summer homework: steps our schools can take now to gear …summer homework: steps our schools can...

1© 2017 Venable LLP

Summer Homework: Steps our schools can take now

to gear up for a safe, productive new school year

2018 Southeast State Association Executive Director’s Retreat Caryn Pass

Megan Mann .


Preventing and responding to allegations of abuse and harassment– A few key things schools can do over the

summer– We will discuss

• Adult abuse of students– Current students, alumni

• Misconduct and abuse by/between students• Harassment by/between employees

Vetting adults and students Creating safe spaces for transgender

students Written policies (review those handbooks!) Field trips and other activities

Discussion Topics (m)

Wise In The School World


Guide the schools to focus on “summer homework”– Reduce liability for the school– Reduce liability for the association•Schools call with questions about

these high-risk topics – Maintain excellent reputation •No one wants to have “that

school” or be “that association who gave bad advice”

The Association’s Role (c)



What can our schools be doing NOW to keep students and employees safe? How can they work to prevent abuse, harassment, and other misconduct against students and employees? Review adult and student vetting procedures

– We will discuss this in greater detail shortly Establish training & communication

– Adults • Student Safety

– Boundaries, grooming– Mandatory reporting– Bullying – Listening and responding

• Workplace conduct – Harassment and other misconduct reporting

– Students• Sexual conduct and consent• Alcohol, drugs• Social media• Harassment and bullying

Make a plan to clearly communicate expectations and consequences where possible

Preventing Abuse and Harassment (m)



What else can our schools be doing NOW?

Review handbook policies – Boundaries– Social Media/Communications – Mandatory Reporting – Student Conduct & Discipline

Discuss how to create a safe space for reporting complaints

Preventing Abuse and Harassment (m)



Student Abuse by an Adult– Current v. alumni – Reporting up and out

Student on Student – 24/7 v. “daytime” school– What is the standard for determining consent?

Employee Harassment

Investigate & Document – Respond, don’t (over)react– When schools need an external investigator

Preventing and Responding to Abuse Allegations (c)



Adults– Schools should take the summer to review

hiring, service provider contract, and volunteer vetting processes • Employees• Service Providers• Volunteers

Students– Domestic– International

Vigilance in Vetting (c)



Food for thought over the summer– What is the school’s approach with regard to the

education and social relationship?• Consider culture• E.g., use of name, uniform, etc.

– What is the school’s approach with regard to the physical plant?• Bathrooms, locker rooms, theater changing

areas, etc.

Safe Spaces for Transgender Students (c)



Summer is the perfect time to audit documents!

Employee Handbook – 2017-2018 Trends

Student Handbook – 2017-2018 Trends

External Policies – Be consistent!

School Documentation (m)



Circle the wagons and map out the categories of upcoming trips and activities – Any high risk activities? Domestic v.

international trips?– Develop a clear policy establishing the process

for designing a trip What does the enrollment agreement say? What other forms do we use?

– One-time for all activities v. one-per-activity – Trip forms – Medical fitness to participate – You can never really close the liability gate,

but let’s not leave it swinging wide open• Include liability waivers in all forms

Agreements with 3rd parties?

Athletics, Field Trips, & Other Activities



Venable Independent School Law Practicewise in the school world

www.Venable.com/education@schoollawyer

Caryn Pass Megan [email protected] [email protected](dc) 202.344.8039 (dc) 202.344.4520(ny) 212.307.5500 (ny) 212.370.6260 (cell) 202.222.8026 (cell) 917.597.1705

Janice Gregerson Lauren [email protected] [email protected](dc) 202.344.4768 (dc) 202.344.4329(cell) 703.501.6518 (cell) 217.691.9629 Wise In The

School World

http://www.venable.com/education

mailto:[email protected]





the road aheadis bright


summer homework: steps our schools can take now to gear …summer homework: steps our schools can...

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