WHAT IS ASM?

Adult sexual misconduct (ASM),¹ as defined in this guidance, encompasses a broad set of behaviors that take place in school settings, ranging from those that are inappropriate to those that are illegal. Examples of inappropriate verbal conduct include sexual comments or questions, jokes, taunting, and teasing (Goorian,1999). Inappropriate physical conduct includes kissing, hair stroking, tickling, and frontal hugging (Simpson, 2006). ASM can also come in the form of online predatory behavior, including sextortion, which has been used to define crimes that occur “when someone threatens to distribute your private and sensitive material if you don’t provide them images of a sexual nature, sexual favors, or money” (U.S. Department of Justice, n.d.). Although some types of ASM (such as remarks directed to a student) may not be criminal, they often violate other laws, regulations, and professional codes of conduct in the education setting (U.S. Government Accountability Office [GAO], 2014).

The GAO (2014) estimates that nearly one in 10 students is subjected to ASM by school personnel during the course of their academic careers. During a 7-month investigation, Associated Press reporters examined the 2001-05 disciplinary records of educators from all 50 states and the District of Columbia (Irvine & Tanner, 2007). The investigation determined that the teaching credentials of 2,570 educators had been revoked, denied, surrendered, or sanctioned as a result of ASM and that more than 80 percent of victims in the 1,801 cases were students.

It is important to note that ASM manifests in many ways, and the range of behaviors that may be considered ASM (from inappropriate to illegal) underlines the importance of clear policies and procedures that document the responsibilities of specific staff members for preventing ASM or the appearance of ASM. In many cases, behaviors that are considered ASM are subject to interpretation; therefore, these “gray areas” should be clearly spelled out in school and school district policies. Examples of gray areas that might be addressed by schools and school districts include the following:

• The settings for and frequency of after-school interactions with students
• Boundaries to use when traveling out of town for sports or other competitions
• Contact, touching, and hugging
• Appropriate social media interactions
• Personal cards, notes, and emails

Clear policies on the boundaries for interpersonal contact protects both students and staff members. In addition, policies related to ASM may also apply to policies related to other areas of school emergency management, including sextortion, human trafficking, and other types of child exploitation. Furthermore, policies governing adult behavior must consider all settings and all times (i.e., before, during, and after school, as well as at school, away from school, and in cyber settings).

Throughout this document, the term “ASM” is used in the broad sense described above, unless otherwise noted. Some of the research cited in this guidance examined a specific subset of inappropriate or illegal behaviors, or used terms such as “child exploitation,” “child maltreatment,” or “child sexual abuse” in their studies. In these instances, the terms used by the researchers will be described and distinguished from ASM. Also, for the purposes of this guidance, ASM does not refer to child sexual abuse in nonschool settings or by persons not affiliated with the school, such as family members or friends in the home or community.

¹ Definitions of adult sexual misconduct may vary by state and can include a variety of behaviors (GAO, 2014, p.10).