The arrest of a former female principal of a Jewish girls school in Melbourne has occurred at a time when incidents of sexual misconduct by staff towards students appears to be prolific. Whilst sexual assaults are commonly associated with male perpetrators, this incident provides a timely reminder that females who deal with children in the course of their work also pose possible threats to them. In addition to The Age reporting on the incident which occurred at the Adass Israel School in Elsternwick, the media has also this week reported on a 48-year-old school teacher pleading guilty in the Warrnambool County Court to nine charges involving the assault of a girl, who was 15 and 16 years old at the time. South Australia also recently announced another Royal Commission into the alleged sexual abuse of children at government run institutions.
As increasing legislative and community action is taken to recognise and address child sexual abuse in schools, every school needs to revisit its policies and procedures. The recent allegation of child sexual abuse in the Melbourne Jewish school community is a reminder to all schools of their legal obligation to prioritise their duty of care to ensure the safety of their students over all other influences, includiing their religious beliefs and any concern for the sanctity of a community's reputation.
What do all these incidents show?
As the Interim Report issued by The Royal Commission into Institutional Responses to Child Sexual Abuse (Commission) demonstrates, incidents of child sexual abuse in Australia insitutions is sadly, a common occurrence and a historical phenomenon. We've previously reported on the initial findings of the Commission and also on recent data showing the insidious nature of this issue and the effectiveness of current mandatory reporting laws for child sexual abuse in the States and Territories.
Further demonstrating its commitment to helping the community to address and reduce the incidents of child sexual abuse occurring, the Commission has been conducting public consultation sessions across Australia and it has also published two Research Reports into aspects related to child sexual abuse, including a report on 'Mandatory Reporting Laws for Child Sexual Abuse in Australia: A Legislative History'. The Reports do not set out any new findings from the Commission but they do provide a comprehensive reference for the community on the current legislative framework which governs mandatory reporting. The Reports are also another reminder that given the disparate regimes of child protection obligations, and the Commission's terms of reference, a uniform system of child protection checks and mandatory reporting should not be far away.
Changes welcomed by the Jewish community
Proposed changes to the current checks and reporting scheme have been welcomed by the Jewish community. In the case of the Adass Israel School incident, the former principal is accused of allegedly committing historical sexual offences against various students at the school. Ms Malka Leifer is currently being extradited from Israel where she moved in 2008 after being sacked as principal at the school. The sacking followed complaints that she had acted inappropriately with students while principal.
Manny Waks, founder of sexual assault victims support group Tzedek ('Justice' in Hebrew), is quoted in the Age as saying that Ms Leifer’s arrest was a welcome development: 'it should be seen in the greater context of the ongoing child sexual abuse scandal that has been plaguing the Australian Jewish community,' he said.
The scandal includes multiple incidents of child abuse being revealed at St Kilda's Yeshivah College (Yeshiva). In 2013 David Cyprys, a security guard, locksmith, martial arts instructor and school camp leader at Yeshivah was jailed for eight years for attacks against boys at the school. This was the second incident of child abuse reported at Yeshiva, with a former primary teacher, David Kramer, also being jailed in 2013 for offences which occurred between 1989 and 1992. In both incidents, the Victorian police criticised Yeshiva for helping the offenders to elude prosecution. In particular, in Mr Kramer's case, Yeshiva paid for him to go to Israel shortly after complaints were made.
The parallels between the Jewish and Catholic communities' historical responses to dealing with child abuse incidents cannot be overlooked. As part of its Interim Report, the Commission suggested a harmonised national Children Check (WWCC) scheme and Tzadek's submission to the Commission supports this initiative. In its submission Tzadek also emphasised the responsibility that insitutions have for 'ensuring that they establish and maintain clear policies and procedures for protecting children in their care' and that they have 'documented and transparent processes for dealing with allegations of inappropriate behaviour of staff in child related positions, irrespective of, and in addition to the WWCC process.'
What should your school do?
These recent incidences of sexual abuse occurring in schools are a reminder that schools should have a clear policy setting out their expectations of staff in the context of their relationships with students and educate staff on how to avoid an inappropriate relationship occurring. As emphasised by Tzadek, schools should also have policies in place to educate staff on the relevant mandatory reporting law for child sexual abuse existing in their State or Territory so that they know their legal obligations in the event that they become aware of an incident of abuse.
Have you reviewed your student and staff relationship policy lately?
