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As a school counselor, my professional perspective will focus on promoting the holistic well-being and academic success of my students by addressing their emotional, social, and mental health needs (American School Counselor Association [ASCA], n.d.). Educators, counselors, school administrators, and policymakers who are committed to creating safe and supportive school environments are the target audience for this presentation. I chose the topic of preventing sexual violence in our schools because sexual violence is unfortunely often underreported and has profound and long-lasting effects on students' lives, and it is crucial for educators to be informed about the legal frameworks and best practices for prevention and intervention (Centers for Disease Control and Prevention [CDC], 2022).

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Preventing sexual violence in high schools is extremely important in the field of education because it directly affects students' safety, mental health, and ability to learn (CDC, 2022). Educators and counselors play a critical role in identifying, preventing, and addressing incidents of sexual violence, which can create a safer, more supportive and conducive learning environment for all students (ASCA, n.d.). This legal guide aims to equip educators and counselors with knowledge about relevant laws and policies, helping them to respond effectively to incidents and provide research-based support to affected students (Texas Education Agency, 2021).

An emerging issue related to this topic is the increasing use of digital platforms (social media especially) by students, which has led to a rise in online sexual harassment and exploitation (Patchin & Hinduja, 2020). As technology continues to evolve, educators and other school stakeholders must stay informed about new forms of digital sexual violence and the legal implications. Monitoring developments in legislation and digital safety practices will be crucial in adapting to these changes and ensuring comprehensive protection for students (Hinduja & Patchin, 2020).

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American School Counselor Association (ASCA)

Citation: American School Counselor Association. (n.d.). Position statements. Retrieved from https://www.schoolcounselor.org/Standards-Positions/Position-Statements

ASCA provides position statements and resources related to the role of school counselors in addressing sexual violence. These resources offer guidelines and best practices for creating safe school environments, responding to incidents, and supporting affected students. The position statements emphasize the importance of prevention education and the counselor's role in advocating for student safety and well-being.

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An article published by Education Week in 2021 reported that as students began returning to in-person learning after the COVID-19 pandemic eased, schools faced a significant rise in reports of sexual harassment. This increase presented numerous challenges for schools, particularly for counselors who were trying to manage and address these reports efficiently and effectively to ensure student safety. The article highlighted the importance of having clear policies and comprehensive training for staff to handle such incidents appropriately. Additionally, it showed the critical need for ongoing vigilance and improved prevention strategies to address the rising cases of sexual harassment in educational settings.

Reference:
Blad, E. (2021, September 29). Schools face rising sexual harassment reports as students return. Education Week. Retrieved from https://www.edweek.org/leadership/schools-face-rising-sexual-harassment-reports-as-students-return/2021/09

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A Washington Post article from 2022 covered the challenges many schools face in complying with Title IX requirements regarding the handling of sexual misconduct cases. This article highlights the complexities of Title IX compliance and the difficulties that schools can encounter when trying to implement these guidelines effectively. The author emphasizes the need for better training and resources for school administrators and staff to ensure proper handling of sexual misconduct cases. This compliance is essential for protecting students and maintaining a safe and supportive educational environment.

Reference:
Strauss, V. (2022, February 10). Schools struggle with Title IX compliance in handling sexual misconduct cases. The Washington Post. Retrieved from https://www.washingtonpost.com/education/2022/02/10/title-ix-compliance-schools-sexual-misconduct/

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Title IX of the Education Amendments of 1972

1. Reference List Citation: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681

2. Source of Law: Statutory

3. Link to the Full Text: https://www.justice.gov/crt/title-ix-education-amendments-1972

4. Brief Summary: Title IX prohibits sex discrimination in any education program or activity that receives financial assistance or funding from the federal government. Title IX is relevant to this topic because it also includes protection against sexual harassment and assault in public schools. Public schools in the United States are required to respond quickly and effectively to all reports of sexual violence, ensuring that all students have access to a safe educational environment.

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The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)

1. Reference List Citation: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f).

2. Source of Law: Statutory

3. Link to the Full Text: https://www.govinfo.gov/content/pkg/FR-2014-10-20/pdf/2014-24284.pdf#page=33

4. Brief Summary: The Clery Act requires all colleges and universities that receive federal funding to publicly disclose all information about crime on and around their campuses, including incidents of sexual violence. It also provides prevention and awareness programs for the schools to implement. While this act is not specifically targeted to high schools, it is still relevant for counselor and students to be aware of as they transition from high school to college. The law is not specifically going to address issues on a high school level but does provide a legal framework for public school counselors to follow as they advise high school aged students on this matter.

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Texas Education Code § 37.0831

3. Reference List Citation: Tex. Educ. Code § 37.0831.

4. Source of Law: Statutory

5. Link to the Full Text: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

6. Brief Summary: This law requires Texas public schools to adopt and implement a dating violence policy. The schools can write the policy themselves and make it specific to their campus(es) but are required to include a definition of dating violence, a means of addressing safety planning, a method of enforcing protective orders, and a general outline for procedures related to providing information to students and parents.

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Texas Penal Code § 22.011

3. Reference List Citation: Tex. Penal Code § 22.011.

4. Source of Law: Statutory

5. Link to the Full Text: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm

6. Brief Summary: This Texas state law defines sexual assault and outlines the penalties for offenders. Teachers, counselors, and other school staff members should read and understand this law to be able to identify behaviors that constitute sexual assault and to ensure that the school is following the proper legal reporting guidelines on how to handle these incidents within schools.

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Austin Independent School District (AISD) Student Code of Conduct

Reference List Citation: Austin Independent School District. (2023). Student Code of Conduct, 2023-2024.

Source of Law: Administrative

Link to the Full Text: https://www.austinisd.org/sites/default/files/dept/family-support/Student-Success-Guide-2023-24-Eng_1.pdf

Brief Summary: The AISD Student Code of Conduct outlines their district-specific policies regarding student behavior, including their no tolerance policy for sexual harassment and violence. The code of conduct outlines the steps the district takes to prevent and address such incidents, including disciplinary actions for offenders and support services for victims.

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One critical aspect of the American School Counselor Association's (ASCA) Ethical Standards for School Counselors is the responsibility to “promote the welfare of individuals and groups with whom they are working” (ASCA, 2016). This principle is directly related to the topic of preventing sexual violence in high schools, as school counselors must ensure the safety and well-being of students. By addressing and preventing sexual violence, counselors uphold this ethical standard, creating a secure and supportive environment for all students.

Reference:
American School Counselor Association. (2016). Ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/getmedia/44f25007-38f8-4d7b-8f4f-725c40f26dfb/Ethical-Standards.pdf

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An excellent resource for school counselors on the topic of preventing sexual violence is the book The Prevention of Sexual Violence: A Practitioner's Sourcebook by Keith Kaufman. This comprehensive guide provides practical strategies and insights for school staff and stakeholders to prevent sexual violence on their campus. It covers a wide range of topics, including risk factors, prevention programs, and intervention strategies, making it a valuable resource for educators looking to enhance their knowledge and skills in this area.

Reference:
Kaufman, K. L. (Ed.). (2010). The prevention of sexual violence: A practitioner's sourcebook. NEARI Press. Retrieved from https://www.nearipress.org/products/prevention-of-sexual-violence

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Slide 13: Recommendations/Best Practices for Compliance

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Slide 13: Recommendations/Best Practices for Compliance

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Implement Comprehensive Training Programs to ensure all staff, including teachers and administrators, receive regular training on identifying, preventing, and responding to sexual violence and harassment in schools.

Develop Clear Reporting Mechanisms for students and staff to report incidents of sexual violence. Ensure anonymity and protection against retaliation for those who report.

Enforce Title IX Compliance by responding promptly to complaints, conducting thorough investigations, and taking appropriate disciplinary actions to address and prevent sexual violence.

Promote Student Awareness and Education through the integration of comprehensive education on consent, healthy relationships, and bystander intervention into the school curriculum to empower students with knowledge and skills to prevent sexual violence.

Provide Support Services for Victims, such as access to counseling, medical care, and legal assistance. Create a supportive environment where victims feel safe and respected.

Establish a Safe School Environment that prioritizes safety, respect, and inclusivity. Implement policies that promote positive behavior and address issues such as bullying and harassment.

Engage Parents and Community Partners to create a comprehensive support network for students. Provide resources and training for parents to help them address these issues at home.

Monitor and Evaluate Policies to assess the effectiveness of school policies and programs related to sexual violence prevention and response. Make necessary adjustments based on feedback and changing legal requirements.

Ensure Confidentiality and Privacy of all parties involved in sexual violence reports and investigations. Maintain secure records and limit access to sensitive information.

Stay Informed on Legal Updates in federal, state, and local laws regarding sexual violence in schools. Ensure that school policies and practices comply with the latest legal standards and guidelines.

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American School Counselor Association. (2016). Ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/getmedia/44f25007-38f8-4d7b-8f4f-725c40f26dfb/Ethical-Standards.pdf

American School Counselor Association. (n.d.). Position statements. Retrieved from https://www.schoolcounselor.org/Standards-Positions/Position-Statements

Austin Independent School District. (2023). Student Code of Conduct, 2023-2024. Retrieved from https://www.austinisd.org/sites/default/files/dept/ethics/docs/Student_Code_of_Conduct_2023-2024.pdf

Blad, E. (2021, September 29). Schools face rising sexual harassment reports as students return. Education Week. Retrieved from https://www.edweek.org/leadership/schools-face-rising-sexual-harassment-reports-as-students-return/2021/09

Centers for Disease Control and Prevention. (2022). Sexual violence: Prevention strategies. Retrieved from https://www.cdc.gov/violenceprevention/sexualviolence/prevention.html

Hinduja, S., & Patchin, J. W. (2020). Cyberbullying: Identification, prevention, and response. Retrieved from https://cyberbullying.org/cyberbullying-identification-prevention-response

Kaufman, K. L. (Ed.). (2010). The prevention of sexual violence: A practitioner's sourcebook. NEARI Press. Retrieved from https://www.nearipress.org/products/prevention-of-sexual-violence

Patchin, J. W., & Hinduja, S. (2020). Trends in online harassment among youth. Journal of Adolescent Health, 67(4), 458-464. Retrieved from https://www.jahonline.org/article/S1054-139X(20)30043-7/fulltext

Strauss, V. (2022, February 10). Schools struggle with Title IX compliance in handling sexual misconduct cases. The Washington Post. Retrieved from https://www.washingtonpost.com/education/2022/02/10/title-ix-compliance-schools-sexual-misconduct/

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f). Retrieved from https://clerycenter.org/policy-resources/the-clery-act/

Texas Education Agency. (2021). Guidance on addressing sexual harassment in schools. Retrieved from https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/guidance-on-addressing-sexual-harassment-in-schools

Texas Education Code § 37.0831. Retrieved from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Penal Code § 22.011. Retrieved from https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.011

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. Retrieved from https://www.justice.gov/crt/title-ix-education-amendments-1972