PROTECTED BY CRONYS AND SOLs

Across region, outdated Sex Abuse laws have
loopholes

Statutes of limitations bottle up information about who the perpetrators are and which institutions are covering up the incidents…

BOSTON, MA  –  Licensure

Public school teachers are generally required to be licensed, allowing the state to investigate complaints of misconduct and ban educators who are found guilty.  Some experts say private school teachers should be licensed or registered with states as well.

Connecticut

Private school teachers are generally not required to be licensed.

Maine

Private school teachers are not required to be licensed if the school is accredited by the New England Association of Colleges and Secondary Schools.

Massachusetts

Private school teachers are generally not required to be licensed.

New Hampshire

Private school teachers are generally not required to be licensed.

Rhode Island

Private school teachers are generally not required to be licensed.

Vermont

Private school teachers are generally not required to be licensed.

Privacy Laws

Some states have privacy laws that discourage schools from warning other schools about teachers who have been fired for misconduct.  In addition, most states allow schools to reach confidential settlements that can keep incidents secret.  Some advocates are urging states to pass laws banning confidentiality pacts and requiring schools to disclose misconduct to other schools.

Connecticut

The state recently passed a law barring public schools from signing confidentiality agreements that would suppress information about sexual misconduct by staff members.  The law also requires educators, when they are seeking new jobs, to provide a list of past employers and give those employers permission to disclose any information about past misconduct.  But the provisions only apply to public schools, not private schools.  And a separate law bars employers from disclosing personnel information without written permission from the worker.

Maine

There is no legal requirement for schools to warn other institutions when a worker who has been accused of sexual abuse applies for jobs elsewhere.  Nor is there any law barring schools from signing confidentiality agreements to resolve allegations of sexual abuse.

Massachusetts

There is no legal requirement for schools to warn other institutions when a worker who has been accused of sexual abuse applies for jobs elsewhere.  Nor is there any law barring schools from signing confidentiality agreements to resolve allegations of sexual abuse.

New Hampshire

There is no legal requirement for schools to warn other institutions when a worker who has been accused of sexual abuse applies for jobs elsewhere.  Nor is there any law barring schools from signing confidentiality agreements to resolve allegations of sexual abuse.

Rhode Island

There is no legal requirement for schools to warn other institutions when a worker who has been accused of sexual abuse applies for jobs elsewhere.  Nor is there any law barring schools from signing confidentiality agreements to resolve allegations of sexual abuse.

Vermont

There is no legal requirement for schools to warn other institutions when a worker who has been accused of sexual abuse applies for jobs elsewhere.  Nor is there any law barring schools from signing confidentiality agreements to resolve allegations of sexual abuse.

Mandatory Reporting

States generally require certain professionals, including educators, to report cases of child abuse to state welfare officials.  But some advocates say the laws do not always include tough enough penalties or rigorous enforcement.

Connecticut

If educators fail to report sexual abuse of a student by a school employee, they could face a fine of up to $500.  The state has prosecuted a number of people for violating the mandatory reporting law in recent years.

Maine

If educators fail to report abuse of a child, they could face a fine of up to $500.  State and county officials could not identify any examples where educators have been prosecuted for violating the mandatory reporting law.

Massachusetts

If educators fail to report abuse of a child under 18, they could face a fine of $1,000 (or criminal charges in the event of the child dies from the abuse).  At least a half-dozen school officials have been charged for violating the law in the past three decades.

New Hampshire

If school officials fail to report sex abuse or child abuse, they could face a fine of up to $1,000 and up to a year in prison.  The state could not provide any examples of cases where schools or administrators have been criminally prosecuted for violating the law.

Rhode Island

If people fail to report abuse of a child under 18 within 24 hours, they could be charged with a misdemeanor, facing up to a year in prison and a $500 fine.  Until recently, some argued the law did not cover sex abuse by school officials – only abuse by parents and guardians – but the legislature recently amended the law to eliminate that concern.  State law also requires any person to notify police when they witness an assault or attempted assault.

Vermont

If educators fail to report abuse of a child under 18, they could face a fine of $500.  If there is an “intent to conceal abuse or neglect,” it could result in up to six months of imprisonment or a fine up to $1,000.  There have been criminal charges filed at least twice against school officials for failing to report an incident.