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The perspective of this presentation is from that of a guidance counselor at Hastings High School in Alief ISD. The primary audience for the information is fellow guidance counselors within the department and other concerned stakeholders within Hastings High School.

The topic of sexual violence prevention and response is an important issue and guidance counselors are required to be well informed of the legal and ethical guidelines imposed on the profession. Research indicates that 44% of reported sexual assault cases involve a victim under 18 years of age (Stone, 2012). This statistic underlines the role of counselors as front-line responders to this epidemic, and the need for professional education.

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

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The topic of sexual violence is an important issue for guidance counselors and requires immediate action to prevent further risk or harm to the student (M. Spaulding, personal communication, December 4th, 2019). As stated by Spaulding, counselors have an ethical duty to act in the best interest of the student and a legal obligation to report suspected cases of violence to CPS and the police, as needed (M. Spaulding, personal communication, December 4th, 2019). Students need to feel communication with their counselor is safe and counselors are required to inform students that all conversations are confidential, except in cases where a student may harm themselves, someone else, or know of someone that is being harmed (M. Spaulding, personal communication, December 4th, 2019). While this topic is a serious concern for professionals in the field, Spaulding stated that often sexual violence is not an isolated student issue and can present with a myriad of student issues from suicidal thoughts to cutting (M. Spaulding, personal communication, December 4th, 2019).

Spaulding states the three best practices specifically related to the topic of sexual violence are:

1.      Ensure ethical guidelines are met by informing the student of the confidentiality guidelines

2.      Appropriate action is taken, and necessary resources notified to include Child Protective Services, police and the administration as needed, and parents

3.      Constant communication and follow-up with the student to ensure the student’s needs are being met (M. Spaulding, personal communication, December 4th, 2019).

An emerging issue is the impact of the Me Too Movement on sexual violence incident reporting. The news spotlight on the movement and high profile arrests have led to an increase in sexual violence reports (M. Spaulding, personal communication, December 4th, 2019). Spaulding stated it was too early to know if this trend will continue, but victims have been empowered by the movement and reports of sexual harassment or assault have increased since this time last year (M. Spaulding, personal communication, December 4th, 2019).

Interviewee – Mary Spaulding, Guidance Counselor, Hastings High School
https://www.aliefisd.net/Page/7954

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The American School Counselor Association (ASCA) is a professional organization that provides support for school counselors (American School Counselor Association , 2019). The organization provides education for counselor and sets guideline for professional standards (American School Counselor Association , 2019).  The objective of the ASCA is to provide the support necessary for school guidance counselors to be effective change agents for their students and promote student growth and achievement (American School Counselor Association , 2019).

American School Counselor Association. (2019). American School Counselor Association . Retrieved from: https://www.schoolcounselor.org/

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An article entitled Student Victims of Trauma and the Laws Protecting Them was published in the School Counselor Magazine and states:

·         The law mandates that all educators must report suspected abuse or be subject to possible criminal prosecution

·         School Counselors should remain objective and seek guidance from superiors or fellow counselors to assure best practices

·         Students need to feel safe and secure to perform in their environment (Stone, 2017).

Stone, C. (2017). Student victims of trauma and the laws protecting them. Retrieved from: https://www.schoolcounselor.org/magazine/blogs/january-february-2017/student-victims-of-trauma-and-the-laws-protecting

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An article entitled Responding to and Preventing Sexual Violence Must be Higher Priority for K-12, Experts Tell Lawmakers published in Education Week and states:

·         The Trump administration’s efforts to rescind and rewrite the civil rights guidance regarding Title IX could lead to a diminished effort protecting victims of sexual assault in K-12 settings

·         More action at the federal level is needed to ensure continued emphasis on sexual assault prevention in the educational setting

·         Clear guidelines are needed within schools for students to understand reporting procedures (Blad, 2017).

Blad, E. (2017). Responding to and preventing sexual violence must be higher priority for K-12, experts tell lawmakers. Retrieved from: http://blogs.edweek.org/edweek/rulesforengagement/2017/10/responding_to_and_preventing_sexual_violence_must_be_higher_priority_for_k-12_schools_experts_tell_l.html

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Title IX of the Education Amendments of, 20 U.S.C. §1681 et seq. (1972) (Statutory)

https://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.pdf

·         The law states the school must respond promptly to any reports of sexual harassment or assault and must take immediate action to prevent the reoccurrence and address the effects of the incident (20 U.S.C. §1681 et seq., 1972).

·         Every school must have a published policy on the issue and have a designated Title IX coordinator identified (20 U.S.C. §1681 et seq., 1972).

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Texas Penal Code § 42.07 (Statutory) – https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm

·         The Texas penal code stipulates that a crime is also committed when a perpetrator engages in harassment that is obscene, defined as an offensive suggestion or offer to commit a sexual act (Tex. Pen. Code § 42.07).

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Alief ISD. (2019). Alief ISD school handbook and code of conduct. Houston, TX: Alief ISD. (Administrative) – https://docs.google.com/viewerng/viewer?url=https://www.aliefisd.net//cms/lib/TX01917308/Centricity/Domain/1227/StudentHandbookEnglish20190906.pdf

·         Alief ISD states in the student handbook that all forms of discrimination on the basis of sex, to include sexual harassment, will not be tolerated and complaints must be resolved within ten days from the time the incident is first reported (Alief ISD, 2019, p. 12).

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AB v. Rhinebeck Central School District, 224 F.R.D. 144, (S.D.N.Y, 2004) (Judicial) – https://www.justice.gov/crt/case-summaries

·         The complaint filed by the victims stated that the principal, Mawhinney, sexual harassed four students and an employee

·         The district administrators were made aware of the harassment and did not take appropriate steps to address the complaints

·         The court found the district has failed to protect the students and employee under the Title IX legal requirement and the district was ordered to create a comprehensive plan that enforced a discrimination-free environment (224 F.R.D. 144, S.D.N.Y, 2004).

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Alief ISD. (2019). Alief ISD school handbook and code of conduct. Houston, TX: Alief ISD. (Administrative) – https://docs.google.com/viewerng/viewer?url=https://www.aliefisd.net//cms/lib/TX01917308/Centricity/Domain/1227/StudentHandbookEnglish20190906.pdf

·         Alief ISD states in the student handbook that all forms of discrimination based on sex, to include sexual harassment, will not be tolerated (Alief ISD, 2019, p. 12).

·         Complaints must be resolved within ten days from the time the incident is first reported (Alief ISD, 2019, p. 12).

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“Collaborate with all relevant stakeholders, including students, educators and parents/guardians when student assistance is needed, including the identification of early warning signs of student distress” (American School Counselor Association, 2019).

·         This standard directly relates to the issue requiring counselors to not only notify Child Protective Services and the authorities, but to build a team of support for the student

·         The obligation of the counselor does not end when the proper authorities are contacted but requires a counselor to follow-up and continue to assess the student for signs of distress (American School Counselor Association, 2019).

American School Counselor Association. Ethical Standards for School Counselors. American School Counselor Association, n.d. Web. 7 December 2019.

https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Collins, C. (2017). What if my student discloses a sexual assault? Retrieved from Teaching Tolerance : https://www.tolerance.org/magazine/what-if-my-student-discloses-a-sexual-assault

The article is written in collaboration with the National Association of School Psychologists and states:

·         All school staff have a duty to report and should not make promise about confidentiality about sexual violence

·         Mental health assistance should be encouraged for all victims

·         Allow students to freely tell their story without interruption or judgment (Collins, 2017).

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#13 List of Recommendations for Compliance

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#13 List of Recommendations for Compliance

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·         Share with the student the guidelines for confidentiality

·         Allow the student to tell their story without interruption or judgement

·         Report the sexual violence to Child Protective Services, police, and the administration as soon as possible

·         Contact parents

·         Build a coalition of stakeholders to support the student post reporting

·         Be aware of any changes in the student’s behavior that might be destructive or harmful and act immediately if changes occur

·         While honoring the ethical considerations of confidentiality, speak with the student’s teachers as needed to help put a plan in place for missed work or increased timelines for competition of work

·         Coordinate counseling from a Licensed Professional Counselor to facilitate emotional healing and mitigate destructive behaviors

American School Counselor Association . (2019). American School Counselor Association . Retrieved from School Counselor: https://www.schoolcounselor.org/