile athletic program –
face this exposure. Even with this limited amount of information, we can make several
recommendations to our insureds to reduce and control this exposure. Several are provided by
the U.S. Department of Education, Office for Civil Rights Dear Colleague Letter: Sexual
Violence (April 4, 2011). The fall edition of At Issue contains an article with recommended
actions concerning the letter (http://www.wrmamerica.com/pdfs/Fall2011_Final.pdf)
1. Comply with all Mandatory Reporting Laws
All states have mandatory reporting laws. On a federal level, the Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires
colleges and universities to maintain and disclose information about crime on and near
their respective campuses.
2. Establish Boundaries
Some activities can be controlled by establishing policies and procedures that address
certain types of behavior between students and staff, such as overnight stays; travel and
outings; accepting gifts; unsupervised visits and one-on-one training. Many educational
institutions address these and other issues in their employee and student handbooks.
“Red flag” behavior that warrants an inquiry or investigation if discovered includes:
excessive phone calls, emails or texting between staff and students; “friending” on social
media sites; wrestling and tickling games and stalking – cyber or otherwise.
3. Conduct Background Checks
Whether required by law or not, all employees should (in addition to other requirements)
complete an application, provide references, that are contacted, and undergo a criminal
background check. At times, the mere mention of an application and background check
can turn away applicants with criminal intentions.
4. Manage Volunteers
Pedophiles target schools, religious institutions, sports associations and other
organizations where young people are present. Requiring volunteers to complete an
application and give permission for a criminal background check is a prudent way to
reduce the possibility of retaining the wrong types of volunteers. Mandatory volunteer
background checks have been adopted by many educational institutions.
5. Establish Complaint Reporting Procedures
Title IX gives guidance concerning complaint procedures. All complaints need to be
promptly and thoroughly investigated and reviewed.
6. Cooperate with Law Enforcement
This includes providing documents, personal and electronic records as well as emails.
Your attorney should be involved at this point in the process.
7. Develop and Maintain a Zero -Tolerance Climate
A “climate check” will determine the effectiveness of existing efforts to prevent sexual
harassment and violence. If warranted, use the results to improve training, education,
counseling and response procedures. This also includes determining whether or not the
institution is capable of conducting a good faith investigation of powerful and influential
individuals. Victims are often afraid to report or seek help because of the fear of reprisal
or of not being believed, the need to fit in socially or not knowing how to make a report.
8. Provide Sexual Assault Materials to Students and Staff
Distribute materials defining sexual assault, explaining what to do in the event a student
or staff member is a victim of sexual assault. Include complaint filing directions, the
identity and contact information for the Title IX Coordinator, where to obtain therapy or
victim counseling and what the institution will do in the event of a complaint of sexual
assault.
9. Train Staff and Students
Training should include the Title IX Coordinator and campus law enforcement, if your
institution has a law enforcement agency. Staff (including resident advisors on college
campuses) should also know how to report incidents of sexual assault that is either
witnessed or reported to them.
10. Provide Support
Even a relatively small institution can provide help with referrals to medical clinics and
mental health professionals. Larger schools and many colleges and universities have
response teams in place that are trained to assist the victim, provide resources and help
with reporting. Above all, the institution must not shun, isolate, ignore or retaliate
against the victim, witnesses or reporters.
Resources
• U.S. Department of Education
Campus Security – Handbook for Campus Safety and Security Reporting
http://www2.ed.gov/admins/lead/safety/campus.html
•
U.S. Department of Education – Office of Civil Rights
Summary of Dear Colleague Letter
http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201104.html
•
U.S. Department of Health and Human Services – Child Welfare Information Gateway
Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws
•
U.S. Department of Health and Human Services – Child Welfare Information Gateway
Sexual Abuse Prevention Programs
http://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.cfm
http://www.childwelfare.gov/preventing/programs/types/sexualabuse.cfm
•
U.S. Department of Health and Human Services – Higher Education Center
Contains a list of online resources for rape and sexual assault
http://www.higheredcenter.org/resources/116
Wright Risk Management provides information and material through this document to schools throughout the
United States. Wright Risk Management makes no representation about the suitability of this information and
material for any purpose other than research and discussion. Please consult your insurance representative and
school counsel if you have legal, procedural or safety-related questions.