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

2. 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

3. 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.

4. 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

5. 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

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

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

8. 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

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