The United States Government Accountability Office (GAO) recently released a report to the Chairman, Committee on Education and Labor, House of Representatives that revealed high rates of employees in all sorts of positions at both public and private schools – including teachers, volunteers, aides, support staff, and contractors – who had records of inappropriate sexual conduct and convictions for sex-related crimes.
The GAO report dated December 2010 – ‘K-12 EDUCATION – Selected Cases of Public and Private Schools That Hired or Retained Individuals with Histories of Sexual Misconduct’ – examined 15 cases that showed that individuals with histories of sexual misconduct were hired or retained by public and private schools as teachers, support staff, volunteers, and contractors. At least 11 of these 15 cases involved sex offenders who previously targeted children, and at least 6 cases involved offenders who used their new positions as school employees or volunteers to abuse more children.
The GAO report revealed that the following factors contributed to hiring or retention of sex offenders:
- School officials allowed teachers who had engaged in sexual misconduct toward students to resign rather than face disciplinary action, often providing subsequent employers with positive references;
- Schools did not perform pre-employment criminal history checks;
- Even if schools did perform pre-employment criminal history checks, they may have been inadequate in that they were not national, fingerprint-based, or recurring; and
- Schools failed to inquire into troubling information regarding criminal histories on employment applications.
Some examples of cases from around the United States that the GAO examined for the report include:
- Ohio: A teacher forced to resign because of inappropriate conduct with female students received a letter of recommendation from the school superintendent calling him an “outstanding teacher.” After being subsequently hired at a neighboring district, he was convicted for sexual battery against a sixth grade girl.
- Louisiana: A teacher and registered sex offender whose Texas teaching certificate had been revoked was hired by several Louisiana schools without receiving a criminal history check. A warrant is currently out for his arrest on charges of engaging in sexual conversations with a student at one of these schools.
- Arizona: A school rushing to fill a position did not conduct a criminal history check before hiring a teacher who had been convicted for sexually abusing a minor, even though he disclosed on his application that he had committed a dangerous crime against a child. He was later convicted for having sexual contact with a young female student.
- California: A sex offender was convicted for molesting a minor in 2000 and the school where he worked was aware of his conviction but did not fire him. After the GAO referred the case to the California Attorney General, officials placed the sex offender, who has since resigned, on administrative leave.
The GAO report also found no federal laws regulating the employment of sex offenders in public or private schools and varying laws at the state level. While some states required a national, fingerprint-based criminal history checks for school employment, others states did not. State laws also varied as to whether past convictions would result in termination from school employment, revocation of a teaching license, or refusal to hire.
GAO performed the study after a 2004 Department of Education report estimated that millions of students are subjected to sexual misconduct by a school employee at some time between kindergarten and the twelfth grade (K-12). GAO was asked to:
- Examine the circumstances surrounding cases where K-12 schools hired or retained individuals with histories of sexual misconduct and determine the factors contributing to such employment actions and
- Provide an overview of selected federal and state laws related to the employment of convicted sex offenders in K-12 schools.
To identify case studies, the GAO compared recent data in employment databases from 19 states and the District of Columbia to the National Sex Offender Registry and also searched public records to identify cases where sexual misconduct by school employees resulted in a criminal conviction. GAO ultimately selected 15 cases from 11 states for further investigation.
Employment Screening Resources (ESR) – a leading background check provider accredited by The National Association of Professional Background Screeners (NAPBS) performs sexual offender searches as well as criminal record searches around the United States supplemented by a national multi-jurisdictional search. Although no one search is perfect, ESR recommends a series of overlapping tools that must also include checking professional licenses and verifying past employment, especially looking for unexplained gaps in employment where an offender may try to hide past negative information.
For more information on background checks, visit Employment Screening Resources (ESR) at https://www.esrcheck.com.