Posted on October 18, 2008 by Debbie Ausburn

The Joy of Conferences

A few weeks ago, I spoke at the Georgia Association of Young Children (GAYC) annual conference, and in late September, I spoke at the conference for the Southeastern Section of the American Camping Association.  I thoroughly enjoyed both conferences.  It always is good to re-connect with old friends, and to remember why I enjoy so much working with people who work with kids.  

My topic in both seminars was how to implement the recent CDC guidelines on "Preventing Child Sexual Abuse in Youth-Serving Organizations" (PDF available here).   I helped edit the final report (finding my name on the acknowledgements page was pretty cool), and was impressed with how much work went into the project.  Given the CDC's stature, these guidelines are likely to become an important standard in the field.  The CDC imprimatur also means that the guidelines are likely to show up in lawsuits. Plenty of directors will find themselves answering a lawyer's question, "Did YOU implement the CDC's recommendation on page 4?" 

I hope to be at the ACA's National Conference in February.  If you're there, be sure to look me up and introduce yourself.

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Posted on October 3, 2008 by Debbie Ausburn

School Sued After Employee Arrested

Another school has been slapped with a lawsuit after an employee was arrested for molesting students.  This story is depressing, but also intriguing (at least to lawyers) because of the legal basis for the suit.

 According to newspaper reports:

The lawsuit says school officials never should have hired [the employee], who was serving five years of probation for bank fraud and whose criminal history includes arrests for making harassing telephone calls, DWI, violations of protective orders and theft. . . . [He] had been reprimanded more than once for acting inappropriately with school staff, and on one occasion he used vulgarities toward a teacher, the suit says. 'Several teachers complained to school officials that janitor Schwertz appeared at school impaired on occasions and complained that he locked the bathroom doors for no apparent reason,' it says.

That sort of history would not be grounds for a lawsuit in some jurisdictions.  In Georgia, for example, the plaintiffs would have to show a history related to the conduct in the lawsuit.  In other words, lies about education or prior employment are not enough when the claim is sexual assault. Munroe v. Universal Health Servs., Inc., 277 Ga. 861, 596 S.E.2d 604 (2004). Washington, on the other hand, recently issued an unpublished opinion disagreeing with Georgia's rule.

 It's also interesting that the lawsuit cites numerous arrests, but only one conviction.  The question of what to do when arrests show up in a criminal history is a tough one for employers.  An arrest with no subsequent conviction may mean only that someone got mad at the employee, or it may mean that he or she truly is dangerous.   At the very least, an employer should ask questions, investigate when necessary, and document what he or she finds out.

 
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