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

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

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

·         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

·         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

 

·         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).

 

·         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).

 

·         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). 

·         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). 

 

·         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). 

“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.

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). 

·         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/