As an education expert witness who has testified on numerous of sexual abuse cases in schools, I was not shocked by the Associated Press report of the 14,000-page Boy Scout “perversion list” released on October 18 by the Oregon Supreme Court. The AP reported that authorities justified shielding scoutmasters and others accused of molesting children as “necessary to protect the good name and good works of scouting.” Their attitude allowed sexual predators to go free, the AP reported, while victims suffered in silence.

In some of the cases I have worked on, I’ve seen that school officials sometimes turn a blind eye to situations that might lead to teachers and students developing inappropriate sexual relationships. And when a discovery comes to light, it’s not unusual for schools to act in the same way as the Boy Scouts of America did — to protect the good name of the school. We’ve seen this demonstrated at Penn State, where the administration acted behind closed doors to cover up known abuse of kids.

In about 30 percent of the Boy Scout cases, police were not notified about reports of abuse that came from victims themselves or parents. Frankly, I am surprised that this figure is so low. Every state has passed a law requiring reporting of suspicion of child abuse since the federal Child Abuse Prevention and Treatment Act was enacted in 1974. But the Boy Scouts didn’t implement mandatory reporting until 2010. And even so, too many suspicions went unreported because the Boy Scouts attempted to protect its organization — demonstrating little concern for the victims.

Rush Russell, executive director of Prevent Child Abuse New Jersey, said in a recent Star-Ledger report that child abuse is called the “silent epidemic.” Because people are uncomfortable that these things go on in their families, schools, and communities, he said, the result is a collective denial. But recent attention to sex abuse cases in schools and organizations has, in my opinion, heightened awareness of the problem in a positive way. Teachers, coaches, counselors, and scout leaders must interact with children, and it’s the responsibility of those supervising these individuals to watch for anything that would cause a person to have a reasonable concern that a child is being abused. If that person has any suspicion — or is aware of any suspicion — of inappropriate behavior, then that person must report it to the appropriate child protective agency and to local law enforcement. Sometimes this puts the supervisor in an uncomfortable position, but that is the law.

The problem is that too many adults don’t stand up for kids, would rather not get involved, may not know whom to call, or simply does not know they have a responsibility to report (although any reasonable person knows it’s wrong for an adult to abuse a child). Staying out of it keeps them safe from having to report and possibly having to give a statement or testify. For some, turning a blind eye is more comfortable than taking a chance that they might need to go further to protect kids. This attitude keeps the child in danger and might even enable the predator to continue the abuse.

In many cases for which Education Management Consulting, LLC, reviews and for which I provide expert witness testimony, I discover that there was sufficient information that could have alerted an adult to the possibility that a child was being mistreated. Some of these observations were reported to another person in a school or, occasionally, to the building administrator. This is the wrong thing to do. Why?

The law requires that a person who has reasonable suspicion that a child is being abused must report to the appropriate office of child protective services — not to the school administrator first. In some cases where I have rendered an opinion that the school breached the professional standard of care, a well-meaning but certainly ill-informed teacher who observed or had a reasonable suspicion of abuse reported it to a counselor, an assistant principal, or the building principal, who in turn exercised a judgment as to whether to take the concern further. When a matter as serious as an allegation of sex abuse stops along the chain of command, it is very dangerous. It opens the school to charges of negligence or even deliberate indifference to the rights and safety of students. This is never good for the school or the student who is being abused.

Grooming process

We hear a lot about the “grooming process” of kids by adults they trust. As I told the Star-Ledger’s Mark Di Ionno, when kids are isolated, the secret activity starts. The coach who says, “I’ll give a student a ride to the game” may be a red flag for an inappropriate relationship if the child is emotionally needy and responds to the attention. Some of our cases have involved coaches who have won the affection and trust of a parent, visited the home for dinner, tutored the student, and then asked, “Is it okay to take Phil to the soccer game tonight?” And the parent thinks, “I know this is a coach and I trust her. What do I have to worry about?”

Trust me: Parents may have something to at least be aware of — if not worried about — when a relationship progresses to this point. Most parents have the best interests of their child in mind, but they also, sometimes blindly, trust the adult. Think carefully. Why does this adult want to take your child someplace? Why is the adult spending so much time with your child and no others? Does this adult have a “normal” relationship with other adults?

Take the case of a student who was missing from class on numerous occasions. In this case, for which I was the expert witness, the school did not have a rule prohibiting students and staff from being alone together. This student was leaving the classroom under a false pretense to meet a teacher and engage in sexual activity in a closet of the school auditorium. The classroom teacher had a duty to know where this student was at all times, but she unreasonably accepted the student’s explanation that the predator teacher needed her to help him with a project. The classroom teacher never talked with the other teacher after school to ask if the girl’s reason for missing class was truthful, nor did she call the teacher on the classroom phone. No one went to see where the student was, and no one checked the predator-teacher’s schedule. The behaviors of the student, classroom teacher, and the predator-teacher allowed the circumstances for sexual abuse to occur.

Can we always see what might happen or prevent an inappropriate relationship? No. But all of us — teachers, coaches, administrators, and parents — must be aware that these things can and do happen on a scale that might not be realized.

In another case I reviewed, the school administrator knew that a student left her assigned class to spend time alone and unsupervised in the classroom of another teacher during that teacher’s non-teaching time. The principal was concerned that the teacher was having students in her room at inappropriate times, and even met with her to address the issue. Still, it didn’t occur to the principal to follow through by supervising the students or the teacher, even after reprimanding the teacher for her behavior. That misstep allowed the behavior to continue.

Three months later, it was discovered that the teacher and the student were engaging in sexual behavior in the classroom. The girl’s parents sued the predator-teacher and the school for negligent supervision that, in their claim, led to their daughter being sexually abused. My analysis of this case led me to the opinion that the school breached the professional standard of care by failing to appropriately supervise the student and the teacher.

Advice for schools and agencies

Schools and agencies that supervise children and that are supposed to supervise adults who interact with children need to be diligent in their observations of relationships between children and adults. They need to be persistent in teaching children about boundaries between them and the adults they interact with — the teacher, coach, counselor, or scoutmaster. Tell kids what inappropriate behavior is. Tell them whom they should tell when something inappropriate occurs. Don’t take for granted that children know where boundaries rest. They need to be told.

Similarly, don’t take it for granted that adults know how to respond when a child initiates a relationship that might lead to inappropriate sexual behavior. They need to be told how to react to a child who is too forward and wants to tell her teacher all about her problems with her father. Set the standard and know how to respond.

Advice for parents

Does this mean that a parent should never allow his son to be with a trusted adult? No, but parents should ask questions and not simply accept that there’s no harm in a teacher asking if she can take a child to the night soccer game. Be aware of any situations between your child and a tutor at your home or a coach who comes over in the evening to talk with your child. Does any of this make you uncomfortable? Follow your instincts.

Teach your child the difference between appropriate and inappropriate behavior with adults. They need to be told. Don’t assume they know what unacceptable behavior is and whom they should tell. Create a level of trust where your child can tell you about anything that makes him feel uncomfortable.

Too many of our kids are physically and emotionally abused by the adults they and their parents trust. We all need to be educated and reminded about these things. Hopefully, by doing so, we will all help in some way to keep our kids safe.  If you are in need of assistance or advice from a sexual abuse expert please call Education Management Consulting at 609-397-8989.  We offer assistance to parents, schools and attorneys involved in sexual harassment/abuse litigation who are in need of expert witness services.