1. Managing Reports of Educator Misconduct
Prepared by:
Laura Kirschstein, Vice President
Sexual Misconduct Consulting & Investigations Division
T&M Protection Resources, LLC
230 Park Avenue, Suite 440
New York, NY 10169 /
Confidential

2. Laura Kirschstein
Former sex crimes prosecutor for the New York County District Attorney
Former First Assistant at the Organized Crime Task Force for the New York State Attorney General
Former adjunct professor of Criminal Justice at Pace University
26 years of experience
Investigated hundreds of sexual assault, abuse and harassment cases
Authored and assisted in authoring school policies
Bucknell University and Temple Law grad
Former school athlete
Coach for youth soccer team
Mother of three
Laura Kirschstein
Vice President
Sexual Misconduct Consulting & Investigations
Direct:
Confidential

3. Alumni Allegations of Sexual Abuse
Numerous reports by alumni around the country
Boarding and day schools
Often dating back to the 70s and 80s
Reporting by , letter, call, social media
Facebook, Survivors’ websites, blogs
Myriad of cases in the news on a daily basis
It can happen at your school and you need to be prepared for it
Confidential

4. Immediate Steps to Consider
Call your lawyer immediately - do not sit on this allegation for even a day
Insurance Carrier- coverage at time of abuse
Do you have to make a report pursuant to New York State’s Mandatory Reporting Laws or notify law enforcement?
Are you obligated to report?
Risk of not reporting
Do you authorize an Investigation
If so, you must choose an Investigator- engaged by counsel
A Media Consultant or Crisis Management Firm to handle strategy, press, communications
Every state in the United States has a mandatory reporting law that requires certain individuals, deemed “mandatory reporters” to make a call to child protective services or law enforcement if they reasonably suspect a child has been the victim of physical abuse, sexual abuse or neglect/maltreatment. These laws vary from state to state with regard to who is deemed a “mandatory reporter”. In every state, school officials are considered “mandatory reporters” however these laws vary with regard to who must perpetrate the abuse or neglect for it to be reportable. For instance, in New York State, only abuse and neglect perpetrated by a parent, guardian or someone else legally responsible for the child, must be reported. In Pennsylvania, and many other states, such abuse or neglect perpetrated by anyone must be reported. Thus it is important to know your state’s mandatory reporting law to determine if a report must be made and if it must, do so immediately.
Confidential

5. Your Lawyer Attorney represents the School
Employees may need their own counsel
Biggest mistakes are made when a school does not seek legal advice and makes decisions in the beginning that cannot be undone
Should be someone who has done this before - your lawyer versus insurance company lawyer
Will guide you regarding responding to the complaint
Knee-jerk reaction to investigate
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6. Responding to the Allegation
Need to think carefully about how to respond
Will you meet with the alleged victim?
Head of School to Chair of Board
What are you trying to learn?
Are they represented?
What are they looking for?
Do they indicate why now?
Think about what you may offer if asked
How you respond sets stage for how School will be viewed by others - most importantly the victim
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7. What else do you need to know?
Does allegation involve a current employee?
If not, where is former employee now?
Do you know circumstances of their departure?
References or Recommendations in file or provided by School
Discuss vetting information with small group
Begin locating specific documents and files
Social media
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8. Notification to Law Enforcement
Think about how you will handle
Will School call?
Will you disclose the names to law enforcement if requested?
Background investigation?
What will they do?
Need to have discussed this and understand what could happen if report and if do not
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9. Authorize an Investigation
Need to determine if best course of action
Outside and independent/external
Privileged and confidential
Fact finding mission
Will there be a committee of board of trustees or others as oversight to whom investigator will report?
Think about composition of that committee
Decision made at beginning regarding how will handle specific issues
Who will conduct the investigation?
How will you notify the community?
Confidential

10. Engaging an Investigator
Engaged by Legal Counsel and Privileged
No relationship to school, board members, other school employees, attorney for school
Someone who has conducted these types of investigations and understand the sensitivities
Conduct independent and complete investigation
When done internally optics are bad and scream cover up
Transparency is crucial
Looking at School’s knowledge of abuse
Possible abuse by other employees
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11. The letter Do you send out a letter? Do you name the perpetrator?
What does the letter say and to whom is it distributed?
Alumni
Current /former employees
Former parents
Board members
Are you reaching former non graduating students and other members of community?
Media Consultant’s involvement
Encourage the reporting of incidents of abuse
Engage Investigator to receive complaints
In light of many claims reported in schools
In support and protection of community
Notify of current policies and procedures for protection of students
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12. Other issues to consider
How will reports be received?
School
Counselor
Investigator
Talking points for counselor
Telling your School employees
System in place
Google doc
Spreadsheet s
Be organized
Information cannot fall through cracks
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13. What Investigator will need from you
Create list of individuals that may have knowledge
Current and former employees at time of abuse
Board members at time of abuse
Other parties with knowledge of alleged abuser
Old Documents/ s
Organization chart
Where are they and what do you have
Yearbooks
Personnel files
Board minutes
Those other infamous “files”
Is there a “scary room”?
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14. Questions to be prepared for by Victims
“Why Now”?
“Where Were You All Of These Years”
Allegations of “Open Secret”
Assumption that adults were aware and did nothing
Were there reports
Lack of sensitivity and concern
How to handle confidentiality versus anonymity
What victims and other witnesses will be told at the outset about the investigation
Naming names
Anger
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15. In the end
Need to answer the question of what happened and how it happened
Did other students know?
Did adults know?
Should they have known?
Were telltale signs missed?
Was someone allowed to stay and as a result victimized others?
Reporting the findings
Public report versus internal to board
Confidential