6/10/2009
Time to stop teachers' misconduct

6/10/09 - Delaware Voice - News Journal

Two public school teachers arrested for the rape and sexual assault of students in one week. Three arrested from the same school in one year.

More than 20 Delaware teachers or public school employees arrested for the rape or sexual assault of children since 1999. The victims have been female, male and even the disabled. The predators have been male and female of varying ages. The crimes committed have not been “relationships” or “affairs.” They have been rapes and sexual assaults.

To date, the legislative and administrative responses to these recent assaults have been calls for more training and in-service days.

While these activities certainly have a place, they are simply half-steps when what we really need is a giant leap forward. I suspect that the responses would be much different if those recently arrested were affiliated with a church, private youth organization or state-licensed child care facility.

It is well past time that we stop considering these to be isolated incidents. According to Dr. Charol Shakeshaft of Virginia Commonwealth University, the best estimate is that about 10 percent of students will experience some form of sexual misconduct by a school staff member during their school careers.

The research also demonstrates that public schools fail to act promptly and properly to stop the abuse.

To quote New York Post columnist Cathy Burke, “These teachers involved in sexual misconduct cases are not just well protected, they’re over protected” (Stop Educator Sexual Abuse, Misconduct and Exploitation: www.Sesamenet.org )

It is clear to me that the appropriate legislative response would be to require the same level of responsibility and accountability for the care and protection of our children from government institutions that we do from religious, private schools and other private-sector institutions.

There is no need to reinvent the wheel when it is right in front of us.

In 2007, Delaware enacted the landmark Child Victim’s Act. This law eliminated the statute of limitations for childhood sexual abuse and allowed victims of past sexual abuse access to the civil courts via a two-year window. This served to raise the bar in terms of the actions private institutions and individuals need to take to protect children under their care.

What it didn’t do is apply to employees of the state of Delaware.

As it stands today, state agencies and public schools can employ defenses called “sovereign” and “limited immunity” that no other institutions in Delaware can utilize. Essentially, a victim cannot sue the state of Delaware for its failure to properly protect them from abuse.

Public schools have defenses available to them that other institutions do not have, making it more difficult for a victim to prevail.

House Bill 155 would waive the state’s sovereign and limited immunity in child sexual abuse cases in Delaware.

It would also provide a two-year window for past abuse cases. It would raise the bar of accountability and help protect the 125,000 children under the care of Delaware’s various institutions by extending to them the same rights that children under the care of private sector institutions are afforded.

The introduction of House Bill 155 becomes my fourth attempt at getting such legislation enacted. What are we afraid of? Arguments against this legislation are simply excuses and explanations.

The record of child sexual abuse in our public schools is clear and current. The need for equal protection under all our laws – both criminal and civil – and equal access to the courts for all our children is clear.

What is not clear is the lack of urgency in demanding equal accountability for those who have been victimized, without regard to whether the child enters a building through a church door, a school or some other door. We have properly demanded accountability from the private sector and we should embrace that same level of accountability from the state.

Without serious consequences and meaningful legislation, such as House Bill 155, the record of child sex abuse victims in the public sector is unlikely to change.

Today at noon, House Bill 155 will be considered by the House Judiciary Committee in Legislative Hall. This bill should be passed by the General Assembly and signed into law. Anything less than that is aiding and abetting abuse.

Greg Lavelle is the 11th District’s state representative

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