Investigations:The Extra Mile

Tony Olivo, LPI&Kim Kirsch, Ed.D.

The Great Question: What am I Dealing with?

“Standard” Personnel Issue

Potential Discipline Case

Prosecutorial Implications-Civil or Criminal

And Because You Just Don’t Know…

The “Law & Order” Approach

Establish and maintain your relationship to your local police agency

Think “prosecution” from the beginning Talk to your District Atty now to determine What is their bottom line and philosophy?

Resignation Certificate Sex Offender Status Jail Time

The “Law & Order” Approach

Take every potential avenue Insist on outside expertise and experience

in your investigators. Introduce them to your local police as soon

as possible. Establish their role to assist – not “takeover” This is different than residency cases! Ask for references, with specifics on types of

cases

“TIME” vs. “OUTCOME”

IF YOU UNDER-COMMIT, THEN:

Potential Additional Harm to Current/Future Victims?

Loss of Confidence of School Community: Students, Parents, Admins, Unions?

Lack of Perceived Consistency in Approach?

Loss of Opportunity to form/solidify relationships: SED, Law Enforcement, District Attorney, Counseling and Support Organizations?

Increased Liability for the District?

Public Relations Quotient?

Last, but not Least: Increased Attention of the Press?

“TIME” vs. “OUTCOME”Then…OVER-COMMIT! Prevention of Additional Harm to Current/Future

Support of School Community

Standard Approach for EVERY instance is seen by all

Enhanced relationships with all agencies involved that pays future dividends

Reduced financial liability for District

Tenfold PR Gains

And What About Time? Informing your Superintendent & the BOE

Public Information Information that is not Public

How Large is Your District? Beware of: “The Arms & Legs Effect”

ONE Primary Contact and Coordination Among Administrators, Departments, Buildings, Levels

Be Conscious of Potential Turf Wars

The importance of regular, general updates to your constituents, and some unexpected thanks.

And What About Time? Regular Communication with District Counsel, NYSED-

OSPRA, Local Law Enforcement, Investigators, District Attorney, NYSSIR, Counseling agencies. Maintain Your Relationship with your Victim and their Family.

Someone else may be the best choice.

Scheduling Interviews – Multi-phased: Initial -Victim/Students/Staff Pre-Arrest NYSSIR/Liability Investigatoin

Do you have the understanding of your supervisor? Do you have a back-up plan? What about negotiations, grievances, EEOC/DHR cases,

staffing, board agendas, test integrity investigations, and MOST important: RELATIONSHIPS-Professional and Personal

Things You Will Discover

The Importance of Technology, Technology, Technology

The Technologic Capabilities of All-Involved – SURPRISE

How to Play Nice in the Sandbox Yes, you are the facilitator!

Case Scenario Parent Reports Concerning Facebook

Communications with School Employee to Principal.

Principal listens to Parent and calls HR Confidentiality of all is requested Principal documents phone via email Personnel records examined for prior issues Review of school email and student communication is

reviewed Superintendent is informed Attorney is called

STOP!

What Decisions Are Next? Call Local Police, if possibility of crime File Part 83 – potentially gain support of

investigators Determine Potential Investigatory Needs Decide on Roles: How can you get the

best outcome? District Counsel Outside Investigator

Interview of students, staff, victim, parents Written statements Union relationships & expectations Inside/Outside Technology capabilities/needs

Did you Know?

Educator Sexual Misconduct is one of the most under-reported offenses in America today.

300,000 students reports incidents in grades 8-12 each year-THAT IS ONLY 10%!

The number one reason it is not reported: Fear that they will not be believed.

57% of offenders are male; 43% female. Average age is 28, but offenders range from

22-75. There is NO correlation of sexual orientation-

No evidence that Gay or Lesbian educators are more likely to offend.

General Statistics & Info 57% of offenders were “Classroom Level”-Teachers

18%;Coaches 15%; Sub. Teachers 13%; Aides; 11% The rest; Bus Drivers 12%; School Employees 10%;

Security Guards 10%; Counselors 5%; Principals 6% False Allegations are NOT common. In one

prominent study of hundreds-NOT ONE was false Most Educators remain in the profession after being

disciplined Female students are the “Target” in 56% of the

case-Males 44% Educators that have the most “alone” time access

with students are the largest majority of offenders; Coaches, Chorus/Music, Art, Club Sponsors

Before you Begin – Be Aware: Teachers seldom report incidents or suspicions.

Most students who are targets never tell anyone in authority-They are more likely to tell friends!

VERBAL and VISUAL misconduct is almost NEVER reported. Students feel that this behavior cannot be stopped or is

acceptable.

Offenders are most likely subject internal personnel actions. Only serious cases get police attention in most jurisdictions.

The Investigative Skills of school administrators is poor. In many cases a proper, in-depth Investigation is not conducted.

Your Investigator Takes Over Take ALL suspicions or allegations seriously!! There

is a reason something does not seem right!!! Secure all phone records, videos, visitors logs, time

cards, grade reports and files of “Targets.” Secure all district issued electronic devices, iPads,

computers, cell phones, etc. Engage PROFESSIONAL team to monitor and secure

all Social Media with respect to Offender, Target and individuals on the periphery

Have experienced PROFESSIONALS conduct interviews and obtain statements from anyone involved or who may have knowledge (*Preparing information for possible disciplinary or criminal charges).

In cases where abuse is obvious, report to Law Enforcement immediately-INTENTIONAL REPEAT

Your Investigator Continues…a precursor to other issues Where appropriate, consider surveillance of the

alleged offender as well as the target.

Search all areas the alleged offender has access to and use of as permitted by law and district policy. If any items of an evidentiary nature are observed,

photograph and secure with chain of custody

Investigate ALL aspects and potential violations of your No Fraternization Policy, regardless of how minute they appear…..this is often indicative of, or a precursor to, other issues.

The Progression of Grooming

THE LOOKS – Ogling, playful glances, winks THE LIGHT TOUCH - Pat on the back, stroking

hair, gauges comfort of target THE HUG and SQUEEZE - Touching

progresses to hugging; often accompanied by compliments.

THE INQUIRY – Verbal/written communication; texting; Twitter, numerous internet access. Tests the Targets’ ability to keep a secret

THE MOVE – Fondling, Kissing, Demands for “secrecy”

THE ASSAULT-Whether by consent or coercion

About your Predator More often Male: Meticulous, Pick out students

who are easy prey…problems at home, etc. Their Target: A kid who is a “super star” in the

area the offender teaches and fits the other profile aspects, an easy mark.

Picking the “Target” is an integral part of the excitement ritual.

There is a Clear Distinction between Elementary and Middle School Offenders vs. High School High School-Top Teachers or can be The Worst Elem/Middle-Top of their Profession

What Does an Online Predator

Look Like?

Three Commonalities that “Sex Offenders”

Share with the General Public?

PsychologyPersonal Networks

Most Effective “Sex Offender” Communication Platforms ?

Peer to Peer (P2P)

More Difficult to Locate & Track

UTILIZING “DEEP WEB” ELEMENTS

Planning Forward Appoint a central point of contact for the

district to handle any allegations. Have that person receive training in procedures

and protocol. One male/one female staff member in each

building is best. Review Your Policies with Principals

No window coverings on classrooms, no meeting alone with students outside the normal course of assignment. e.g. Writing students out of classes via passes, or

classroom teacher providing “extra support”. Parents will often notify you of these without understanding the implications…

Anticipate Your Next Case! EXTRA Recommendations for Coaches &

Extra-curricular Staff: No KISSING of any kind! Use High Fives & Fist

Bumps - Not Hugs. No transporting students alone in vehicles or

discussing a student’s “love life” or your own, sexual or otherwise. Refer these students to school counselors, when possible.

Teachers, coaches AND parents will need to be educated about the value of this expectation.

No sharing or viewing of sexual photos or “jokes”.

No texting, tweeting, Instagram, Facebook etc.

Additional Recommendations Allow internal communication paths only

between staff and students Utilize the individual counseling sessions

for staff members who are “boundary-crossers” Meets progressive discipline “support”

required under 3020a/Civil Service Law Establishes new understanding via a written

document “cc’d” to personnel file Their comments often show a disconnect

between expectations and understanding or ownership

Thank You!!

Questions?