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I am currently a secondary Special Education Inclusion Teacher at a middle school in New Braunfels, Tx. Upon completion of a Masters of Education in Guidance and Counseling from Angelo State University, I hope to be employed as a school counselor at the secondary level. I hope to use this Padlet research to help counselors respond when dealing with students that have dealt with any kind of sexual violence. I also hope to bring awareness by creating prevention programs for Teen Dating Violence (TDV).

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I interviewed Sara Johnson Lead Counselor at Canyon Middle School about Sexual Violence and if counselors have a response team or a system in place to help students, specifically in response to Teen Dating Violence.

https://cms.comalisd.org/apps/pages/counselors

·      Ms. Johnson stated adolescent society is confronted with a growing epidemic of sexual violence and teen dating violence which is affecting children early in age.  Children as young as 6th grade are presenting to counselors’ different scenarios that they have encountered in their young lives. Teenagers often hesitate to seek assistance due to not wanting to expose themselves on how they have been violated and feel they are at fault. Unhealthy relationships during adolescence can be disruptive to emotional development and can contribute to long term negative side effects such as depression, anxiety, substance abuse and even possible suicide. Teen Dating Violence has had a surge in today’s youth and identification of it is vital to help individuals affected.

·      Counselors should have programs set in place in their districts. If a student makes an outcry of any kind of violence that has occurred to themselves, the appropriate steps need to occur. In addition, protocols should be implemented for continuum care of the student which include can include outside counseling, involvement of local police department, and possible Child Protective Services.

·      Counselors are often faced with students wanting to keep things very confidential. What if a victim wants the counselor to keep everything confidential? If an act being disclosed is a criminal act, confidentiality does not apply. As much as counselors are confided in, the victim might not realize it is the counselor’s job to protect them. It is best practice to make sure students know the counselor’s role as a support system but also as a mandatory reporter.

·      Counselors fear the role of social media and sex trafficking. The two different topics are merging together as a dangerous situation for teenagers. School counselors are now being trained on how sex traffickers are using social media to recruit victims. Traffickers quickly target and connect with vulnerable children on social media. Social media has enabled traffickers to reach anyone no matter where you live, your economic status, or what race you are. Counselors are now bringing more training to address this topic which includes training for students, teachers, administrators, and parents.

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In the article, “Sexual Violence Among our Students: The School Counselor’s Legal Role” discusses the circumstances if one of your students comes to your office distraught and tells you of a party she was at, drank too much and is awakened by a boy forcing himself on her. As she begs for you not to tell her parents, you are thinking about your ethical role, being an advocate for her, and your legal role. As a school counselor, this is one of those drop everything and attend moments. Counselors are to prevent possible potential victims, protect school from legal liability, and provide support for the victim. Counselors instincts are to focus on the victim giving her time and bring her to a point where she wants to involve parents since she has trusted you with this information.  However, liability and legality have to be a priority and counselors must act quickly to involve administrators, law enforcement, and her parents. This article covers the basics phases of what needs to be covered for counselors when in different situations.

Stone, C. A. (2012, July 2). Sexual violence among our students: The school counselor’s legal role. ASCA School Counselor. Retrieved from: https://www.schoolcounselor.org/magazine/blogs/july-august-2012/sexual-violence-among-our-students-the-school-cou

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Prothero (2019) describes the responsibilities of principals intervening in the romantic relationships of their students that have turned abusive. The author also discusses the lack of protocols and frequency of situations when principals have to deal with Teen Dating Violence (TDV).

·      More than half of principals reported dealing with TDV and unclear on their role.

·      1 in 9 females reported being victims and 1 in 36 males reported being victims this last year.

·      96% of principals referred victims to school counselors or nurses.

·      Schools with no protocols had less discipline on perpetrators versus schools that had protocols.

·      Schools are becoming more proactive about educating students in preventing TDV.

·      Abusive relationships have a lifelong impact and many continue to be victims because no one is discipling them or educating them.

·      Schools are in a position to make a difference and have a legal responsibility to prevent or respond to TDV.

Prothero A. (2019, September 25). When teens are in violent relationships, should principals step in? Education Week. Retrieved from: http://blogs.edweek.org/edweek/rulesforengagement/2019/09/when_teens_are_in_violent_relationships_should_principals_step_in.html

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Stein and Taylor (2018) researched the high occurrences of sexual assault, which included Teen Dating Violence, and the implications of schools that are not implementing effective strategies to address this kind of violence. They spent 10 years researching school-based interventions designed to prevent Teen Dating Violence. Sexual violence has been underreported extensively and researchers indicate only 23% of all sexual assaults are reported to the proper authorities. The Centers for Disease Control did not start measuring sexual violence among teenagers until 1999. Stein and Taylor (2018) indicated prevention strategies consisted of three main components that were very effective at reducing sexual violence in teenagers.

·      Implement evidence-based effective interventions. This would be combining classroom lessons with school wide interventions programs addressing sexual harassment. This strategy would be in conjunction with other programs that have been recognized for their effectiveness including Safe Dates geared to middle schoolers, Coaching Boys to Men where coaches promote respectful behaviors, and Bystander Intervention (friends) which involve friends/acquaintances interrupting potentially harmful situation. Friends play a enormous role in disclosure of TDV and are instrumental in decision making.

·      Implement school wide interventions not just in the classroom. This program maps safe and unsafe areas of the school so that staff can make needed modifications to prevent violence, create restraining orders to protect victims, and inundate the school’s hallways, offices, classrooms with messages and posters on safe teen relationships.

·      Conducting staff training is one of the most essential of these strategies. Every single faculty and staff member need to understand the enormity of the problem sexual violence and how to implement different strategies.

Stein, N. & Taylor, B. (2018, October 4). Stop pretending sexual assault can’t happen at your school. Education Week. Retrieved from: https://www.edweek.org/ew/articles/2018/10/05/stop-pretending-sexual-assault-cant-happen-in.html

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Statutory Law

Reference: Dating Violence Policies, Texas Education Code § 37.0831 (2015).

https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=ED&level=SE&value=37.0831&date=5/22/2015

This Texas Education Code, also known as the Teen Dating Violence Statue. indicates that every school district adopts and implement a dating violence policy. The policy must include the definition of dating violence. It also includes safety planning, enforcement of protective orders, training for teachers and administrators, counseling, and awareness education for students and parents. This policy also addresses safety planning.

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Federal Judicial Law

Reference: Davis v. Monroe County Board of Education, 119 S. Ct. 1662 (1999).

https://www.loc.gov/item/usrep526629/

This case ruled that under Title IX of the Federal Education Amendments of 1972, the school board can be liable for failing to stop student on student of sexual harassment under certain circumstances. A young child was sexually harassed by another student at a middle school in Monroe County. The child complained to her teachers, principal and eventually her parent. Even after parents notified school of complaint numerous times, the student doing the harassment was not disciplined. The student being harassed requested to change seats and it was not changed until 3 months of requests. This case shows that all educators need to be able to recognize and help students to prevent any liability issues.

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Federal Statutory Law

Reference: Title IX of the Educational Amendments of 1972, 20 USC § 1681

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim

This is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that received federal funding. It originally generated to address the imbalance of men and women in athletics but it has developed to protect many aspects in education including protection from gender discrimination, sexual harassment, sexual assault, and rape. A violation of this law means a school could risk losing its federal funding.

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Federal Statutory Law

Reference: Violence Against Women Reauthorization Act of 2005, 42 U.S.C. §§ 13701 (2005).

https://uscode.house.gov/statutes/pl/109/162.pdf

The original Violence Against Women Act (VAWA) of 1994 was the first federal law to end violence against women. It recognized the severity of domestic violence, sexual assault, and stalking and enacted legislation to protect victims of gender-based violence. VAWA requires reauthorization every five years which in 2005, it expanded grant programs to address teen dating and sexual violence and gave school counselors resources for young victims.

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SLIDE 10 LOCAL ADMINISTRATIVE LAW/POLICY RULES

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SLIDE 10 LOCAL ADMINISTRATIVE LAW/POLICY RULES

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The Comal Independent School District Parent Student Handbook (2019) describes dating violence as physical, sexual, verbal or emotional abuse to harm, threaten, intimidate, or control the other person in the relationship. This type of conduct is considered harassment if it is so severe that it affects the student’s capability to participate in or benefit from an educational program. Any student who has experienced dating violence should immediately report the problem to a teacher, school counselor, principal, or other district employee. The report may be made by the students’ parents. The district will respect the privacy of the students; however, limited disclosures may be necessary to conduct a thorough investigation and to comply with law. The district will promptly notify parents of any student alleged to have experienced any prohibited conduct.

Comal Independent School District Parent Student Handbook (2019, August). (pp34-37). Retrieved from https://4.files.edl.io/348c/07/02/19/125814-87271b68-5e81-4b34-b200-dcc050a56d53.pdf

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According to the ASCA Ethical Standards for School Counselors (2016), school counselors report all incidents of sexual violence to the administration. School counselors provide services to victims and perpetrators as appropriate, which may include a safety plan and reasonable accommodations such as schedule change. School counselors defer to administration for all discipline issues for this or any other federal, state or school board violation. If

American School Counselor Association (2016), ASCA Ethical Standards for School Counselors. Alexandria, V.A. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Carlos et al., (2017) emphasize the importance of positive relationships students have with teachers, counselors, and administrators to decrease Teen Dating Violence (TDV). School is a privileged setting for adolescents because it is the first environment where young people form identities apart from families, so it is essential for school personal to know the signs of TDV and be able to have open communications with students. Often, students have relationships with staff and disclose TDV; therefore, it is essential school staff know how to address.

TDV can be prevented or reduced by engaging multiple stakeholders with multiple approaches. Parents, friends, and school staff can all be positive influences on adolescents and reduce risk.  Because we know the extreme importance of all relationships in an adolescent’s life, strategies can now be implemented in intervention and prevention strategies.

Carlos, D. M., Campeiz, A. B., da Silva, J. L., Domingues Fernandes, M. I., da Cruz Leitão, M. N., Iossi Silv, M. A., & Carvalho Ferriani, M. das G. (2017). School-based interventions for teen dating violence prevention: integrative literature review. Revista de Enfermagem Referência, 4(14), 133–145. https://doi-org.easydb.angelo.edu/10.12707/RIV17030

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·      School counselors, administrators, teachers, and all educational staff involved need to be able to recognize the signs of Teen Dating Violence (TDV). TDV can be in physical form but can also be sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control the other person in the relationship.

·      School counselors need to be extensively versed on the laws regarding confidentiality. Students often confide in counselors regarding numerous different matters. Counselors have to be able to differentiate between what can be kept confident and what needs to be escalated. When a crime has been committed, confidentiality no longer applies and the necessary staff and organizations need to be notified.

·      Social media is currently playing a more prominent role in TDV and the laws are ever changing because it is not addressed in previous laws.  Even though the laws and technology are changing constantly, social media can also be used as a tool for evidence if needed. Databases are able to retrieve information from devices even if it has been deleted or destroyed.

·      School districts need to be proactive when dealing with TDV and can do this by educating. Inundating the school’s hallways, offices, classrooms with messages and posters of examples of what a safe relationship should be. Implement lessons into the classroom that address all forms of sexual harassment and assault. Create programs that have mentors, layout different processes for victim and perpetrators to get help, and also show the numerous resources that are available.

·      Friends continue to play a significant role in TDV because most victims will disclose to friends in their social circles. Disclosure of abuse is imperative to stop the abuse. Victims that do not disclose abuse is usually due to embarrassment, safety, social reactions, self-blame, and feeling of powerlessness in a patriarchal culture. Friends are considered most helpful and can be the most impactful in TDV situations. Counselor’s may also want to consider programs can be improved by adding a specific component devised strictly for friends on how to better support victims of TDV.