Risk Control Bulletins

Date:	October 28, 2003
To:	Trust Members
From:	Jim deSpelder, Risk Manager
Re:	Preventing Sexual Molestation In Schools (Note: Documents displaying the logo are in PDF Format and require the FREE Adobe® Acrobat® Reader.)

Background

An analysis of national legal trends reveals that sexual molestation claims are one of the fastest growing claims.  United Educators, a liability reinsurer for education, recently reported that sexual molestation claims constitute about 50% of their claims and 25% of their expenses among their K-12 insureds. 

Molestation is defined as noncoital sexual activity between a child and an adolescent or adult; it can include viewing sexual materials, genital or breast fondling, or oral genital contact (from the American Academy of Pediatrics).

Analysis

Molestation is an emotionally charged topic that can be as difficult to discuss as to prevent.  The stark reality is that it violates moral codes of trust and societal expectations of responsible adult behavior.  It impacts the physical, emotional and mental condition of a child for the rest of their life.  It is a wrongful act, recognized both civilly and criminally, and is classified as deviate social behavior.  The child is harmed and society is harmed – we all become worse off because of it.

Surprisingly, contrary to national trends, molestation claims in the Trust have been relative few to date. Consequently, the few have had little impact on our overall claim experience.  However, staff will be the first to point out that the lack of claim activity does NOT mean that there is a lack of sexual molestation incidents occurring at our member schools.  It could mean that it is not just known or being reported.  Whatever the reasons for the low rate of incidents within the Trust, members should be prepared to prevent, recognize and respond to potential molestation incidents.

Therefore, staff is proud to provide to members a resource for addressing molestation incidents.  Enclosed is a document entitled, Policy Guidance: Preventing Molestation in Schools.  The document was developed by a national panel including Trust staff that was convened by United Educators Insurance Company to develop policy guidance for educational entities.  Most of our members already have policies addressing molestation.  This document will help you perform a risk management review of your current policy.

Recommendation

1. Read Policy Guidance: Preventing Molestation in Schools.

2. Consider convening a group of key administrators to review the document and update current institution policies and procedures consistent with the recommendations in the document.  Key administrators would include those persons who oversee groups of people having contact AND access to children.

3. Consider training opportunities for staff.

4. Conduct criminal record checks of volunteers.  However, do not RELY on the checks as your sole source for identifying potential molesters.  Recent studies estimate that only one in 10 molesters have a criminal record.

5. Distribute this document and/or your policy to staff.

Enclosed are 10 copies of Policy Guidance: Preventing Molestation in Schools for distribution.  Minimum suggested recipients include:

• Superintendent

• Administrator responsible for volunteer programs

• Athletic Director

• Administrator responsible for transportation

• Human Resource Personnel

• Administrator responsible for student activities

Additional copies are available upon request.

Please call should you have any questions.