The Psychodynamics of School Sexual Abuse Investigations

School Administrator, Oct, 1994 by Mary Jo Mcgrath

Most sexual abuse allegations against educators do not result from a single indiscretion in a reckless moment. Almost always there is a continuing course of conduct by an adult who preys on children for sexual gratification. An effective investigator must be attentive to the guilty conscience factor during interviews and put it in perspective for the interviewee.

Beyond Denial

Many of us unwittingly become enablers of abusive behavior in schools. An enabler is a person who overtly or covertly, consciously or unconsciously, acts in a way that allows another to continue in a destructive process. The enabler shields the actor from the ordinary consequences of his or her behavior.

When we say, "Oh, he didn't mean it, he's just that way," we may be enabling behavior that perpetuates sexual abuse of children at school. Trust your sense of boundary violations and act on them. Avoid becoming an enabler.

We must be willing to face the damage caused by educators' sexual behavior toward students. We must have the courage to recognize that this issue harms not only children, but our society as a whole.

We also need to be mindful of the powerful forces that lead us to respond in disbelief and reject the reality that includes child sexual abuse in our schools, particularly to the degree it exists today.

As we are confronted with increasing allegations of child sexual abuse by educators, we need to open our minds and our hearts to understand its impact on the victim, the grief that abuse instills in the school community, and the need for compassion and understanding in investigating and resolving these matters.

If properly handled, these cases can alter societal attitudes, which will profoundly impact the quality of life. As we take on this issue, we are creating a future that allows for the expansion of freedom and well-being for all of us.

Mary Jo McGrath has served as legal counsel to more than 50 school districts in California and is a consultant nationally on sexual harassment, sexual abuse, and employee performance.

Administrators lace Tougher Legal Liability

School administrator liability for sexual abuse by employees is a rapidly developing area of the law.

Courts and administrative agencies are in the process of developing standards as the debate continues. Until the law is settled, educators and their lawyers will have to deal with a degree of uncertainty about their legal duties to students regarding sexual misconduct by school employees.

State Liabilities

Under the legal doctrine of respondent superior, a school district is responsible for unlawful acts of its employees that occur in the "course and scope of employment" but not for actions of employees taken for their own purposes. Sexual abuse of students generally has been held to be outside the "course and scope" of employment, even when committed on school grounds or while engaged in school-related activities.

However, administrators may be legally responsible for their own action or inaction in these cases. The courts generally find that negligent administration is within the "course and scope" of administrators' employment and hold both the school district and the administrator liable.