The fine line of sexual misconduct.A newly released U.S. Department of Education study on sexual abuse in schools is drawing criticism from some educators who say it doesn't distinguish serious sexual abuse crimes from inappropriate remarks and may foster misperceptions about the extent of the problem. Written by Hofstra University Hofstra University (hŏf`strə, hôf`–), at Hempstead, N.Y.; coeducational. Founded as a division of New York Univ. in 1935, it became independent in 1940, and its name was changed to Hofstra College. professor Charol Shakeshaft, the report, Educator Sexual Misconduct sexual misconduct Professional ethics Any behavior that violates a health professional's ethics through sexual contact of physician and his/her Pt. See Professional boundaries. , synthesizes material from past studies, reports, books and newspaper clippings. She concludes that 9.6 percent of students--about 4.5 million--are the targets of unwanted sexual attention by school employees sometime during their school years. The findings were based on nine previous studies, including the 1993 American Association of University Women ''This article or section is being rewritten at The American Association of University Women (AAUW) advances equity for women and girls through advocacy, education, and research. report, Hostile Hallways. Shakeshaft says her findings indicate that sexual misconduct and abuse in schools "is more prevalent than people think, no matter the exact numbers." But some education officials say the report does not distinguish sexual misconduct from more serious crimes of physical sexual abuse. "Unfortunately the numbers aren't broken out to see if we have a big problem of serious misbehavior or a lot of smaller items, such as a misunderstood joke by a teacher," says John Mitchell, deputy director of educational issues for the American Federation of Teachers American Federation of Teachers (AFT), an affiliate of the AFL-CIO. It was formed (1916) out of the belief that the organizing of teachers should follow the model of a labor union, rather than that of a professional association. . Shakeshaft says she based her report on the definition of sexual harassment sexual harassment, in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes. in Title IX, which includes anything from showing students pornography to rape. She says she was surprised by some of the comments about the report commissioned by the education department as part of its No Child Left Behind regulations. Schools often don't sufficiently investigate allegations that do surface, she says. "I studied 225 cases of teachers sexually abusing kids, and in the majority of cases, teachers didn't lose their jobs and most didn't get reprimanded," Shakeshaft says. But Gregory Lawler, attorney for Colorado Education Association who co-wrote Guilty Until Proven Innocent: Teachers and Accusations of Abuse, says the pendulum has actually swung the other way with mandatory reporting mandatory reporting The obligatory reporting of a particular condition to local or state health authorities, as required for communicable disease and substance abuse Infectious disease State boards of health maintain records and collect data resulting from MR of laws. "The laws create a shield for students and the shield has become a sword," he says. "Anytime a student makes an allegation The assertion, claim, declaration, or statement of a party to an action, setting out what he or she expects to prove. If the allegations in a plaintiff's complaint are insufficient to establish that the person's legal rights have been violated, the defendant can make a against a teacher, even the craziest of allegations, a teacher for the most part gets suspended from the classroom." |
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