As part of a growing team that works to prevent educator sexual misconduct, I’ve seen firsthand the damage a few employees can have on the community’s trust, not to mention the long-lasting damage to the student victim involved. Lives and careers can be ruined, and families understandably become concerned about the safety of their children.

In the wake of the scandal that is still broiling at Penn State, I’ve been surprised at the lineup of pundits and talking heads claiming that Penn State’s awful failure to report and protect the alleged victims is due to Paterno’s brand-like status and his football program’s renowned success.

Dave Zirin, perhaps the most prolific sports writer of our time, writes about the politics of sports for the Nation Magazine and is also the host of Sirius XM Radio’s popular weekly show, Edge of Sports Radio. In his blog by the same name, Zirin writes:

“This is what happens when a football program becomes the economic and spiritual heartbeat of an entire section of a state…It’s no wonder that Paterno is revered. He took a football team and turned it into an economic life raft for a university and a region. When something becomes that valuable, a certain mindset kicks in. Protect the team above all other concerns. Protect Joe Pa. Protect Nittany Lions football.  Protect the brand. In a company town, your first responsibility is to protect the company. If the allegations are true, if the school in fact knew this was going on, then the program should be shut down.”

But Zirin is mistaken. The events reported in the press are not a problem specific or unique to the Penn State football program. Whether it’s a school, church, daycare, seminary, or football program, protecting the organization often trumps protecting the students.  And this pressure to protect the “company” is just as real for a small organization as it is for a powerful $50 million a year football program. That’s why what happened at Penn State is not about football, it’s about how we, as a culture, deal with child abuse.

In fact, by labeling Penn State’s failure to report and protect as something that could have only happened in the context of protecting a profitable revenue cash cow, we miss an important “teachable moment” for us all.

Regardless of whether we’re working behind the counter at McDonald’s and dealing with an angry customer or acting as the CEO of BP during an oil spill, the pressure can be very real “protect the Company.” If we become aware of some type of troubling situation that could threaten either the organization we work for or ourselves in some way, there is often a knee jerk reaction to protect the institution, protect your coworkers, or protect yourself. This desire to defend is a basic human instinct and one that undeniably leads to justification.

If organizations teach and model strong and clear policies, the negative effects of our natural defense mechanisms can be mitigated. For instance, a well-trained McDonald’s employee will seek their customer’s satisfaction and apologize before taking the defensive route. Similarly, a well-trained educator will make a report to their administration as well as a child protective services agency if they have a reasonable suspicion that child abuse is occurring. At MRC, we train our clients to follow a simple guideline: If you have to ask yourself the question, “Should I report this or not?” Chances are that the answer is yes.  If shouted from the organizational mountain top, a simple and short policy addendum such as this can dramatically decrease employees’ natural resistance to report.

When organizations miss this opportunity to instruct, guide, and train their employees, they also miss out on the ability to predict how their employees will respond in a particular situation. On the other hand, with just an hour of impactful training, we help our clients avoid situations that lead to divided communities and victimized children.

To the victims of abuse and their families, nothing can undo the wrong you’ve suffered. But, through better policy and improved individual action, we can all make sure similar offenses won’t go unnoticed again.

-Jason Franklin
COO, MakingRightChoices

MakingRightChoices training program focuses on promoting the type of awareness and action that maintain a safe and sexual misconduct free educational environment. It empowers educators with knowledge and skills to recognize and respond appropriately to risky behaviors and situations of all kinds.

Chief Administrative Officer, SCSRM

Dr. Karla Rhay, SCSRM’s Chief Administrative Officer said this type of training is essential for anyone who works with children of any age. “The training is developed for everyone who comes in contact with a child…it’s basically about making right choices and fostering a safe learning environment for our students and educational community.”

SCSRM chose to work with MakingRightChoices because of their unique approach to the sensitive topic of educator sexual misconduct. While many training programs focus on the DON’Ts of student/educator interactions, MakingRightChoices’s training program treats every school employee as a partner in maintaining healthy learning environments. By focusing on the DOs of successful student/educator relationships, MakingRightChoices tackles what can be a difficult topic in a positive way.

MakingRightChoices will customize their 90 minute web-based training course called “Preventing Sexual Misconduct.” This training was developed in collaboration with experienced and recognized experts representing different sectors including: school administrators, PTAs, teachers, attorneys, clergy, psychologists, school counselors, instructional design experts, and risk management practitioners. As a result of this unique year-long alliance, MakingRightChoices has established a training program that sets the industry standard for quality and effectiveness.

The training includes real interviews with educators who’ve crossed the line with students. Participants also engage in realistic scenarios that test educator’s ability to recognize red flags and react appropriately to challenging situations. MakingRightChoices’ CEO, Dr. Glenn Lipson, said “Educators should be subjected to examples of misconduct and predation that they can relate to, and understand their active involvement and participation to resolve the problems. These and other similar issues can be addressed through proper training and orientation.”

The training will be presented to about 70,000 SCSRM constituents over the next few years.  This is the first installment in a series of courses on educator sexual misconduct. MakingRightChoices will also develop an instructor-led seminar as well as training to help students recognize and respond to challenging and inappropriate situations.

About Southern California Schools Risk Management Joint Power Authority

SCSRM is one of California’s oldest joint powers authorities, representing about 70 thousand k-12 school employees and about 300 thousand students. To better serve the districts they represent, they tapped the services of MakingRightChoices to provide training and risk management solution through web-based and instructor-led training.

More information about The Southern California Schools Risk Management Joint Power Authority can be found at http://scsjpa.org/.

-Jason Franklin
COO, MakingRightChoices

Nicolei Hurtado Ocaña:

May 20, 2010 — Los Angeles, California — A Compton High School math teacher remains in custody after his arrest this month for on-campus sexual assaults of students.

Nicolei Hurtado Ocaña, 28, of Placentia, is accused of unlawful sexual abuse of three female students. The purported crimes occurred between Sept. 1, 2008 and April 21, 2010 and involved two 16-year-old females and one who was 15.

According to the District Attorney’s office, Ocaña was charged with two counts of lewd act upon a child, two counts of contact with a minor for a sexual offense and one count each of oral copulation of a person under 18 and misdemeanor child molestation.

Ocaña has pleaded not guilty and is being held on $390,000 bail. His appearance in Compton Superior Court is scheduled for June 1.

If convicted of all counts, he faces up to six years in prison.

Dale Joseph Evers:

May 20, 2010 — Banks, Oregon — Local police are asking for the public’s help in locating more alleged victims of Dale Joseph Evers, a local dairy farmer who has been arrested twice on crimes against female teenagers.

Evers, 42, was first indicted by a Washington County grand jury in March for inappropriate sexual touching of girls and furnishing alcohol to a minor.

He was arrested again this month after a 22-year-old young woman claimed he had molested her for a year when she was 12 years old. The girl had been invited to Evers’ farm to see animals, but his friendship became abusive and sexual over time, according to reports.

The woman told police that she had been too afraid and embarrassed to report the crimes originally, but was empowered to come forward after his first arrest. Detectives believe there may be more victims.

Banks was a volunteer in Banks High School’s Future Farmers of America program, as well as with the local fire department. He has been suspended from all duties during the on-going investigation and remains in jail on $1.25 million bail.

The new charges include five counts of first-degree sexual abuse and one count of second-degree sexual penetration. Banks has denied all accusations.

A trial date for the first charges is set for August.

Ryan Zellner:

Manitowoc, Wisconsin — On May 12, 2010, a former Kiel High School teacher and basketball coach appeared in court to face charges for inappropriate sexual behavior with seven female students.

The criminal complaint against Ryan Zellner, 32, includes one felony count of exposing a child to harmful descriptions; two felony counts of solicitation of sexual exploitation of a child; two felony counts of misconduct by a public employee; one felony count of sexual assault of a child under 16; one felony count of use of a computer to facilitate a child sex crime; one felony count of child enticement; one misdemeanor count of fourth degree sexual assault of a child; one count of child enticement; and two counts of causing a child to view and/or listen to sexual activity. The investigation continues.

Court documents describe the allegations dating back to 2007 when Zellner asked a 15-year-old student for naked photos. Later, he reportedly grabbed her breast while the two were alone in his classroom.

As the criminal probe widened, detectives seized electronic media and phone records to make their case. In one instance, police recovered photos of a man naked from the waist down and matched underwear from Zellner’s home to the photos. In another example, Zellner is said to have exchanged more than 10,000 texts, phone calls and pornographic cell phone photos with one girl during a four-month period. The minor told authorities Zellner also fondled her several times.

Before Zellner was hired at Kiel, he taught social studies, history and economics, and coached basketball at other local high schools.

Zellner has pleaded not guilty due to “mental disease.” He will be evaluated by a psychologist and remains jailed on a $100,000 cash bond. His preliminary hearing is set for June 4.

Jennifer Gardel:

Las Vegas, Nevada — On May 5, 2010, Jennifer Gardel, 30, was arrested after confessing to having sex with a 17-year-old male student.

Gardel had been employed since 2007 by Las Vegas High School to teach Spanish, theater and theater tech.

Initially Gardel told police that her relationship with the student consisted only of “sexting” and kissing, but later admitted being in love with the teenager. She denied having sexual relations, saying she wanted to wait until he turned 18.

But the youth told detectives that Gardel invited him to her home where they had sex. He also described several other sexual encounters in her classroom, in the theater sound booth, and in Gardel’s Ford Focus.

Faced with her victim’s statement, Gardel made a taped admission to police.

She is charged with six counts of sexual misconduct with a student and was released on $18,000 bond. Her next court appearance will be in July.

Gardel is no longer employed by the Clark County School District.

-Glenn Lipson, PhD
 CEO, MakingRightChoices

Emily B, a bright, creative, and attractive sophomore attended the history class of Mr. L. a popular teacher who had a ‘knack’ for relating to his students. When Emily B. completed the course, she continued to stay in touch with her former teacher.

During the first semester of Emily B’s senior year, their contact intensified and became more frequent as Mr. L. offered to help her with her college essays and writing letters of recommendation to the colleges she applied in. Numerous exchanges of emails with revisions and suggestions for these applications led to more frequent meetings. It is important to note that these communications did not involve her parents.

As do many students, Emily B was experiencing much anxiety about making the transition from high school to college.  How would she do living away from home?  Was she going to the right college?  Would she succeed in college?

Mr. L. became the sympathetic ear, spending more time with her as graduation approached.  After graduation, and her 18^th birthday, he began a physical /sexual liaison that would last four years.  He would chat with her nightly throughout her college years and fly out for their sexual trysts on extended weekend visits.  Most importantly, he demanded the relationship be kept secret from her parents and his colleagues.

The keeping of secrets is a big red danger flag.  Oftentimes, it may be a sign that someone is acting in an improper manner – and knows it.  A student should be taught to run, not walk, when someone says, “This will be our little secret”.  The power of a secret lies in its ability to separate a person from family, friends, and peers.  Secrets are often one of the first signs of abuse in both domestic violence and sexual abuse cases. It is implied that if the person who is being abused tells this secret, they will feel ashamed and the abuser will face horrible consequences.  The victim believes they will be held responsible for what should have remained “private”.  Sadly, this is not completely wrong, as we live in a society where students are often blamed for the downfall of a popular teacher, coach or other employee.

A students’ admiration of the positions held by teachers, coaches and other school employees can be used to foster dependencies. Emily B, an Honors Student, felt fortunate to be with Mr. L.  as he showed more maturity than other boys her age and he had, or so she thought, the capacity to be emotionally present. The concern that he was almost 50 years old was soon squelched by the level of attention he provided.  He was generous with his opinions and advice and she felt unable to live without him.

As their relationship progressed, Mr. L. told Emily B that since he had an allergy to latex, he was unable to use condoms. He informed her that he had spent his life using the “rhythm method” of birth control, and guaranteed she would never get pregnant.  Emily B had not been intimate with anyone before and since Mr. L. established himself as her “protector”, she went along with this.  Needless to say, the song, “I got rhythm, I got music, who can ask for anything more” should have also mentioned a baby. When Emily B became pregnant, Mr. L pressured her to have an abortion. Shame, guilt and the fear of being disowned kept Emily B from telling her family, who together with her friends, were still unaware of the relationship. She listened to Mr. L. and underwent the abortion. Mr. L. now had near total control of Emily B and this relationship precluded any other dating or even having appropriate relationships with students her own age, isolating her further from friends and family.

Emily B’s emotional distress, however, was a saving grace, because it eventually progressed into a full blown clinical depression that demanded a leave of absence from college. Upon returning home, her parents asked her to undergo therapy, where she finally revealed the details of her relationship with someone. This was life changing.  She has now been in treatment for more than two years and is still uncovering layers of damage that the relationship with Mr. L. created. She became aware that Mr. L. would not and/or could not end the relationship and with the therapist’s support, Emily B ended it.  Mr. L. then called and e-mailed Emily B, threatening to commit suicide if she did not come back to him.  He told her how much she needed him and offered to marry her in a couple of years.   With her new-found support network, Emily B did not respond to his entreaties.

The emotional devastation and deterioration that this relationship left in its wake demonstrated to Emily B that Mr. L. was too focused on his own needs to truly care about her well-being. To her chagrin, she discovered that two months after their relationship ended, Mr. L. found another 18-year-old recent graduate. Spotted together by faculty, Mr. L. was asked to meet with administrators for questioning.  However, nothing happened because she was, after all, 18 and a high school graduate.

Neuroscience tells us that the frontal lobes are still developing until around our early 20’s.  Benjamin Franklin anticipated today’s research findings.  “You cannot put an old head on a young shoulder”.  The cortical basis, critical for full deliberation, is not just there yet.  This means that an 18-year old student is still vulnerable and unable to comprehend all the implications of a relationship such as the one described above.   This is especially important to remember during stressful times of transition.  Teachers and other staff members need to recognize the influence they wield and the power of their authority. They can influence the path a student takes.  Hopefully, they will support healthy and life-affirming choices.

I want to thank Emily B. for giving permission for her story to be told.

In future blogs we will delve into other topics related to school employee sexual misconduct.  We will also discuss cases in the news and look into ongoing research in this arena.

Take care, check in with us from time to time, and together we can and will make a difference.

Thank you, Glenn S. Lipson Ph.D.

Today I want to discuss a case that involves a slippery slope of self- justification that is definitely not “The Sound of Music” to my ears.  With apologies to Rodgers and Hammerstein, the (parodied) lyric, “You are 17, going on 18, which is when I will sleep with you, you need someone older and wiser telling you what to do”, should never be sung to students by any staff member!  There is large number of cases of sexual misconduct that do not result in criminal prosecution or end up in the research statistics but still result in potential civil liability and certain human suffering.  These “Waiting ‘til 18” relationships pose dilemmas for courts, administrators and all who care about the welfare of our children.

The notion that a student turning 17 or 18 can now with clarity consent to having sexual relations with a school employee is simply wrong.  Licensed therapists treat adults over the age of 18 and they are still ethically bound to not become intimately involved. Most states understand the power differential inherent in this type of relationship and have criminalized such conduct.  A therapist can exercise undue influence and exploit clients if so inclined and since this did in fact occur, laws were passed and training was enhanced.  Hence, states now clearly mandate that therapists may not become sexually or otherwise intimately involved with their clients.  Why discuss this here? In point of fact, many teachers hold roles similar to therapists in a student’s life.  On occasion, school staff members can be described as de facto therapists because of their genuine and even admirable desire to help and guide students through times of emotional turbulence.  Educators learn intimate details about their students and can form enduring bonds.  Therapists and/or school employees might be idealized and become “objects of transference”.

A staff member’s interest in a particular student has the power to make the student feel wonderful at first.  In fact, we have trained students to raise their hands and to feel wonderful when they are granted a turn to shine in the spotlight with the correct answer.  This joy of recognition by the employee may be used to influence the senior or recent graduate to make choices that are not in the student’s best interest.  So, whether in a therapist’s office or in a school, these types of hierarchical relationships require clear and firm boundaries. In other words, the employee needs awareness of and training in the ethics and responsibility of avoiding opportunities for exploitation that will cause harm.

To be continued….

In part two, I’ll present a true case study that illustrates the above. Stay tuned!

Thank you, Glenn S. Lipson Ph.D.