Child Sexual Abuse: Reporting Guidelines

An excerpt of the forthcoming NAIS Handbook on Child Safety by Dr. Anthony P. Rizzuto
and Dr. Cynthia Crosson-Tower.

What is sexual abuse?

Sexual abuse is defined as inappropriate adolescent or adult sexual behavior with a child. It
includes fondling a child’s genitals, making the child fondle an adult’s genitals, intercourse,
incest, rape, sodomy, exhibitionism, sexual exploitation, or exposure to pornography.

Sexual abuse may be committed by a person under age 18 when that person is either significantly
older than the victim or is in a position of power or control over the child. Sexual abuse may take
place within the family, by a parent’s boyfriend or girlfriend, or at the hands of adult caretakers
outside the family, for example, a family friend or babysitter. Adults who sexually abuse
children most often know and have a relationship with the child.

What is the role of educators in reporting sexual abuse?

Each state defines child abuse and neglect in its statutes and policies, and every state legally
mandates that educators report suspected child abuse and neglect. A mandated reporter is anyone
required by state law to report maltreatment (or suspected maltreatment) to the designated state
child protective services (CPS) agency. In addition, almost every state levies penalties against
mandated reporters who choose not to report.

Listings of all 50 state agencies designated to receive and investigate reports of suspected child
abuse and neglect, along with their websites and toll-free telephone numbers, are available from
a number of sources. For example, the Child Welfare Information Gateway, a website
maintained by the U.S. Department of Health and Human Services, maintains a current list at the
following address: www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5&rate_chno=W-00082

How should adults respond to a child who discloses abuse?

An educator faced with child disclosure may feel at a loss as to what to say. First, it is vital to
communicate several things to the child: that you are very glad that he or she told you, that you
believe him or her, and that he or she is not to blame. Whether or not you believe what the child
has said, the child has told you for a reason. Until you know why, the child must feel believed
(the number of false reports by children is negligible). It may also help the child if you
communicate that this happens to other children, and that he or she is not alone. The following
are some additional tips important when talking with the child:
  Do not let a child swear you to secrecy before telling you something. You may need
to report.

 Try to find a neutral setting where you can have quiet and few interruptions if a child
asks to speak with you.

 Do not lead the child in his/her telling. Just listen, and let the child explain in his/her
own words. Do not pressure the child for a great amount of detail.

 Respond calmly and matter-of-factly. Even if the story that the child tells you is
difficult to hear, it is important not to register disgust or alarm.

 Do not make judgmental comments about the abuser. It is often someone the child
loves or is close to.

 Reassure children that they are not at fault. Children often feel or are told that they
are to blame for their own maltreatment and for bringing “trouble” to the family.

 Do not promise the child that things will immediately get better. In reality, things may
get worse before they get better, but conveying this to the child may make him/her
more anxious.

 Do not confront the abuser. This may cause more harm to the child.

 Ask the child if he/she feels safe going home. If he/she does not, consider it an
emergency, and handle it immediately by contacting Child Protective Services (CPS)
and the local police department. Do not take the child home with you! Provisions
should be made by an appropriate agency.

 Respect the child’s confidence, and limit the number of people with whom you share
the information. The child’s privacy should be protected.

 Explain to the child that you must tell someone else to get some help. Try to let the
child know that someone else may also need to talk with him/her and explain why.

 Assure the child that you or another school staff member will be available for support
whenever possible.i

Remember that children who disclose abuse are often frightened or anxious and will need
reassurance, encouragement, and support throughout the weeks to come. You may well be in the
position to provide this support.

How do you report suspected abuse?

Likewise, all states, the District of Columbia, and U.S. territories have reporting statutes for child
abuse and neglect. The statutes outline who must report, to whom the report must be made, the
timelines for reporting, and the form and content of the report. Given the diversity of statutes,
school leaders should obtain a copy of the law in their state. To access the statutes for a specific
state or territory, visit your state’s government website, or the State Statutes Search listing on the
Child Welfare Information Gateway: www.childwelfare.gov/systemwide/laws_policies/state/.

Although all states require suspected abuse to be reported, no state requires that the reporter have
conclusive proof that the abuse or neglect occurred. Educators are not expected to be
investigators. The law clearly specifies that reports must be made when abuse is observed, or the
educator “suspects” or “has reasonable cause to believe” that a child has been or is being
harmed. Another standard frequently used is when the reporter knows of, or observes a child
being subjected to, conditions that would reasonably harm the child, the adult is required to
report. In all cases, incidents are to be reported as soon as they are noticed. Waiting for
conclusive proof may put the child at further risk, so when in doubt, report!

Administrators might fear that reports of child abuse may reflect badly on their school and that
reporting may antagonize parents. For independent schools, ongoing competition for enrollment,
high parental expectations, a necessary emphasis on fund-raising, and the role and influence of
boards of trustees may combine to create a sense of hesitation or second-guessing yourself when
faced with a situation that should very likely be reported to public authorities.

Yet, the bottom line for most parents who enroll students in independent schools, as it should be
for all of us, is the safety of the children. Child abuse cuts across all socioeconomic, geographic,
religious, and racial/ethnic segments of our country, and parents are more aware now than ever
before of its dangers. Confidence and trust in the school will justifiably increase when parents
and other constituents realize that a school takes its responsibility to protect children seriously;
takes steps to keep them informed of those efforts; trains its faculty and staff in the
responsibilities of recognizing and reporting unsafe situations; creates policies, protocols, and
tools to address early detection and effective, rapid action; and initiates and sustains a
collaborative working relationship with the community agencies in place to support abuse
prevention and child safety efforts.

What if the abuse is happening within the school?

It is extremely disturbing for most educators to consider that a colleague might be abusing
children, but it happens. A common response when a fellow educator is suspected of abuse,
especially if that person is popular or a long-term employee, is to deny, rationalize, or ignore it.
Sometimes the abuser is transferred to another school. But experience has shown that, even with
a suspension or reprimand, the violation is likely to recur in the absence of intervention and
monitoring.

If a child reports that he or she is being sexually, physically, or emotionally abused by school
personnel, school heads should remember that it takes courage for an abused child to talk to
someone. These children need special protection. After using the guidelines above to talk with
the student, your best course of action is to follow state policy and procedures, which usually
involve contacting CPS immediately. CPS personnel will interview the child or refer the
allegations to law enforcement (depending on the state’s laws) to determine if the allegation is
true and if the child knows anyone else to whom this has happened. If so, the CPS investigator
will most likely want to talk with any other alleged victims. The situation should not be
discussed among other school staff.

The alleged perpetrator has the right to know of the allegation, but the investigator (who may be
a CPS caseworker or law enforcement) rather than school personnel should talk with the
employee. Also, it is inappropriate to ask children to tell their stories in front of their alleged
abuser. There is a significant difference in power and resources between teachers and students,
and asking children to tell their story in front of the alleged perpetrator can further victimize
them.

You may also feel an obligation to protect the reputation of your employee until the allegations
are investigated thoroughly. In the interests of and for the protection of all parties concerned,
some organizations place the employee on paid administrative leave until the CPS investigative
process is complete and the allegations are substantiated or not.

Educators are trained to recognize and intervene when children are not able to benefit fully from
their educational opportunities. This training makes them uniquely qualified to detect indicators
that may signify that a child is being maltreated in some way. Further, because schools are one of
the few places in which children are seen almost daily, educators have a chance to see changes in
appearance and behavior. Everyone — from classroom teachers to guidance counselors, social
workers, nurses, psychologists, and school administrators — becomes an integral part of the
educational team to help children.

Together, we can help create safe environments for our children and protect them from child
abuse.

The NAIS Handbook on Child Safety, by Dr. Anthony P. Rizzuto and Dr. Cynthia Crosson-
Tower, is scheduled to be published in February, 2012. It includes tips for building faculty and
staff awareness of the signs and symptoms of child abuse and neglect, outlines the
responsibilities and mechanics of mandated reporting, and suggests steps for establishing
effective protocols for handling reports of abuse.
i
Cynthia Crosson-Tower, The Role of Educators in Preventing and Responding to Child Abuse
and Neglect, (Washington, D.C., U.S. Department of Health and Human Services, 2003).