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K-12 ADULT SEXUAL MISCONDUCT PREVENTION

ASM DEFINED

A 2014 report by the U.S. Government Accountability Office (GAO) defines adult sexual misconduct (ASM) as any sexual activity (physical or not) directed to a child with the purpose of developing a romantic or sexual relationship (p. 1-5). The GAO notes that although some types of ASM (such as remarks directed to a student) may not be criminal, these actions often violate other laws, regulations, and professional codes of conduct. These “gray areas” can sometimes be subject to interpretation, which underscores the importance of developing clear policies and procedures on ASM in every school district.

Inappropriate Conduct

Examples of inappropriate verbal conduct include sexual comments and questions, jokes, taunting, and teasing, whether in person, by phone, or using electronic means (GAO, 2014, p. 2-5). Modern technology, including social media platforms, along with features such as image sharing and video streaming, which can be used to enhance teaching and learning, also provides readily available and accessible avenues for ASM, such as the exchange of sexually explicit comments and images with minors (National Center for Missing & Exploited Children, 2012). Furthermore, there are numerous platforms that can be hidden; include disappearing media, such as images and text; and require log-ins.

According to the National Education Association, inappropriate physical conduct includes kissing, hair stroking, tickling, and frontal hugging (Simpson, 2006). It is important that school personnel understand what is considered appropriate and inappropriate conduct so that they can protect the children, at school and in its related cyber settings. Furthermore, school personnel will want to take steps to protect themselves while interacting with students before, during, and after school. By modeling appropriate adult behaviors, educators can help teach children protective actions, as well. For examples of these behaviors, see the figure Examples of Appropriate vs. Inappropriate School Personnel Conduct later in this chapter.

Illegal Conduct

Illegal conduct is characterized by physical sexual contact between an adult and a child under the age of 18. Specifically, this conduct includes sexual contact, genital contact, groping, fondling, touching, kissing, and sexual hugging (GAO, 2014). Exhibitionism, or showing one’s genitals in public, as well as showing children images of sexual activity, are often, although not always, illegal. Child pornography, sextortion, and other examples of child exploitation conducted by adults in an online setting are also illegal according to various state and Federal laws (U.S. Department of Justice [DOJ], 2015).

As legal definitions of child sexual abuse vary by state, it is imperative for school administrators and staff members to become acquainted with local laws and their real-life applications. The U.S. Department of Education’s REMS TA Center lists state guidelines along with sample state polices at State Emergency Management Resources.

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