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My name is Ieshia Demas. I am currently entering my 12th year as an Education Professional. I have taught for 11 years as a classroom teacher and in the fall I will assume the role of the Pre-K through Second-grade Curriculum and Instruction Specialist. Thus, my legal guide will be geared towards Elementary educators who work with students in  Pre-K- 5th grade. I believe the topic of Sexual Violence Prevention and Response is necessary on the Elementary level.  My belief is rooted in the fact that I have had the unfortunate experience of students being victims of sexual violence by way of their classmates, professional educators, and family members. Thus, the topic of Sexual Violence Prevention and Response is relevant and is of high importance to the Elementary level. I strongly believe that if we start addressing the topic of sexual violence we can put limitations on how often it happens and then ultimately prevent it from happening altogether. The goal of my guide is to provide a proactive response, rather than a reactive response.

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During the course of this term, I had the privilege of speaking with Mrs. Auguste. Mrs. Auguste is the Assistant Principal at A.W. Jones Elementary in Aldine ISD school district. She has been in Education for about 20 years. All her professional experience has been at the elementary level. During our interview, Mrs. Auguste shared her insights on the topic of Sexual Violence Prevention and Response. Mrs. Auguste shared with me she believes the topic of sexual violence prevention and response is important and should be discussed at the elementary level. She professed that we live in a society that promotes sexual abuse and sexual harassment. She went on to say that the media, tv shows, and movies promote such behavior. She deemed that the images of sexual violence are miscommunicated and viewed as normal because they are often depicted in a comical or lighthearted way.  Thereby, these images confuse children and send them false information about sexual violence. Additionally, she stated that these mixed and confusing messages teach the victimizer that is perfectly normal to make advancement on another individual without their consent and it teaches the victims that the victimizer's behavior should be viewed as non-threatening and acceptable.  She explained to me because students are exposed to these mixed messages, there has been a rise in discipline problems centered around inappropriate contact and interactions in elementary schools. She said that when she calls students into her office to discuss their behavior, they will often state that they saw that behavior on a tv show or social media and they didn't think it was wrong. The statements that the students make further proves her point on how the media sends harmful messages regarding sexual violence to children. At the closing of our interview, Mrs. Aguste also expressed that sexual violence prevention and response should be discussed in schools because there has also been a slow rise in sexual abuse cases among professional staff members and students as well as sexual abuse cases among students and family members.  Mrs. Aguste ended our meeting by providing me with four best practices related to sexual violence prevention and abuse. Those practices consist of the following:

1. Present a School-wide PD on Sexual Violence Prevention and Response for teachers and staff members.
2. Have two separate assemblies about inappropriate contact and misconduct amongst any two individuals. One assembly for girls and one assembly for boys
3. Promote social norms that protect against sexual violence.
4. Provide empowering opportunities for students to utilize their voices to speak up and speak out.

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Sexual Violence in School By Nea Today
This article sheds light on sexual violence in schools.  It talks about how sexual violence happens in various settings during school. Additionally, (Nea Today, 2021) states "It happens at every level of education from pre-K to college. " The article discusses the dramatic increase of sexual violence in recent years and how this increase started before COVID-19. Furthermore, the article predicts there will be more reported sexual violence incidents in schools post COVID-19.   Upon reading further, the article also sheds light on how no one knows why so many sexual violence incidents are occurring. However, it is believed that the increase in sexual violence in schools could be attributed to the awareness the "Me too" movement provides. Needless to say,  many believe sexual violence incidents in school are undercounted.
Reference:
Nea Today, N. (2021, 1). Sexual violence in schools. National Education Association | NEA. https://www.nea.org/advocating-for-change/new-from-nea/sexual-violence-schools
Link:
https://www.nea.org/advocating-for-change/new-from-nea/sexual-violence-schools

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Student Wins $2 Million in Negligence Suit Against School District

In 2019 the court ordered the El Monte Union High School District to pay $2 million to a former student who was sexually assaulted by a teacher in 2013. The teacher caught committing this lewd act was 59-year-old Daniels, a science teacher within the school district. According to the student (the plaintiff),  Mr. Daniels carried on these acts with her from 2013-2015. Mr. Daniels denied such allegations. He even went on to say that it was the student who was at fault for these incidents. However, Mr. Daniels was charged in 2004 for committing lewd acts with a minor at a different high school within the same school district (California, 2019).
Reference:
California, N. S. (2019, March 7). Molested student wins $2 million in negligence suit against school district. NBC Los Angeles. https://www.nbclosangeles.com/news/local/molested-student-wins-2-million-in-negligence-suit-against-school-district/2555/
Link:
https://www.nbclosangeles.com/news/local/molested-student-wins-2-million-in-negligence-suit-against-school-district/2555/

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Judge Approves $2.1 Million Sexual Abuse Settlement Between LAUSD, Former Student

Paul Chapel, a teacher in Los Angeles Unified School District was tried on criminal charges of performing a lewd act on a child. The case ultimately ended in a hung jury and Mr. Chapel was allowed to resume his professional career as a classroom teacher. Mr. Chapel assumed the role of a third-grade teacher at Telfair Elementary. During this time, Chapel sexually abused several children, including 9-year-old Doe. Doe stated that Mr. Chapel Kissed her numerous times and encouraged her to touch him. The Los Angeles Unified School District formerly reached settlements with other plaintiffs who shared similar sexual abusive encounters with Mr. Chapel, including 12 who agreed to a collective $30 million settlement (Cal. Super. Ct. Los Angeles Cty. Jan. 14, 2020).
Reference:
City News Service. (2020, May 18). Judge approves $2.1 million sexual abuse settlement between LAUSD, former student. NBC Los Angeles. https://www.nbclosangeles.com/news/local/judge-approves-2-1-million-sexual-abuse-settlement-between-lausd-former-student/2364909/
Link:
https://www.nbclosangeles.com/news/local/judge-approves-2-1-million-sexual-abuse-settlement-between-lausd-former-student/2364909/

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Slide 6 Original Source of Law (Constitutional)

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Slide 6 Original Source of Law (Constitutional)

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10 U.S. Code § 920 - Art. 120. Rape and sexual assault generally is a constitutional law that defines the various types of illegal sexual misconduct and the penalties if such leed acts are committed (U.S. Const. art.120). It describes and discusses in detail the following:

Rape

Sexual Assult

Aggravated Sexual Contact

Abusive Sexual Contact

Proof of threat

Defenses

Definitions

Reference:

10 U.S. Code § 920 - Art. 120.

Link:

https://www.law.cornell.edu/uscode/text/10/920

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Slide 7 Original Source of Law (Statutory)

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Slide 7 Original Source of Law (Statutory)

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Indecency with a Child
Indecency with a Child is the Texas law that is commonly referred to as “Statutory Rape.” This is the basic age of consent law in Texas, placing the age for consent at 17 years old. A child under the age of 17 (so that is a 16-year-old or below) cannot consent to any sexual acts with an adult (PENAL § 21.11.). This law elaborates on the following:

Engagement in sexual contact of any form with a child

Age of consent

Definitions of terminology used in the law.

Ramifications and Penalties of sexual misconduct (Indecency with a child)

References:
Tex. Penal Code § 21.11 (a)
Link:
https://codes.findlaw.com/tx/penal-code/penal-sect-21-11.html

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Slide 8 Original Source of Law (Judicial)

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Slide 8 Original Source of Law (Judicial)

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Paroline v. United States
This case details that restitution should be given to the respondent who was sexually abused as a young girl to produce pornographic images. Restitution was granted based on the defendant, who pleaded guilty to possessing images of child porn, including two images of the respondent, which was the proximate cause of the victim's losses. The primary victim in this case as well as other victims should be compensated and the defendant should be held accountable for the impact of their conduct on his victims (Paroline v. United States, 2014).
Reference:
Paroline v. United States, 572 U.S. 434 (2014)
Link:
https://www.oyez.org/cases/2013/12-8561

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Slide 9 Original Source of Law (Administrative)

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Slide 9 Original Source of Law (Administrative)

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Title IX Regulations Addressing Sexual Harassment
The Secretary of Education amends the regulations implementing Title IX of the
Education Amendments of 1972 (Title IX). The final regulations specify how recipients of Federal financial assistance covered by Title IX, including elementary and secondary schools as well as post-secondary institutions, (hereinafter collectively referred to as “recipients” or “schools”), must respond to allegations of sexual harassment consistent with Title IX’s prohibition against sex discrimination( Title IX, 2020).
Reference:
Title IX, 34 C.F.R § 104 (2020). https://www2.ed.gov/about/offices/list/ocr/docs/titleix-regs-unofficial.pdf
Link:
https://www2.ed.gov/about/offices/list/ocr/docs/titleix-regs-unofficial.pdf

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Slide 10 Local Administrative Law/ Policy

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Slide 10 Local Administrative Law/ Policy

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Aldine ISD Policy on Sexual Harassment
Aldine ISD Sexual Harassment policy states the following: An employee shall not engage in prohibited harassment, including sexual harassment, of other employees and students. Furthermore, while acting in the course of employment, an employee shall not engage in prohibited harassment, including sexual harassment, of other persons, including Board members, vendors, contractors, volunteers, or parents. An employee shall report child abuse or neglect as required by law. An employee shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual. As required by law, Aldine ISD shall notify the parent of a student with whom an educator is alleged to have engaged in certain misconduct (Aldine ISD, 2019).
Reference:
Aldine ISD Sexual Harassment Policy (2019)
Link:
https://pol.tasb.org/Policy/Download/583?filename=DH(LOCAL).pdf

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Texas Educators Code of Ethics
(H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor (Texas Administrative Code, 1998). My topic deals with the issue of sexual violence prevention and response. Thus, these codes of ethics are directly tied to my topic. They address the issue of inappropriate sexual relationships and conduct between colleagues as well as inappropriate sexual relationships and conduct between staff members and students.
Reference:
Texas Administrative Code Title 19§ 247. 2
Link:
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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Slide 12 Personal Connection to Legal and Ethical Standards

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Slide 12 Personal Connection to Legal and Ethical Standards

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My personal connections to legal and ethical standards reside in the fact that one day I will assume the role of a campus principal. In assuming this role I will be responsible for knowing these laws and governing my campus according to them. Furthermore, should sexual misconduct take place on my campus between students, staff members, or student and staff members, I will have to enact the necessary protocols to protect or discipline those involved. Additionally, knowing these legal and ethical standards will allow me to reach the goal of being proactive and not reactive when it comes to preventing sexual violence on my campus. Lastly, having the knowledge and in-depth understanding of the legal and ethical standards leaves me feeling reassured in my ability to educate my students and staff members on sexual violence. My goal is to have and promote a safe school environment where no one feels threatened in any way. Furthermore, I want my staff and students to know that they have the right and freedom to speak up should sexual violence of any sort take place.

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Sexual Violence Prevention and Response Recommendations

Promote social norms that protect against sexual assault violence.

Have conversations about consent.

Believe and listen to survivors.

Create a proactive environment.

Educate staff members on sexual violence prevention and response.

Teach skills that prevent sexual violence.

Empower students as well as staff members to use their voices should sexual violence ever take place.

Be aware of how violence is portrayed in the media and be willing to speak out against it.

Donate to organizations that serve survivors of sexual assault.