“Individuals with histories of sexual misconduct were hired or retained by public and private schools as teachers, administrative and support staff, volunteers, and contractors…Even more disturbing…offenders used their new positions as school employees or volunteers to abuse more children after they were hired.”
The above quote was taken from the December 2010 US General Accountability Office (GAO) study conducted to (1) determine factors contributing to sexual abuse of students and (2) provide an overview of state laws regulating school personnel employment and background investigations. The Report was issued amidst an increase in national media articles citing such incidents. A previous Department of Education report estimated that millions of students are subject to sexual misconduct between kindergarten and twelfth grade.
The study identifies 4 primary factors contributing to the harmful employment results described above, and stresses that current state-mandated investigation systems are largely insufficient. While the GAO Report focuses on sexual predators, national media articles show that sex offenders are not the only type of unsuitable candidates “slipping through the cracks” –the following factors can also lead to the employment of other unsuitable employees.
1. Voluntary Separation and Positive Recommendations:
Too many schools allow employees to resign rather than face punishment for sexual misconduct, and often provide positive references or decline to comment. These offenders are then able to obtain new employment in other schools, and harm more children.
2. Red Flags on Employment Applications:
While many schools require applicants to answer questions regarding their criminal history, some failed to follow-up with applicants when they received problematic responses.
3. Nonexistent Preemployment Criminal History Checks:
Almost all states have laws mandating background investigations, however, these requirements often only apply to certain types of employees. In addition, schools do not always comply with state regulations. Whatever the reason, the GAO Report cites multiple cases where no investigation was performed and, as a result, registered offenders were hired.
4. Inadequate Criminal History Checks:
To many, the most surprising finding was that even when schools conduct background investigations, they may not identify applicants’ criminal records. The GAO Report documents that when school districts rely solely upon state-mandated investigation procedures, they may still miss criminal records.
George Miller, US House of Representatives and chair of the House Committee on Education and Labor, spoke for many in his reaction to the findings: “I think this report tells us that we should be very concerned…The current system clearly has huge gaps in it…And that is just not acceptable.” To find out more about how these gaps are possible, and how they can be filled, contact Baker-Eubanks COO, Ann Johnston at ann@bakereubanks.com.