Sexual harassment in School

‘Perpetrators of sexual violence have been permitted to return to the same school as their victims’, according to recent news headlines. What responsibilities do educational establishments have towards the victims and towards alleged perpetrators?

Departmental advice for schools in handling such allegations (the “Advice”) states that:

The welfare of students is the main duty of schools and colleges. A school’s approach to sexual violence and sexual harassment should reflect and be part of its broader approach to safeguarding. Safeguarding procedures in relation to such offences should be transparent, clear and easy to understand for staff, pupils, parents and carers.

Schools and colleges should not normalise abusive behaviours by classifying them as “banter”, “part of growing up”, “just having a laugh”, or “boys being boys”. They should take disciplinary action over actions such as touching bottoms, breasts and genitalia and flicking bras and lifting up skirts.

When an allegation has been made, schools should consider:

• the most appropriate language to use (e.g. is “victim/perpetrator” appropriate in the particular situation?)
• age and the developmental stage, the nature of the allegations and the potential risk of further abuse;
• needs and wishes – the victim’s should be paramount (along with their protection);
• how to enable the victim to feel in as much control of the process as is reasonably possible;
• if they wish, wherever possible, victims should be able to continue in their normal routine, and school should be a safe space for them;
• they should never be made to feel they are the problem, or made to feel ashamed for reporting an incident; and
• support should be tailored on a case-by-case basis – the response should be proportionate.

A child abusing another child may be a sign they have been abused themselves or a sign of wider issues that require addressing. Schools responses should be proportionate to their age and developmental stage and the nature of the allegation and should balance the safeguarding of the victim (and the wider student body), with providing the (alleged) perpetrator with an education and safeguarding support. Advice is available from the NSPCC and Safeline.

Schools and colleges should immediately exclude where a criminal investigation into a rape or assault by penetration has led to a conviction or caution, because allowing the perpetrator to remain in the same school or college would seriously harm the education or welfare of the victim (and potentially others).

As regards sanctions applied to perpetrators, exclusion law does not work easily alongside the slow speed of criminal investigations into allegations of sexual assault by pupils. Where an allegation is progressing through the criminal justice system, schools and colleges should be aware of anonymity, witness support and the criminal processes in general so they can offer support and act appropriately. Even if there is no conviction or caution in a criminal court (where the threshold of a decision is beyond reasonable doubt) this does not preclude the school sanctioning the behaviour as the threshold to which schools are held is the balance of probabilities. In certain clear cases a permanent exclusion may be justified immediately. However more typically an extended fixed term exclusion may be needed to allow a school to complete its process without compromising a police investigation. Once that process is complete, if sufficient further evidence has come to light, a further permanent exclusion may be necessary.

If the (alleged) perpetrator remains at, or returns to, the school or college, the head teacher or principal should determine the most appropriate way to manage potential contact on school and college premises and transport to avoid harm to the education or welfare of the victim (and potentially others). If a permanent exclusion is not warranted but managing contact is difficult, it may be possible to provide alternative provision for the perpetrator, but that needs to be handled very carefully from a legal perspective.

In all cases, schools and colleges should record and be able to justify their decision-making. The needs and wishes of the victim should be at the heart of the process (supported by parents and carers as required). Any arrangements should be kept under review.