Six Year Old Suspended For Sexual Harassment

[Dreadsox]

Would you have suspended a student for putting his hands inside a girl's pants and onto her back on one occasion? What about the age-old tradition of bra-snapping?

Honestly.....

I do not feel comfortable answering as I am/have/will be dealing with situations like this....and I would hate to think that should someone who knows me think I have set in stone the way I would handle a situation.

I will say this, you cannot treat it as if it happened when I was in school twenty years ago.

There are so many things that are going through my head....

The way our discipline system is set up is that there are categories of offenses. If there are multiple offenses within a category, the penalty increases.

There are offenses in which there is NO EXCEPTION and I have no leway in the punishment. For example, I have had to suspend students for bringing a weapon to school.....I have no wiggle room on this issue. It is set in stone.

Sexual Harrassment could very well fall into this category as well if it is proven.

That is why I said earlier.....there is a difference in my mind between sexual harassement and harassement and I do believe that a fifth grader has a better understanding than a 1st grader about what is going on.

Girls Gone Wild commercials have influenced children to do things......probably more than Victoria's Secrets....and because the commercials are on up to 7:00 AM on some stations.....kids see them.....

 

[Dreadsox]

Home » Research a Topic » Discipline » Sexual Harassers Can Be Elementary School Students

Sexual Harassers Can Be Elementary School Students


Communicator, PR Primer » October 1993 » page(s) 5

by June Million, NAESP Director of Public Information


Have you inspected your school's bathroom walls lately? By overlooking graffiti—or taking for granted student behavior once considered "horsing around" or "boys will be boys"— a federal law could be violated; your school could suffer a public relations disaster.

Three circumstances have brought this to a head. The stage was set by Clarence Thomas and Anita Hill. Then, in April 1993, the first elementary school peer harassment case "stuck," when the U.S. Department of Education found a Minnesota school in violation for "failing to take timely and effective responsive action to address...multiple or severe acts of sexual harassment" among boys and girls, mainly on buses. Finally, last summer, the American Association of University Women pronounced sexual harassment in schools "epidemic" in a nationwide survey of 1,632 students.

As superintendents, school boards, guidance counselors, and PTAs grapple to develop guidelines, curricula, videotapes, and printed material to explain school sexual harassment and heighten awareness, principals must face the issue openly, squarely, and quickly—using classic public relations.

Check the climate. Ask your staff and colleagues what they've been hearing. Collect local newspaper reports, articles in educational journals; watch TV news, talk shows. How aware is your community?

Adopt a policy. If your district doesn't have a clear policy on sexual harassment (between peers, teachers and students, and employees), start one. Be sure it explains grievance procedures and disciplinary actions that will be taken against offenders. Policies should be published in student and parent handbooks, and clearly understood by staff.

Define the issue, but not in jargon. Staff, students, and parents must understand what sexual harassment is and then know what to do about it. "Speak about it in a way that isn't fearful," suggests Nan Stein, director of the Sexual Harassment in Schools Project at the Wellesley College Center for Research on Women. (For young children, one principal recommends saying that if it makes them feel bad or scares them, it's the real thing.)

Spread the word. Discuss the policy and procedures with staff, who in turn should discuss it with students. Tell parents, too, perhaps in the newsletter and as part of a PTA meeting. Stein, who's developing an elementary school curriculum, urges educators to speak about sexual harassment in a normal tone of voice, always in easy-to-understand language. She recommends intensive training for every man and woman in the building, "point people" who, as experts, can train others and monitor the school community.

One Minnesota school system created a drama depicting several sexual harassment scenarios for all district personnel. As school opened, the topic (in age-appropriate language) was introduced as a matter of course during first-day procedural discussions with students. School newsletters told parents that schools are concerned, that they have a responsibility also, and to expect phone calls and consequences for any offenders.

In Arlington, VA, guidance counselors have written materials for the elementary, middle, and high school levels and, once they are approved, will work with students on awareness. An important part of the lesson is teaching victims to be assertive.

In Houston, TX, school personnel were required to attend a film on sexual harassment and school police presented the topic, along with other safety concerns, to parents on back-to-school nights.

It is critical that principals act quickly and take sexual harassment very seriously. Remember that anything that is offensive to the opposite sex can and might be considered sexual harassment, including tugging at clothes, name-calling, and playground teasing. Cracking down now not only is best for students; it will also create a better climate for learning. And it's certainly good PR.

http://www.naesp.org/ContentLoad.do?contentId=281

 

[yolland]

For young children, one principal recommends saying that if it makes them feel bad or scares them, it's the real thing.

I guess for me, this goes to the heart of what parents need to be keeping the focus on--regardless of whether our children are the ones being harassed or the ones doing the harassing. A sense of respect based on empathy is such a powerful thing. I have never been an administrator (though I would like to, if/when I get tenure) so I can't really speak to the more involved dimensions someone in your place has to consider.

When you say it's not like twenty years ago, do you mean more the legal aspects involved, or do you believe that kids today are simply more inclined to harass than kids were back then? I have never even heard of Girls Gone Wild, probably because we don't own a television (though we do watch DVDs on our PC, and I'll admit to having taken up treadmill running partly because it offers the enticement of watching TV in our gym at work --no cable there, though). But honestly, I can remember so many incidents like these, as well as other forms of "nonviolent" cruelty towards other children, happening in my own grade school. And most of those kids came from homes far too poor to own a television set. Yes, I do realize it's more widespread nowadays, but I'm more inclined to attribute that to the general decline in parental guidance and discipline I see so many other manifestations of all the time. Perhaps I'm just naive?

 

[djfeelgood]

What bothers me is that the school is seemingly taking the "cover your ass" approach rather than teaching the boy about appropriate behavior. Punishment is not going to make him learn.

This is the world we live in. People can sue for anything. So the cheapest thing to do is to 'rid yourself of the problem'.

The funny thing is there was no sexual connotation until the 'mature' adults saw it.


society sucks.

 

[Dreadsox]

[Q]What bothers me is that the school is seemingly taking the "cover your ass" approach rather than teaching the boy about appropriate behavior. Punishment is not going to make him learn.[/Q]

If you believe that you know what the school did based on the article and repeated comments in the article that because the child is a minor the school would not go into the specific details of what happened....more power to you....and may I have your chrystal ball?

 

[Dreadsox]

The funny thing is there was no sexual connotation until the 'mature' adults saw it.

Funny, do you have a daughter?

Mine is raised that if anyone touches her inappropriately she is to yell stop it as loud as she can.

 

[randhail]

If you believe that you know what the school did based on the article and repeated comments in the article that because the child is a minor the school would not go into the specific details of what happened....more power to you....and may I have your chrystal ball?

The litigious society we live in dictates that almost an institution take the cover your ass approach. Everything from fast food chains to medicine have been effected. School is no different in that they see plantiffs in civil suits and not common sense.

FYI - I don't have a crystal ball, I read tea leaves.

 

[Dreadsox]

The statement that I quoted indicated MORE than CYA...it indicated that the school did nothing to educate the child....

and that cannot be determined based on the article....

 

[fly so high!]

boston.com






Dorinvil said school administrators told her that her son's infraction was to place his hand inside the waistband of a girl's pants, touching the skin on her back.

I'm sorry! Have i missed something , how is this in any shape or form sexuall harrasment.
He did not touch her bottom,genitals or breasts, maybe the school is looking for a excuse to get rid of the child for other reasons!

 

[Dreadsox]

[Q]maybe the school is looking for a excuse to get rid of the child for other reasons![/Q]

Like what?


And as for what he touched or did not touch, you cannot discern from the article what happened. I have read about seven articles on this story and the MOTHER who is the only one talking about it has not repeated the same story.

I can say as a vice principal, no one gets suspended without an investigation, and documentation. If it is the policy of the school that this is a non-negtiable penalty (Like weapons in the school) the administrators had no choice.

What leads me to believe there was no choice was the fact that it was reported to the police and district attorney. That would indicate to me that they are following procedures laid out by the elected officials within the community (SChool Committee).

And yes, if a child, no matter what the age brings a weapon into school, it is the policy that the superintendant notify the police and possibly DSS.

While we run around blaming the school, this may very well be a situation where the policy, laid out by an elected SCHOOL COMMITTEE, leaves an administrator's hands completely tied.

WE have no knowledge over the circumstances in the classroom, nor do we know what the state of the little girl was.

Ever delt with a little girl or little boy who thinks she/he was touched inappropriately?

I have. It is not an easy situation since there are many lives that can be affected when such accusations are made.

 

[fly so high!]

Maybe.... the parents are not paying fees .... or maybe.... the kid's just not fitting in like the drone menatlity that some schools want.... maybe the kid is talking too much in class.... hell i don't know, but what i do know that the whole thing sucks from top to bottom.

 

[Dreadsox]

Maybe.... the parents are not paying fees .... or maybe.... the kid's just not fitting in like the drone menatlity that some schools want.... maybe the kid is talking too much in class.... hell i don't know, but what i do know that the whole thing sucks from top to bottom.

I have been a teacher for eleven years......

Not once have I ever EVER seen a child in an elementary school accused of sexual harassment because they talk too much in class.

What fee's would a first grader have in a public school?

 

[fly so high!]

Did the child bring a weapon... see.... i'm missing something! All i got was the hand on the back thing the other articles were from other cases!

 

[fly so high!]

I have been a teacher for eleven years......

Not once have I ever EVER seen a child in an elementary school accused of sexual harassment because they talk too much in class.

What fee's would a first grader have in a public school?

We pay "voluntary" fees from kindy! That does not stop some schools from not making you feel bad if you can't pay them!!!

 

[fly so high!]

[Q]maybe the school is looking for a excuse to get rid of the child for other reasons![/Q]





I have. It is not an easy situation since there are many lives that can be affected when such accusations are made.

So, what about the life of the boy, do honestly think he deserves this kind of backlash! And you talk about how the mother keeps changing her story, have you considered that it could be possible that its the media distorting it!
Maybe placing this child elsewhere maybe the best thing the mum can do, because these sorts of accusations stick like mud!

 

[Dreadsox]

Then you are missing my point.

If the student hand book, approved by the school committee (ELECTED OFFICIALS) leaves NO ROOM for interpretation (My district leaves no wiggle room for WEAPONS) then the administrators after their investigation would have NO CHOICE but to handle the case the way they did.

AS an administrator, the student handbook is the bible and provides students with due process. We do not just randomly pick a punishment. For this child, three recesses, for that one out of school suspension. Everything, every action we take is guided by that document. Legally if a parent were to challenge the school saying there was an unusual punishment, or does the punishment fit the crime, this is the document that is legally binding.

So back to this case. The fact that the incident was reported as it was to the DA and the police, it leads me to believe that the schools hands were tied. The handbook for the school defines "sexual harassment" as unwanted touching. Well, if the victim feels that it was unwanted touching, then by the definition of the document, there is no other way than to call it "sexual harassment."

There almost needs to be a separate handbook for the younger grades. I have a problem calling it "sexual harassment" but if that is what is in the handbook, the schools hands are tied.

 

[Dreadsox]

So, what about the life of the boy, do honestly think he deserves this kind of backlash! And you talk about how the mother keeps changing her story, have you considered that it could be possible that its the media distorting it!
Maybe placing this child elsewhere maybe the best thing the mum can do, because these sorts of accusations stick like mud!

I can guarentee you that the school is worried about the girl and the boy.

This was not in the news a week ago when it happened. it is in the news because the mother did not want to send the child back to the school.

I find it interesting that you feel the media is distorting things. I bet the school would LOVE to be able to publicly defend itself and provide the details of the story but there are laws that protect the minors involved.

As of now, if I had to make the decision I would move the child. That said, you are talking about a school system that has tremendous challenges with the population they serve, and I am not certain they could move every child that had a problem in the school every time there was a problem. They are the equivalent of an inner city school system dealing with the issues that come with it.

 

[Dreadsox]

We pay "voluntary" fees from kindy! That does not stop some schools from not making you feel bad if you can't pay them!!!

I have worked in four schools. I have no clue what you are talking about "VOLUNTARY" fees.

I am not saying they do not exist where you are.

But there are no FEES to attend any of the three schools I have worked in nor the two schools my wife has taught in.

 

[Dreadsox]

SEXUAL HARASSMENT - STUDENTS
General
It is the policy of the Brockton Public Schools to promote and maintain an educational environment that is free from harassment, including sexual harassment. Sexual harassment is against the law and will not be tolerated by the Brockton Public Schools.

Sexual harassment is defined as repeated, unwanted, or unwelcomed verbalisms or behaviors of a sexist nature related to a person's sex or sexual orientation. In addition, sexual harassment includes unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's success as a student, (2) submission to or rejection of such conduct by an individual is used as the basis for educational decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's educational performance or creating an intimidating, hostile or offensive educational environment.

While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct that if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances and including the severity of the conduct. Examples of sexual harassment include, but are not limited to the following:

Offensive sexual flirtations, unwelcome sexual advances or propositions
Continued verbal abuse or innuendo of a sexual nature
Uninvited physical contact such as touching, hugging, patting or pinching
Verbal comments of a sexual nature in front of people who find them offensive
Making obscene gestures or suggestive or insulting sounds
The demand of sexual favors accompanied by an implied or overt threat concerning an individual's scholastic status or promise of preferential treatment
Leering or stalking
Indecent exposure
Assault or coerced sexual acts
Requests for sexual favors in exchange for actual or promised scholastic benefits
Complaint Officer:
Kenneth Sennett, Ed.D, Senior Director for Pupil Personnel Services, is the complaint officer for students. Dr. Sennett is vested with the authority and responsibility of processing all harassment complaints in accordance with the procedure outlined below. Dr. Sennett's office is located in the Crosby Administration Building at 43 Crescent Street, Brockton, MA 02301-4311, (508) 894-4266.
Process

A student who believes that he or she has been subjected to sexual harassment should report the incident to any teacher, counselor or administrator as soon as possible.

The teacher, counselor or administrator will report the complaint to the principal or building administrator, who will attempt to resolve the problem in a formal and expeditious manner through the following process:
The principal or building administrator will confer with the individual who feels he or she was subjected to harassment in order to obtain a clear understanding of that individual's statement of facts. After meeting with the complainant, the complainant shall put the complaint of harassment in writing. If the complainant is unable to write a statement, the statement may be written for him/her. In the event that the principal or building administrator puts the complaint in writing, the complainant will review the written complaint for its accuracy and sign and date it. In the event that the complainant does not feel comfortable making the complaint as outlined above, he/she is free to file the complaint with any other administrator. That administrator will then coordinate the processing of the complaint with the principal or building administrator.
The principal or building administrator will then meet with the alleged harasser in order to obtain his or her response to the complaint.
The principal or building administrator may hold as many meetings with the parties as is necessary to gather facts.
The principal or building administrator will meet with other individuals who may have pertinent information.
The principal or building administrator will review any pertinent documents.
The above is an outline of steps to be taken but does not necessarily indicate the chronological order of the sequence of action.


The principal or building administrator will immediately report the incident in writing to the Senior Director of Pupil Personnel Services, if the alleged perpetrator is a student. If the alleged perpetrator is a staff member, the principal or building administrator will report the incident in writing to the Senior Director of Human Resource.

The investigation will be processed in an expeditious manner. Upon completion of the investigation, the principal or building administrator shall prepare a report outlining the findings. Both the complainant and the harasser shall receive the summary.

If the alleged perpetrator is a staff member and if sexual harassment is found to have occurred, the Superintendent shall determine appropriate disciplinary action. The disciplinary action may include: an oral warning or reprimand, a written warning or reprimand to be placed in personnel file, suspension, demotion, termination, or a combination of the above. The report of the investigation and all documentation shall be kept in the complaint officer's confidential files.
In the event that the alleged harasser is a student and if sexual harassment is found to have occurred, disciplinary action will be taken against the student according to the guidelines contained in the elementary, junior high, and high school Disciplinary Manuals.

In addition to the above, if a student believes he/she has been subjected to sexual harassment, the student may file a formal complaint with the Office of Civil Rights of the Department of Education, John McCormack Building, Post Office and Court House, Room 222, Boston, MA 02109-4557, (617) 223-4143.

The Brockton Public Schools announces that any retaliatory action of any kind taken by an employee against any student as a result of that person's seeking redress under these procedures, cooperating in an investigation, or otherwise participating in any proceeding under these procedures is prohibited and illegal, and shall be regarded as a separate and distinct grievable matter under this procedure.
LEGAL REFS.: M.G.L. Chapter 151C
A. Foundations and Basic Commitments Approved: January 6, 2004

Top of Page

http://www.brocktonpublicschools.com/administration/policy_manual/acaba.html

Here is the official Policy........NOT a lot of Wiggle Room. There is reference to another policy book, but it is not online.

 

[a-mole]

well..
if it is al that bad it really looks like there needs to be some change in raising kids in the USA

i mean, here kids grow up all right, despite the stuff little kids do

If it gets too much out of hand -> teacher/ parents + some form of punishment (clean classroom, extra homework, whatever.. scolding is mostly enough)

I still don't get the fuss
People (and that includes kids) also have to be able to learn and deal with things they do not want.
In my old days (haha... merely 20 years ago) in elemntary school: you team up with a friend and give the other person hell if they did not stop
that was sufficent.. and then you all play hide and seek again

 

[fly so high!]

Then you are missing my point.


AS an administrator, the student handbook is the bible and
There almost needs to be a separate handbook for the younger grades. I have a problem calling it "sexual harassment" but if that is what is in the handbook, the schools hands are tied.

I'm not disputing the fact that the school is not to blame! And i agree 100% with you in saying that there should be a seperate policy for say Kindergarten to years 3.(In Australia this child would be a kindergarten or a Grade 1 student considering he is 6 years old).
My problem is calling it "sexual harrasment" too! As i don't see it sexual in this particular case! It may have been a "unwanted" touch but that would be all it is! I don't think these policies should be so cut & dry,so black & white!
I do, however have some concern for the" elected persons" that are responsible for these policies, what are their occupations.....are they councellors,child therapists or child phychologists.....if not maybe the board should consider some professional advise from them,maybe the school/goverment need to be reminded what behaviours constitutes harrasment/assault!
Please don't misunderstand me, i realize we live in a letigious world right now and insurance and liability are through the roof here (Australia) too! But things don't change or get amended if we ignore it and fob it off as "well,thats the way it is,nothing we can do about it"

 

[nbcrusader]

So, what about the life of the boy, do honestly think he deserves this kind of backlash! And you talk about how the mother keeps changing her story, have you considered that it could be possible that its the media distorting it!
Maybe placing this child elsewhere maybe the best thing the mum can do, because these sorts of accusations stick like mud!

When a parent takes it to the press, instead of working through the issue with the school administration, they may have brought this upon themselves.

 

[carrieluvv]

ask yourself those questions - but then maybe you're a brick wall....

Haven't you heard the phrase "It takes a village to raise a kid"??? If the village is fucked up - then the kid may (operative word here) turn out to be fucked up...

ms giggles./.......belive me...im not a brick wall.....far from it
im the exception and a damn good one at that.

im guessing you havent spawned any offspring yet....but when yo do...your imaginary village *poof*
dont be dillusional
if you live in the U.S. most likely you will be asked to keep your kids out of the neighbors yard.

im not trying to be mean but thats the way things are...

if your youngster is seeing sexual things on tv
CHANGE THE DAMN CHANNEL!
disconnect the cable

were not hobbits afterall

 

[MrsSpringsteen]

In Brockton, boy's parents hire lawyer
School system apologizes, to alter harassment policy

By Tracy Jan, Globe Staff | February 11, 2006

BROCKTON -- One day after the Brockton school system apologized for suspending a 6-year-old boy for sexual harassment, the boy's parents hired a lawyer to investigate the school system's handling of the matter, the family's lawyer said yesterday.

The case and the widespread attention it generated has prompted the school system to change its sexual harassment policy, Basan ''Buzz" Nembirkow, superintendent of Brockton schools, said yesterday. He said that the system made a private apology to the boy and his family Thursday.

Nembirkow said in an interview that the incident never should have been labeled sexual harassment or have been referred to the Plymouth district attorney's office, which did not consider the incident a crime.

''We apologized for the mislabeling and for our procedure," said Nembirkow, who said he has received hate mail from all over the country and even a telephone call from Geraldo Rivera's talk show. ''Generally speaking, I would tend to agree that no 6-year-old could be accused of sexual harassment."

The boy, who was suspended from the Joseph H. Downey Elementary School for three days last week after allegedly touching a female classmate on the skin of her back at the waistband of her pants, began attending the first grade at another elementary school yesterday after the school system agreed to a transfer requested by his parents.

Berthena Dorinvil, the boy's mother, said she asked for a transfer to another elementary school because she did not want her son to be stigmatized at school by the incident. Her transfer request had initially been denied, so she said she kept her son home from school after his suspension ended because he did not want to return to Downey, where he had told her people were mean to him. As she unloaded groceries from her minivan in her driveway yesterday, Dorinvil said that her son is happy with his new school, which she would not name. Her son sat in the passenger seat with his seat belt on as she talked to reporters. ''I want to stand to defend my rights," she said, but declined to comment further and referred the media to her lawyer, John Pavlos, whom she retained yesterday.

''The first priority of the parents has been to restore the child to his world as a 6-year-old," Pavlos said by phone. ''I think now some of the attention and concerns of the parents are what actually happened at the school. It was certainly an inappropriate response to the behavior of a 6-year-old."

Dorinvil said that her son, an only child who has been raised in the conservative moral tradition of Haitian evangelicalism, denied touching the girl on her skin. She said he told her that he touched her on the back, over her clothes, after she touched him first.

Nembirkow said he could not discuss details of the case.

Pavlos said the Dorinvils feel that their son has been mentally and emotionally injured, but have not decided whether to file a lawsuit. First, he said, the family wants to know how the school staff treated their son during the incident. Pavlos said he intends to ask the school system more questions next week.

Nembirkow said the incident got out of hand because school staff closely followed the district's sexual harassment policy, which was established in 1999 in response to a requirement by the Massachusetts Department of Education to establish a reporting policy for all discipline cases.

Brockton will add ''inappropriate touching" to the form, so teachers and principals can check that instead of ''sexual harassment," depending on the incident, he said. All discipline will be reviewed by an administrator before referral to an outside agency, such as police or the district attorney.

''Our procedures created the situation where [sexual harassment] was the only block you could check," Nembirkow said. ''There was not an appropriate category for this kind of incident for 6-year-olds. This has gotten blown way out of proportion."

 

[Dreadsox]

[Q]''We apologized for the mislabeling and for our procedure," said Nembirkow, who said he has received hate mail from all over the country and even a telephone call from Geraldo Rivera's talk show. ''Generally speaking, I would tend to agree that no 6-year-old could be accused of sexual harassment."[/Q]

[Q]Nembirkow said the incident got out of hand because school staff closely followed the district's sexual harassment policy, which was established in 1999 in response to a requirement by the Massachusetts Department of Education to establish a reporting policy for all discipline cases.

Brockton will add ''inappropriate touching" to the form, so teachers and principals can check that instead of ''sexual harassment," depending on the incident, he said. All discipline will be reviewed by an administrator before referral to an outside agency, such as police or the district attorney.

''Our procedures created the situation where [sexual harassment] was the only block you could check," Nembirkow said. ''There was not an appropriate category for this kind of incident for 6-year-olds. This has gotten blown way out of proportion."
[/Q]

Which is the point I was making....Administrators and school staff get locked in because technically, the policy is the binding document.

 

[Harry Vest]

This is yet another prime example of POLITICALLY CORRECT FACISM rearing it's ugly head!!!

 

[nbcrusader]

This is yet another prime example of POLITICALLY CORRECT FACISM rearing it's ugly head!!!

Did you read Dread's explainations of how things work in the real world?

 

[Dreadsox]

Being new at this job, I am constantly being asked about the investigations I conduct and am I following the handbook.

Administrators do not pick punishments randomly. They go by the handbook which ensures every child get due process.

 

[a-mole]

i read all this handbook thing and how the schools hands are tied...
but is it maybe possible that the handbook might have to be rewritten?

 

[Dreadsox]

School districts and School committee's write the handbook.

The handbook is a legally binding document.

Yes, it i will have to be rewritten so that htis does not happen again.

My district has the general term harassment as well as sexual harassment. We do not have to go to sexual harassment when a six year old touches another six year old. It would most likely fall under a harassment claim which carries a lesser penalty.