Senate Committee Makes Recommendations for

Sexual Abuse Response System

 

Last month the Senate Judiciary Committee, chaired by Sen. Dick Sears of Bennington, released a 34-point plan to address sexual abuse in Vermont.  The proposals include enhanced oversight of convicted sex offenders, court and sentencing reforms, and increased prevention education. The Senate President Pro Tem, Peter Shumlin, has stated his intention to pass a bill in the Senate based on the Committee’s recommendations early in the 2009 legislative session.

 

To read the Committee’s full report, click on the “Comprehensive Plan for Vermont’s Sexual Abuse Response System” at the following website:

http://www.leg.state.vt.us/WorkGroups/sexoffenders/.

 

The VSBA will report on the bill’s development, particularly with regard to its impact on school management and operations when it is taken up early in January.  What follows here are excerpts from the Committee’s recommendations that pertain to public schools:

 

Include a sexual abuse prevention component in all school health curricula

 

It is widely accepted that the majority of child sexual abuse is committed by a family member or someone known to the child, and that the abuse often goes unreported.  One of the best ways to counteract this type of abuse is to empower children with information about what abuse is, that they do not have endure it, and if it happens, to report it to an appropriate adult.  Research suggests that children of all ages can successfully make use of prevention skills if they are taught concrete concepts in a clear, developmentally appropriate way and are given adequate time for learning and follow-up.  

 

To ensure that all children receive information about protecting themselves from sexual abuse, the Committee recommends that the Department for Children and Families (DCF) convene a working group that includes the Department of Education, parents, and prevention professionals to develop a comprehensive sexual abuse prevention program that can be added to the curriculum in all Vermont schools.  The Committee understands that some parents may have hesitations about such a difficult subject being discussed with their children, but the Committee is confident that age-appropriate curricula can be developed with parents‘ concerns in mind.  Knowledge is power, and keeping silent with our children on this subject only exposes them to more danger.   

 

Require school districts to check the child abuse registry and vulnerable adult abuse registry prior to hiring staff or volunteers and conduct periodic rechecks of the registries and VCIC records

 

Vermont law currently requires school districts to obtain a record of criminal convictions from the Vermont Criminal Information Center for all school staff or volunteers.* The Committee recommends that districts also should be required to check the Vermont child abuse registry and the Vermont vulnerable adult registry in case a substantiation of abuse against a child or vulnerable adult has been recorded that did not result in criminal charges or a conviction.  These checks should be done not only prior to hiring, but periodically to ensure that the school district learns of any subsequent convictions or substantiations.

 

Criminalize sexual contact between an employee in a supervisory union, a school district, or independent school and a student who is enrolled in or attending a program or school within the person‘s supervisory union, school district, or independent school

 

Educators and school employees have a powerful mentoring role in the lives of Vermont’s children.  Because of the influence on young lives and the power dynamic in such a relationship, it is inappropriate for a school employee to have any sexual contact with a student regardless of whether that child has reached the age of consent (16) and the relationship was consensual.  While existing laws criminalize contact with anyone under the age of 16, there is no law prohibiting a school employee from engaging in a sexual relationship with a student who is 16 years of age or older.  The Committee recommends that the legislature criminalize such conduct in an effort to prevent the exploitation of a student by an adult school employee.

 

Establish grants for community child sexual abuse prevention programs

 

Denial of the problem of child sexual abuse, within communities and within families, is disturbingly prevalent in Vermont.  A recent national study showed that only 63 percent of girls and 50 percent of boys reported that their parents had ever talked with them about sexual abuse prevention. Even if a child receives a child-focused prevention program at school or in the community, it is important that parents and caregivers talk to their children directly about sexual abuse and learning the warning signs of abuse.

 

The Committee recommends that the Center for the Prevention and Treatment of Sexual Abuse (Center) receive state funding to award grants to schools, communities, and organizations for the purpose of developing and conducting programs that assist families and communities in protecting children from sexual abuse. Educating our communities about the warning signs of sexual abuse and talking to our children in an appropriate manner about sexual abuse is the most effective tool we have at our disposal.

 

* Editor’s note: Vermont law requires school districts to obtain criminal record checks for all school employees, but does not require the same for school volunteers.  The Committee report is erroneous on this matter.