Guidelines for Responding to Allegations Against an ISB Employee/Associate

Guidelines for Responding to Allegations Against an ISB Employee or Associate

It is essential that any concern about the suitability of a teacher or other member of staff or volunteer to continue to work with children is dealt with fairly, consistently, and in a timely manner. The process should provide effective protection for the child and the reporter of the allegation while at the same time supporting the person who is the subject of the allegation.

These procedures need to be applied with common sense and judgement. In rare cases allegations will be so serious as to require immediate intervention by the authorities or an independent investigator. 

It is important to ensure that even allegations that appear less serious are followed up thoroughly and taken seriously.

An independent investigator should be engaged for all allegations related to sexual abuse. 

Additionally, if deemed appropriate (i.e. a serious instance) by the Head of School, Principal & Director of Student Services, an independent investigator may be engaged when an ISB employee or associate has; 

• behaved in a way that has harmed a child, or may have harmed a child; 

• possibly committed a criminal offence against or related to a child; 

• potentially been grooming a child, or 

• behaved in a way that indicates s/he may be unsuitable to work with children. 

The independent investigator should be a representative from a reputable child protection agency or a company specialising in workplace investigations.

Managing Allegation of Child Abuse by Educators and Other Adults: Protocol for international schools September 2018 from the International Task Force on Child Protection contains additional recommendations and resources and should be used in conjunction with ISB procedures.

SUMMARY OF PROCESS 

Allegation made to school 

1. The allegation should be reported to the Head of School immediately unless the allegation is about the Head in which case it should be reported to the Chair of The Board of Trustees. 

2. If it is alleged that an ISB employee or associate has; 

• behaved in a way that has harmed a child, or may have harmed a child; 

• possibly committed a criminal offence against or related to a child;

• potentially been grooming a child, or 

• behaved in a way that indicates s/he may be unsuitable to work with children. 

the Head of School should document the report and if appropriate consult with an independent investigator within 24 hours (see above).

Initial consideration 

1. In serious instances (such as potential sexual abuse, grooming, criminal activity or physical abuse), the independent investigator will consult with the Head of School, Principal & Director of Student Services, and where necessary obtain further details of the allegation and the circumstances in which it was made. N.B. The Head of School should not investigate the allegation at this stage. 

2. If the allegation is not patently false and there is cause to suspect that a child is suffering or is likely to suffer significant harm, the Head of School or Headmistress will immediately contact the authorities and request a meeting that includes the independent investigator, Head of School and Headmistress.  

3. If there is not cause to suspect “significant harm”, but a criminal offence might have been committed, the Head of School or Headmistress should immediately inform the police and convene a similar discussion, including any other agencies involved with the child, to decide whether a police investigation is needed. 

4. If the parents/guardians of the child concerned are not already aware of the allegation, they should be informed as soon as possible. The independent investigator will discuss how and by whom they should be informed. 

5. The Head of School should inform the accused person about the allegation as soon as possible after consulting the independent investigator. However, where the authorities may need to be involved, the Head of School should wait until those agencies have been consulted, and have agreed what information can be disclosed to the person. 

Action following initial consideration 

1. The Head of School convenes an appropriate crisis response group to manage the school’s response to the incident. This group will include the Head of School, Headmistress, Director of Student Services, appropropriate principals, counselors and psychologists.

2. If the allegation does not involve a possible criminal offence the independent investigator should discuss next steps with the Head of School. If formal disciplinary action is not required, the Head of School should institute appropriate action within 3 working days. If a disciplinary hearing is required and can be held without further investigation, the hearing should be held within 5 working days. 

3. In some such cases further enquiries will be needed to enable a decision about how to proceed. If so, the independent investigator should discuss with the Head of School & Director of Student Services about how and by whom the investigation will be undertaken. In straightforward cases that should normally be undertaken by a senior member of the school staff. However, in other circumstances lack of appropriate resource within a school, or the nature or complexity of the allegation will require the independent investigator to perform the investigation. The investigation should be completed within 5 working days.

4. On receipt of the report of the disciplinary investigation, the Head of School and Chair of the Board of Trustees should consult the independent investigator, and decide whether a disciplinary hearing is needed within 2 working days. If a hearing is needed it should be held within 5 working days. 

5. The independent investigator should continue to liaise with the school to monitor progress of the case and provide advice /support when required/requested. 

6. If on conclusion of the case the school ceases to employ the accused, or the person resigns from ISB, the independent investigator should discuss with the Head of School how and whether to pass on this information to the relevant authorities in the person’s country of passport.

Supporting those Involved 

Parents or carers of a child or children involved should be kept informed about the progress of the case, and told the outcome when there is not a criminal prosecution. The deliberations of a disciplinary hearing, and the information taken into account in reaching a decision, cannot normally be disclosed, but the parents or carers of the child should be told the outcome. 

In cases where a child may have suffered significant harm, or there may be a criminal prosecution, the school should consider what support the child or children involved may need and work with their parents and the relevant authorities to ensure that it is provided. 

The school should also keep the person who is the subject of the allegations informed of the progress of the case and consider what other support is appropriate for the individual. S/he should be counseled about engaging legal representation. If the person is suspended, the school should also keep the individual informed about developments at school. 

Confidentiality 

Every effort should be made to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated/considered.

Resignations and “Compromise agreements” 

The fact that a person tenders his or her resignation, or ceases to provide their services, must not prevent an allegation being followed up in accordance with these procedures. It is important that every effort is made to reach and record a conclusion in all cases of allegations bearing on the safety or welfare of children including any in which the person concerned refuses to cooperate with the process. 

“Compromise agreements” are not allowed in these circumstances. A compromise agreement is when a person agrees to resign, the school agrees not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference.

Documentation

Documentation should include:

• a clear and comprehensive summary of any allegations made

• details of how the allegation was followed up and resolved

• note of any action taken and decisions reached

This documentation is kept in a confidential file in the Head of School’s office, and a copy provided to the person concerned (except when the allegations are unfounded). The purpose of the record is to enable accurate information to be given in response to any future request for a reference if the person has moved on. In the case of UK Citizens, it will provide clarification in cases where a future DBS Disclosure reveals information from the police about an allegation that did not result in a criminal conviction. It will also help to prevent unnecessary re-investigation if, as sometimes happens, an allegation resurfaces after a period of time. The record should be retained at least until the person has reached normal retirement age or for a period of 10 years from the date of the allegation if that is longer. Prevailing Thai law will be followed.

Suspension 

The possible risk of harm to children posed by an accused person needs to be effectively evaluated and managed – with respect of the child(ren) involved in the allegations, and any other children in the individual’s home, work or community life. In some cases that will require the school to consider suspending the person until the case is resolved. 

Suspension should be considered in any case where there is cause to suspect a child is at risk of significant harm, or the allegation warrants investigation by the police, or is so serious that it might be grounds for dismissal. However, a person must not be suspended automatically, or without careful thought. The school must consider carefully whether the circumstances of a case warrant a person being suspended from contact with children until the allegation is resolved, and may wish to seek advice from the independent investigator. Schools should also consider whether the result that would be achieved by suspension could be obtained by alternative arrangements. 

Monitoring progress 

The independent investigator should regularly monitor the progress of cases by liaising directly with the police and/or authorities, or the employer as appropriate. Reviews should be conducted at fortnightly or monthly intervals depending on the complexity of the case. Dates for subsequent reviews, ideally at fortnightly intervals, should be set at the meeting if the investigation continues. 

Action on conclusion of a case 

If the allegation is substantiated and the person is dismissed or the school ceases to use the person’s services, or the person resigns or otherwise ceases to provide his/her services, the independent investigator should discuss with the Head of School how and whether to pass on this information to the relevant authorities in the person’s country of passport.

In cases where it is decided on the conclusion of the case that a person who has been suspended can return to work the school should consider how best to facilitate that. Most people will benefit from some help and support to return to work after a very stressful experience. Depending on the individual’s circumstances, a phased return and/or the provision of a mentor to provide assistance and support in the short term may be appropriate. The school should also consider how the person’s contact with the child or children who made the allegation can best be managed if they are still attending the school. 

Debriefing

At the conclusion of a case in which an allegation is substantiated the independent investigator should review the circumstances of the case with the Head of School and Chair of the Board of Trustees to determine whether there are any improvements to be made to the school’s procedures or practice to help prevent similar events in the future. 

If an allegation is determined to be false, the school should consider whether the child concerned is in need of services, or may have been abused by someone else. In the rare event that an allegation is shown to have been deliberately invented or malicious, the Head of School should consider whether any disciplinary action is appropriate against the person who made it, or the police may be asked to consider whether any action might be appropriate against the person responsible if s/he was not a student. 

Adapted from Safeguarding Children in Education: Dealing With Allegations of Abuse Against Teachers and Other Staff, Crown Prosecution Service UK. https://www.cps.gov.uk/publications/docs/dfes_allegations.pdf

Potential Independent Investigators (experienced, trustworthy, qualified, works with schools and children)

Mentor Forensics

Tim Gerrish, International Child Protection Advisors

Clearpath EPM

Kidscape Child Protection

Control Risks 

Managed by HoS Office & HR - Last updated April 2019 -