Policy and Procedures for Reporting Child Abuse and Neglect

1. LoudonCOUNTY SCHOOLSOffice of Coordinated School Health Policy and Procedures for Reporting Child Abuse and Neglect Annual Training for School Employees Revised July 1, 2017

2. Loudon County Schools is committed to the safety of its students; therefore, all certified and non-certified staff are required to receive child abuse training annually. • For your convenience and to provide a more effective program, child abuse training is now available electronically and on the school system’s website at www.loudoncounty.org. • All employees must complete the training by September 15thof each school year. • For more information, please contact Alison Millsaps, Food/Health Services Supervisor, 458-5411 ext. 1011, millsapsa@loudoncounty.org

3. Procedure for School Employees to Report Child Abuse and Neglect Step (1): Call Department of Children’s Services 1-877-237-0004 orChild Abuse Hotline 1-877-542-2873 It is required by State Law and Loudon County School Board Policy that any school employee who is aware of possible child abuse or neglect report it directly to DCS. Step (2): Employee notifies school principal of the child abuse report to DCS. Step (3): School Principal notifies Central Office contact of the child abuse report to DCS. Step (4): Notification to parents of abuse on school grounds or while under school supervision - Parents are to be notified within 24 hours of the reported abuse; unless the parents are the suspected abusers. Central Office Contact: Alison Millsaps, Food & Health Services Supervisor 865-458-5411, ext. 1011 office 865-740-7696 cell

4. Additional Information The Tennessee Department of Children’s Services web site provides additional information regarding child abuse, the different laws and reporting requirements http://www.state.tn.us/youth/childsafety.htm or https://www.sworps.tennessee.edu/child_abuse_reporting/start.html or https://reportabuse.state.tn.us/ or To report online use secure site https://apps.tn.gov

5. NEW 2017 • Public Chapter 292, HB 0615 amends TCA Title 37, Chapter 1, Part 1, by adding the commission of trafficking for commercial sex act to the definitions of child sexual abuse and severe child abuse. • Public Chapter 381, SB 0310 amends TCA Title 39, Chapter 15, Part 4, expands the offense of child endangerment to include knowingly exposing a child to or failing to protect a child from abuse or neglect resulting in imminent danger of the child.

6. State LawTCA 37-1-403. Reporting of brutality, abuse, neglect or child sexual abuse. (a)  (1)Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect.

7. 2005 Changes in TN Law • The person who suspects or has knowledge of child abuse or neglect reports directly to DCS. •  School system may have internal tracking procedure of all school system reported complaints. •  Failure to report is a Class A misdemeanor with a fine of up to $2,500 (was $50).

8. New Law TCA37-1-605. [Amended effective January 15, 2011]Reports of known or suspected child sexual abuse - Investigations - Notification to parents of abuse on school grounds or while under school supervision - • d) (1) Notwithstanding § 37-5-107 or § 37-1-612 or any other law to the contrary, if a school teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall provide other information relevant to the future well-being of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the department of children's services to the parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official or other school personnel reports the abuse to the department of children's services; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.

9. State LawTCA 39-13-532. Statutory rape by an authority figure (a) Statutory rape by an authority figure is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when: (1) The victim is at least thirteen (13) but less than eighteen (18) years of age; (2) The defendant is at least four (4) years older than the victim; and (3) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or (4) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual penetration. (b) Statutory rape by an authority figure is a Class C felony and no person who is found guilty of or pleads guilty to the offense shall be eligible for probation pursuant to § 40-35-303 or judicial diversion pursuant to § 40-35-313.

10. The sentence for statutory rape by an authority figure Statutory Rape by an authority figure, which includes teachers, is an extremely serious sex offense, and is considered to be a violent sex offense under the law. This means that if you are convicted of this offense, you will have to register as a sex offender for life in Tennessee. Statutory rape by an authority figure is a Class C felony. Class C felonies are punished between 3 and 15 years incarcerated and/or up to a $10,000 fine. Additionally, no person who is found guilty of or pleads guilty to statutory rape by an authority figure: • Is eligible for probation • Can live or work within 1000 feet of any public or private school, licensed day care center, public park, playground, recreation center or public athletic field available for use by the general public.

11. LoudonCounty Board of Education Policy 6.409 Child Abuse and Neglect • Staff members having knowledge or suspicion of any child who is suffering from abuse or neglect shall report such harm immediately. • The report shall include: 1. The name, address and age of the child; 2. The name and address of the parents or persons having custody of the child; 3. The nature and extent of the abuse or neglect; 4. Any evidence to the cause or any other information that may relate to the cause or extent of the abuse or neglect.

12. Loudon County Board of Education Policy 6.409 Child Abuse and Neglect • Investigations: School administrators and employees have a duty to cooperate, provide assistance and information in child abuse investigations, including permitting child abuse review teams to conduct interviews while the child is at school; the principal may control the time, place and circumstances of the interview, but may not insist that a school employee be present even if the suspected abuser is a school employee or another student. The principal is not in violation of any laws by failing to inform parents that the child is to be interviewed even if the suspected abuser is not a member of the child's household.

13. Managing Boundaries & Preventing Inappropriate Boundary Invasions • Due to the nature of the profession, a teacher is always under a microscope as to his/her behavior. • Teachers are considered leaders and authority figures. • Awareness of those behaviors which increase an educator’s risk of exposure to claims of misconduct, including appropriate use of the internet, email and text messaging may prevent Boundary Invasions.

14. Percent of Students In Grades 8 to 11 Who Have Experienced Educator Sexual Misconduct • 9.6 % reported contact and/or noncontact educator sexual misconduct that was unwanted • 8.7 % reported only noncontact misconduct • 6.7 % reported only contact misconduct (some reported both types)

15. Percent of Student Targets by Job Title of Offender • Teacher-18% • Coach-15% • Substitute Teacher-13% • Bus Driver-12% • Teacher’s Aide-11% • Other School Employee-10% • Security Guard-10% • Principal-6% • Counselor-5%

16. Inappropriate Relationships Do Not Happen All of A Sudden! • Develops over a period of time. • With some students it might be over a brief period of time; other students take more “grooming”. • Initial acts are somewhat less premeditated and often are: • Opportunistic, • a result of bad judgment, or • a misplaced sense of privilege. Source: Shakeshaft, 2004

17. Successive Approximation • The student becomes used to increasingly more intrusive boundary invasions which eventually become sexual in nature. I.e., boundary invasions come to seem “normal” with the particular adult.

18. Sexual Grooming in a nutshell: • Boundary invasions which become increasingly more invasive and then sexual. • They can not be called sexual grooming in the earlier stages, because there may not be anything verifiably sexual about them. • They are nonetheless identifiable as “boundary invasions.”

19. Is there a Problem in the Schools 9.6% of students are targets of educator sexual misconduct during their school career. American Association of University Women

20. Educator sexual offenders often are: • Well-liked and considered excellent teachers • Trusted by parents and staff • Adults who have access to students before or after school or in private situations (e.g., coaches, music teachers.) • Work with vulnerable students.

21. Examples of Boundary Invasions which could be potential Sexual Grooming: • Working with an individual student behind a closed door. • Touching children when there is no educational reason to do so. • Flirting with students. • Off-color remarks to students. • Giving a student rides alone. • Frequent socializing with a student at school. • Getting a student out of other classes to see the teacher.

22. Boundary Invasions, cont’d: • Socializing with the student away from school. • Inviting students to the teacher’s home. • More than normal individual attention given to a particular student. • Frequent e-mails or texting to a child for non-educational reasons. • Using e-mail to do any of the above. • Electronic social networking. • Any combination of the above.

23. Other Red Flags • An adult often engaging in “peer-like” behavior with students. • A teacher who asks students to keep secrets.

24. In Essence, Grooming Is Based Upon: • Having a “Special Relationship” with a student. • Socializing with the student • Away from school. • After school hours. • Electronically. • Often the student: • Has problems at home. • Is in need of adult attention.

25. Watch for Red Flags • Change in student’s behavior • Inappropriate sexual behavior, late arrivals to class, changes in personality, increased time with one school employee • Rumors about a student and a teacher • Behavior of the adult • Close personal relationships with students, time alone with students, time before and after school with students, time in private spaces with students, flirtatious behavior with students, off-color remarks in class • Text-messaging with students, participation in MySpace/Facebook with students

26. How Does A School District Protect Itself? • Have a policy that addresses sexual harassment (student-on-student, employee-on-student, employee-on-employee) and establishes procedures for one to follow if subjected to sexual harassment • Designate an employee to coordinate the school’s responsibilities • Provide staff in-service • Orientation for all students • Copy of policies and procedures given to all students and employees

27. How Does A School District Protect Itself? • Assurance that students who make complaints or provide information will be protected against retaliation • Assurance that the school will protect the confidentiality of harassment complaints to the extent possible • Assurance that the school will take immediate and appropriate corrective action when it determines that harassment has occurred

28. What is Child Abuse? • Child abuse and neglect occurs when a child is mistreated, resulting in injury or risk of harm. Abuse can be physical, verbal, emotional or sexual.

29. Forms of Child Abuse • Physical Abuse is non-accidental physical trauma or injury inflicted by a parent or caretaker on a child. It also includes a parent's or a caretaker's failure to protect a child from another person who perpetrated physical abuse on a child. In its most severe form, physical abuse is likely to cause great bodily harm or death.

30. Forms of Child Abuse • Physical Neglect is the failure to provide for a child's physical survival needs to the extent that there is harm or risk of harm to the child's health or safety. This may include, but is not limited to abandonment, lack of supervision, life endangering physical hygiene, lack of adequate nutrition that places the child below the normal growth curve, lack of shelter, lack of medical or dental that results in health threatening conditions, and the inability to meet basic clothing needs of a child. In its most severe form, physical neglect may result in great bodily harm or death.

31. Forms of Child Abuse • Emotional Abuse includes verbal assaults, ignoring and indifference or constant family conflict. If a child is degraded enough, the child will begin to live up to the image communicated by the abusing parent or caretaker.

32. Forms of Child Abuse • Sexual Abuse includes penetration or external touching of a child's intimate parts, oral sex with a child, indecent exposure or any other sexual act performed in a child's presence for sexual gratification, sexual use of a child for prostitution, and the manufacturing of child pornography. Child sexual abuse is also the willful failure of the parent or the child's caretaker to make a reasonable effort to stop child sexual abuse by another person.

33. Possible Child AbuseSigns & Symptoms Behavioral • Overly aggressive behavior • Explosive, inappropriate behavior, running away • Unusual interest in sex • Sudden mood changes, unusually emotional, anxious, depressed or withdrawn extreme fatigue or overly passive • Obsessed with cleanliness • Slowed development in toilet training, motor skills, socialization, and language • Regressive behaviors, thumb-sucking, baby talk, curling into fetal position • Sleeping disturbances, nightmares, insomnia • Eating problems, such as loss of appetite, anorexia, bulimia, or compulsive overeating • Self-mutilation, cutting or hurting oneself • Performing below grade level in school • Fighting or stealing

34. Possible Child AbuseSigns & Symptoms Emotional • Sad, depressed, withdrawn, daydreaming • Aggressive behavior • Difficulty trusting adults and making friends • Low self-esteem, guilty, blaming oneself • Memory loss • Lack of sufficient care and supervision

35. Possible Child AbuseSigns & Symptoms Physical • Neglected appearance, missing hair or teeth • Suspicious or repeated cuts, bruises, welts, or burns • Walking in an unusual manner • Delayed physical or developmental growth or delays in speech and language • Poor coordination and motor skills • Psychosomatic illnesses • Abdominal or stomach pain • Headaches • Painful urination, reoccurring urinary tract infections, discharge, pain, itching, or bleeding in the genital or rectal area, sexually transmitted diseases, pregnancy • Bed-wetting • Death from injuries, untreated illnesses, or suicide

36. Possible Child AbuseSigns & Symptoms The presence of one or more of the symptoms, signs, or behaviors listed is not necessarily indicative of abuse or neglect, but are only possible signs and symptoms of child abuse.

37. Sources • Tennessee Code Annotated http://www.state.tn.us/environment/permits/tcalink.shtml • Tennessee Department of Children’s Services http://www.tennessee.gov/youth/childsafety.htm • Tennessee DCS Child Abuse Reporting Training https://www.sworps.utk.edu/child_abuse_reporting/start.html • Tennessee Sex Offender Registry http://www.ticic.state.tn.us/sorinternet/sosearch.aspx • Loudon County Board of Education Policy http://www.loudoncounty.org • Tennessee School Board Association http://www.tsba.net/ • Russell Johnson, District Attorney General - 865-376-2145 • Loudon County Sheriff’s Department - 865-986-4823 • Child Advocacy Center - 865-986-1505 • WA Schools Risk Management Pool

38. Report Child Abuse1-877-237-0004 Prepared by Kathy Proaps Loudon County Schools Office of Coordinated School Health It should not hurt to be a child.