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AGENTS & BROKERS ONLY |
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Other Sports & Recreation Insurance Programs |
Protecting Children Against Sexual Abuse And MolestationI recently reviewed a very good article on how to protect children against sexual misconduct in the school setting. Almost all of the advice given in this article also applies to the youth sports and recreation environment. I will review some of the highlights in this blog.
Child sexual predators fall under one of two categories: “grabbers” and “groomers”. Most sexual misconduct involves “grooming” which can easily be confused with innocent behavior. The best way to protect children against “sexual grooming” and thus sexual misconduct is to protect them against “inappropriate boundary invasions”.
Sexual grooming involves a process with the following elements:
1. Find a vulnerable child with low self confidence, low self esteem, or that is paid little attention by his or her parents.
2. Involving the child in peer like activities such as hanging out away from the ball park.
3. Desensitizing the child to touch such as by tickling, patting, stroking, or wrestling.
4. Isolating the child by spending a large amount of time with the child and urging them to keep secrets.
5. Making the child feel responsible for the sexual misconduct that has occurred.
Inappropriate boundary invasions involve the adult invading the child’s personal life or personal space by the following actions:
* Showing undue interest in a child.
* Giving gifts
* Peer like behavior like hanging out
* Granting special privileges
* Discussing adult matters
* Keeping secrets
* Being alone with, attending outings with, transporting
* Sexual jokes, showing pornography, asking sexual questions
* Hugging, kissing, physical contact
The steps for preventing inappropriate boundary invasions are as follows:
1. Educate administrators, employees, and volunteers on the definition of and interrelationship between inappropriate boundary invasions, sexual grooming, and sex abuse / molestation.
2. Expressly prohibit inappropriate boundary invasions
3. Require all employees, and volunteers to report all inappropriate boundary invasions to administration.
4. Correct and discipline offenders and those who fail to report.
It is also interesting to note that litigation for sex abuse and molestation can occur decades after the incidents since there is no statute of limitations for this type of behavior. In addition to the he alleged abuser, the legal entity, and respective directors and officers will all be sued for failure to screen, failure to respond to an allegation, or failure to implement policies and procedures to prevent occurrences. It is critical for organizations to keep all General Liability policies on hand indefinitely in the event of future litigation. In addition, the past administration will be held accountable for their lack of oversight based on today’s standards instead of past standards which were much more relaxed.
The delayed reaction nature of litigation for sexual abuse and molestation is another reason why a claims made policy form is inferior to the occurrence policy form under a General Liability policy. See prior blog on “claims made vs. occurrence”.
Source: Protecting Children From Sexual Misconduct By School Employees, Donald F. Austin and Michael Patterson, Patterson Buchanan Fobes Leitch & Kalzer, Seattle Washington.
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