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This is a legal guide from the perspective of school counselors for use by school counselors and other school personnel.
The topic of this legal guide is sexual abuse prevention and response, and I chose this topic because it is subject matter that is often uncomfortable to talk about, but that is an unfortunate reality for many young students in our schools.  It is a particularly important subject to address as there were recent changes made by the Department of Education to the Title IX provisions of the Education Amendments of 1972 prohibiting sexual harassment (U.S. Department of Education, 2020).

Reference:

U.S. Department of Education. (2020, August 14). U.S. Department of Education Launches New Title IX Resources for Students, Institutions as Historic New Rule Takes Effect [Press release]. https://www.ed.gov/news/press-releases/us-department-education-launches-new-title-ix-resources-students-institutions-historic-new-rule-takes-effect

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According to Mandy Abernathy, a 22-year veteran school counselor and current Region 16 Education Support Center Counseling Mental Health Specialist,  the topic of sexual abuse for school counselors is important because it is an issue that many young students are facing. School counselors will be tasked with how to respond to reports of sexual abuse as well as designing and implementing prevention programs for students. Teaching students to identify sexual abuse and to understand boundaries at an early age helps to potentially prevent sexual abuse among students later (M. Abernathy, personal communication, September 24, 2020). Abernathy identified the topic of sexting as a big issue that is currently taking place in the high schools and impacting the work of school counselors increasingly each year. She highlighted the importance of educating students on the various laws regarding sexting in conjunction with lessons on healthy relationships and consent. Abernathy also acknowledged the new rules and resources issued by the Department of Education as something to be looking into and researching for educators and school counselors. When asked to identify school counselors’ best practices for sexual abuse prevention and response, Abernathy stated

·         Implementation of research-based programs into the curriculum and integrated into the overall school culture.

·         Training all educators and school personnel on sexual abuse programs and utilize a common language addressing sexual abuse prevention and response.

·         Reporting.

·         Consistent and strict protocol for response.

Mandy Abernathy:

https://www.esc16.net/upload/page/6921/docs/Abernethy%20Profile%202020.pdf

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In a blog posted on the American School Counselor Association website, Stone (2012) reflects on the importance of responding swiftly and correctly when sexual abuse happens to students and outlines the role of the school counselor through an example of an assault involving a student named Whitney. Stone (2012) focuses on the important balancing act of acting as an advocate for the student and following federal guidelines when it comes to reporting abuse.

Stone, C. (2012, July 1). Sexual violence among our students: The school counselor’s legal role. American School Counselor Association. https://www.schoolcounselor.org/magazine/blogs/july-august-2012/sexual-violence-among-our-students-the-school-cou

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Sawchuk (2019) addresses the issues of sexual abuse in schools and identifies the Title IX compliance issues faced by Chicago Public Schools. The article discusses:
·         Findings of an uptick of sexual harassment across public schools in the United States.

·         Chicago public school officials' failure to investigate complaints of sexual misconduct and in some cases even displayed indifference toward acts of sexual violence.

·         ways that districts can be more proactive through training and designating a specific Title IX coordinator.

Sawchuk, S. (2019, September 24). Are schools prepared to respond to sex abuse? Latest probe reveals shortcomings. Education Week. https://www.edweek.org/ew/articles/2019/09/25/sex-abuse-probe-exposes-wider-title-ix.html

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In the article titled We’re teaching consent all wrong, Sparks (2019) discusses the lack of education that our children are receiving in regard to consent. The article discusses:

·         Research showing a failure in teaching young people about healthy relationships.

·         The lack of requirements by many states to teach consent.

·         Studies revealing the importance of teaching consent as a life skill not just in the context of sex.

Sparks, S. D. (2019, January 8). We’re teaching consent all wrong. Education Week. https://www.edweek.org/ew/articles/2019/01/09/were-teaching-consent-all-wrong.html

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The 14th amendment of the U.S. Constitution established equal protection under the law (U.S. Const. amend. XIV). This law granted that all people must be treated equally regardless of their race. While not directly listed in the original amendment, this constitutional law provides the framework for later litigation regarding the protection of rights on the basis of gender and sexual orientation.

U.S. Const. amend. XIV
https://constitution.congress.gov/constitution/amendment-14/

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The Education Amendments of 1972, known as Title IX, prohibited discrimination on the basis of sex in education programs (86 stat. 235). This act laid the groundwork for including later provisions prohibiting sexual harassment.

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq
https://uscode.house.gov/view.xhtml?req=(title:20%20section:1681%20edition:prelim)%20OR%20(granuleid:USC-prelim-title20-section1681)&f=treesort&edition=prelim&num=0&jumpTo=true

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Davis v. Monroe County Board of Education (1999) was a case in which the U. S. Supreme Court ruled that under Title IX of the Federal Education Amendments (1972), school boards are liable for failing to stop sexual harassment between students under certain circumstances if it is serious enough to have the effect of denying the victim equal access to an education program.

Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999)

https://supreme.justia.com/cases/federal/us/526/629/case.pdf#:~:text=Cite%20as%3A%20526%20U.%20S.%20629%20%281999%29%20633,private%20cause%20of%20action%20under%20the%20statute.%20The

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Beginning on page 43 of the student handbook, Amarillo Independent School District (2020) outlines the district policies regarding dating violence, discrimination, harassment, and retaliation. The Amarillo Independent school district prohibits inappropriate and offensive behaviors that are based on a person’s sex or gender. Students are expected to treat students with courtesy and respect (Amarillo Independent School District, 2020).

Amarillo Independent School District. (2020). Student handbook. Amarillo, TX: Author
https://s3.amazonaws.com/scschoolfiles/2183/student_handbook_20-21_web_rev_091020.pdf

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According to the ASCA code of ethics, school counselors are to report any incidents of dating violence and sexual harassment to the administration. School counselors may provide services to victims and perpetrators including schedule changes and safety plans, but discipline issues are deferred to the administration (American School Counselor Association, 2016, Section A.11.a).

American School Counselor Association. (2016). ASCA ethical standards for school counselors. Alexandria, VA: Author. https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Administrative regulations related to nondiscrimination on the basis of sex in education are located in Title 34, section 106 of the Code of Federal Regulations (34 C.F.R 106). New regulations recognize that sexual harassment, including sexual assault, is unlawful sex discrimination.

34 C.F.R. 106
https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html

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Loveisrespect.org is an informational website about dating violence. This website is useful for school counselors creating prevention programs for educating students. The website includes a variety of useful resources and materials with information on consent, healthy relationships, abuse, and sexual assault. It also offers free and confidential chat, text, and phone services for young people who have questions or concerns about healthy, unhealthy, or abusive relationships ("About lovisrespect", 2017).

About Loveisrespect. (2017). https://www.loveisrespect.org/about/

https://www.loveisrespect.org/

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Slide 13: List of Recommendations for School Counselors

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Slide 13: List of Recommendations for School Counselors

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·         Implement a research-based program to educate students about sexual abuse and integrate the program into the day-to-day school culture and routines.

·         Train all educators and school personnel on sexual abuse, signs and indicators of abuse, and proper response utilizing a common language.

·         Remove any barriers to reporting by creating clear protocols for reporting abuse among students and staff.

·         Develop and implement consistent protocols for response to allegations.

·         Report any allegations and suspected cases of sexual abuse to the Department of Family and Protective Services.

·         Communicate any incidents of sexual abuse among students to school administration and law enforcement as needed.
·         Advocate for the victim and offer services such as a safety plan and schedule changes  for the victim or perpetrator to allow for a learning environment free of fear or discomfort.