Educators have responsibility to students

By Katie Mulholland

Certain types of adult misconduct are particularly egregious when it comes to students.

Misconduct that preys on the innocence, naiveté, or the mental capacity of a student, no matter the student's age, is wrong. Misconduct that employs manipulation, coercion, or force against a student is wrong. Misconduct that takes advantage of a trusted relationship is wrong.

Being an educator in the United States comes with the endowment of generations of American schooling: The belief that adults in the school value each and every student as a precious resource to be respected, nurtured, taught and shaped into adulthood.

So, what do school districts do when an employee is suspected of sexual misconduct with a student?

The first concern is for the student and the school district's job is to protect and find safety for that student, if at all possible. Administrators also must responsibly find all of the facts of the situation. This involves investigating, interviewing, contacting law enforcement, consulting attorneys, and communicating confidentially with key people, including the student's parents.

When the facts have been assembled with relative certainty of completeness and accuracy, administrators have to make a number of decisions on next steps: Support for the student, report of the incident and to whom, and personnel actions focused on the safety of the student. This may include putting the employee on paid administrative leave.

Support for the student includes, of course, his/her safety while at school. It may also include school-based or community counseling and family unit support. Parents take the lead in determining how their student is supported.

Reporting of the incident and provision of collected facts depends on the severity of the misconduct. For example, if the misconduct was a single incidence of suggestive language, the disciplinary action and report may be kept internally and handled following the guidelines in the sexual harassment policy.

However, if the misconduct was a single serious incident, or ongoing and/or escalating behavior, and was considered to be criminal, the reports would be given to law enforcement. Notification of the situation, pending the outcome of law enforcement action, would then be forwarded to the appropriate licensing agency.

In the case of the second example, often law enforcement is involved simultaneously to the district's internal personnel investigation.

Due process for the adult is also critical. Administrators depend on law enforcement and legal counsel for advice to determine appropriate action.

When school districts have to deal with adult misconduct involving a student, countless hours are spent intensely deliberating on what is best for the student while following law, policy and code. But, make no mistake, districts do strive to resolve the situation and initiate the appropriate reporting and personnel actions as quickly as possible. Educators know the student cannot wait to recover.

Katie Mulholland is superintendent of Linn-Mar schools in Marion.