Draft Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools SAPA Meeting

Overview Purpose Legislative Framework International National Access to the National Protection Register & National Register for Sex Offenders Roles and Responsibilities Reporting Guidelines Disciplinary Guidance Key Stakeholder Roles & Responsibilities

Purpose Provide schools, districts & provinces with standard operating procedures/guidelines when addressing allegations of sexual abuse and harassment. Specify in details how schools must respond to reports of sexual abuse and harassment perpetrated against learners.

Legislative Framework United Nations Convention on the Rights of the Child (CRC) of 1990 African Charter on the Rights & Welfare of the Child of 1990 SA Constitution, 108 of 1996 SASA, 84 of 1996 Children’s Act, 38 of 2005 Criminal Law ( Sexual Offences and related Matters) Amendment Act, 32 of 2007 SA Council for Educators Act, 31 of 2000 Employment of Educators Act, 76 of 1998 Labour Relations Act, 66 of 1995 Public Service Act, 103 of 1994

Access to Registers National Protection Register & National Register for Sex Offenders DoJ and DSD have developed registers to record names of persons found unsuitable to work with children and people with mental disabilities The National Register for Sex Offenders: persons convicted with charges of sexual offences against a child or a person with a mental disability The National Child Protection Register: names of persons found unsuitable to work with children due to unwanted acts previously committed against children It is the responsibility of every employer to vet employees and complete a certain form obtainable from the two Departments

Roles & Responsibilities The Draft Guidelines outlines responsibilities for: DBE National Office PEDs Districts Schools Principals SGBs SMTs Educators Learners Parents or Guardians

Reporting Guidelines Guidelines also clarify Jurisdiction Disclosure Procedure to be followed Investigations by who & how Reporting process where, who & how

Disciplinary Guidance If an educator is an alleged offender Suspension in terms of EEA If a learner is an alleged offender Corrective measures to be applied as per school policy guidelines Consequences for failure to adhere to the protocol

Key Stakeholder Roles & Responsibilities Identified stakeholders are: SAPS SACE DSD DoJ NPA Health