2013 June 11 Memorandum

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Office of the Superintendent of SchoolsMONTGOMERY COUNTY PUBLIC SCHOOLS

Rockville, MarylandJune 11, 2013

CONFIDENTIALMEMORANDUMTo: Members of the Board of Education Cl i


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This e-mail message has been approved for distribution by Mr. Larry A. Bowers, chief operatingofficer. No hard copy will be distributed.

TION REQUESTEDOffice of the Chief Operating Officer

MONTGOMERY COUNTY PUBLIC SCHOOLSRockville, MarylandAugust 28, 2013

MEMORANDUMTo: Principals and Directors (}

LarryA. Bowers,ChiefOperatingOfficeJvt.>ACTION-Process for Monitoring Suspicious and Inappropriate Interactionsbet:weenStaff and Students

From:Subject:

The purpose of this memorandum is to advise you that the Office of Human Resources andDevelopment (OHRD) has developed a process to improve the tracking of allegations ofsuspicious or inappropriate interactions between Montgomery County Public Schools (MCPS)employees and students.This process was developed as the result of studying several cases in which inappropriateinteractions by an employee occurred over an extended time and in different work locations or atthe same location but with changes in administrative teams. The review highlighted the need tomaintain information centrally from both formal and informal reporting of such behaviorwhether the reports were or were not substantiated and to assist in establishing patterns ofinappropriate behavior to be addressed by OHRD.There are no changes to the mandated reporting procedure in cases of suspected abuse, neglect,and mental injury. The procedures for addressing those issues are outlined in the MCPSRegulation JHC-RA, Child Abuse and Neglect which is available online at-

http://www.montgomeryschoolsmd. orgldepartments/policylpdf/jhcra.pdfSome inappropriate behaviors, such as social contact with students that are not related to theemployee's job functions, may merit further investigation by either staff at the work location orby OHRD. Other events might occur that might seem suspicious, but which require no furtheraction other than reminding the employee of the proper procedures or practices. The process isoutlined in the attached document, Process for Addressing a Report of Inappropriate Interactionwith a Student (Attachments A). The form, Report of Suspicious/Inappropriate Interaction witha Student is designed to document these types of events (Attachment B). OHRD will maintain a


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Principals and Directors 2 August 28, 2013

confidential database to identify any employee who has multiple incidents that are of asuspicious or inappropriate nature.At the August 15, 2013, Superintendent's Administrative and Supervisory meeting,Dr. Joshua P. Starr outlined his expectations that all staff members are to report any suspiciousstaff-to-student interactions immediately to their principal or supervisor. A video of Dr. Starr'scomments is available on YouTube to use as a resource in addressing this topic with your staff athttp://www.youtube.com/watch?v=3YmHJyOE.fbQ feature=youtu.be. Talking points on theprocess for monitoring interactions between staff and students are attached for you to use toinform staff to increase their level of vigilance regarding suspicious or inappropriate behaviortowards students (Attachment C). Also, the procedures for conducting investigations of staff areattached (Attachment D). Additional information will be shared at the Central Services Meetingwith Principals on October 25, 2013. Arrangements will be made to share this information withnonschool-based supervisors.It is critical that you follow procedures outlined in this memorandum and the attachments andthat your staff is aware that they must report any concerns they have about inappropriatebehavior to you or another administrator in your building. You also must be aware of previouslydocumented concerns about inappropriate behavior by staff in your building.If you have any questions, please contact Mr. Robert B. Grundy, director, PerformanceEvaluation and Compliance Unit, OHRD, at 301-279-3361.LAB:cddAttachmentsCopy to:Executive Staff

Mrs. CuttittaDr. MuggeMr. Prouty


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P rocess for ddressing R e po rt o f S u sp ic io us In ap pro pria te

In teraction w ith a S tudent

Principal/supervisor observes or receivesinformation of suspkious/inappropriate

interaction by an employee with a studentfrom a student, parent, staff member, or

other member of the community

Is Child Abuse Suspected?

OChild abuse is NOT

suspectedY E S

Child abuse issuspected

Contact ChildProtective

Services at240-777-3596

Complete Form: Report ofSuspicious/InappropriateInteraction with a Student

Contact theappropriate

associatesuperintendent

of schoolsupport and

Contact thedirector of

PerformanceEvaluation and

Compliance Unit;mpco~e~

Sign the form andsend to the Office of

I . 1 Human Resources andDevelopment OHRD),

Performance Evaluationand Compliance

Complete MCPSForm 335-44: Report ofSuspected Child Abuse Neglect and

Mental Injury. File form as required andsend a copy to OHRD.

OHRDenters informationand scansform into

restricted databaseformonitoring

Attachment A


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Attachment BReport of Suspicious I nappropriate Interaction with a Student

PerformanceEvaluation and ComplianceUnit, Office of Human Resourcesand DevelopmentQMONTCO.'rim MONTGOMERYCOUNTYPUBLICSCHOOLSCOUNT t ruauSCHOOIS /' \ Rockville,Maryland 20850~ CONFIDENTIAL

Thisform is usedto document a principal/supervisor s concernsof an employee s interactions with a student that are, orappear to be, inappropriate or suspicious in nature. If child abuse is suspected, Child Protective,Services;the associatesuperintendentof school support and improvement; and the director of performance evaluation and compliancemust benotified, and MCPSForm335-44: Report of SuspectedChildAbuse Neglect and Mental Injury completed. If child abuseisnot suspected,this Report of Suspicious/Inappropriate Interaction with a Student form isto be usedto document concernssuch as physicalcontact of a questionable nature sitt ing on lap, back rub, etc.), social communication unrelated toclassroomactivity texting, personal phone calls,etc.), excessivetime with a student out of the class,or being alone withthe student under suspiciouscircumstances room locked and/or dark, in personal vehicle without parent s permission,etc.). Information contained in this report is confidential and is kept in a restricted database in the Office of HumanResourcesand Development.Nameof employeeof concern:EmployeeID number: Work Location:

Dateof reported incident: Reportedby:Contactinformation for reporter:

Descriptionof incident of concern:

Action taken by principal/supervisor:

Theemployeemust beinformed of the concern and of expectationsin the future. How wasthis done? Checkall that apply) Conference Memorandum for the record __ Verbal/written warning

Principal/Supervisor sName PRINT) Signature Date

ForOHRDUse:WasChild Protective Servicescontacted? Yes NoWasMCPSForm335-44completed?_ Yes No Enteredinto databaseScannedto file


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Attachment C

Talking Points on the Process for Monitoring Suspicious and InappropriateInteractions between Staff and Students

The Office of Human Resources and Development (OHRD) in consultation with theDepartment of Association Relations, the Montgomery County Association forAdministrators and Principals, the Montgomery County Education Association, and theService Employees International Union Local 500, has developed a process fordocumenting concerns about suspicious/inappropriate interactions between employeesand students that do or do not rise to the level of necessitating a report to Child ProtectiveServices (CPS) or requesting an investigation.

Student safety is always the number one priority for every Montgomery County PublicSchools (MCPS) employee. Because of the mobility of staff within MCPS, a perpetrator could engage in a series ofincidents that may not look right or sound right, and each event may be treated as aninitial incident. It was determined that a process was needed to catalogue any suspicious/inappropriateactions between staff and students to determine if a pattern exists, and if necessary take

further action. We need to be vigilant that if you see something, say something, when it comes toincidents involving staff and students that just may not seem right. Often times, staff may be reluctant to report suspicious activity because of the concern

about casting a colleague in an unfavorable light; however, not reporting can place astudent in danger. Our first and foremost responsibility is to our students. Principals and supervisors will be responsible for addressing all reported incidents. In

many incidents, this will consist of a simple reminder of proper practices. If the incidentis more serious, principals and supervisors will utilize existing protocols for addressingsuspected child abuse or employee misconduct.

The employee must be informed of the concern and of expectations to guide futureinteractions with students.

Records of all reported suspicious/inappropriate interactions will be maintained in arestricted database in OHRD to monitor any repetition of suspicious/inappropriateinteractions which may merit further investigation.

Remember-if you see something, say something.


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Attachment D

INVESTIG TIONS OF ST FFWHEN ARE INVESTIGATIONS NECESSARYInvestigations are necessary when inappropriate, unprofessional, or criminal behavior is observed oralleged. The purpose of the investigation is to determine who is responsible for the behavior, what thebehavior consisted of, and what steps and disciplinary action, if necessary, need to be taken asa follow-upto the investigation.Anonymous notification of the behavior stated above is not discounted. For the employee's benefit,he/she is to be made aware of anonymous allegations and given the opportunity to address what has beenstated.OFFlCES/PERSONNEL RESPONSIBLE FOR CONDUCTING JNVESTIGATIONS> Principals/Supervisors or Designees~ Office of the Chief Technology Officer; Office of Shared Accountability> : : Office of Special Education and Student Services Office of School Support and Improvement Office of Human Resources and Development~ Other MCPSOffices as appropriate> Department of Health and Human Services/Child Welfare Services and/or Family CrimesDivision/Montgomery County Department of PoliceDETERMJNATION OF TNVESTIGATING OFFICElncidents or allegations of incidents that necessitate consideration of an investigation are to be reportedimmediately to the appropriate community superintendent. Additional reports to the Office of the ChiefTechnology Officer, the Department of Student Services, the Office of Human Resources andDevelopment, or other MCPS offices may be recommended by the community superintendent or requiredby procedure. The associate superintendent from the Office of School Support and Improvement, often inconsultation with other offices, will determine if the investigation is to be conducted at the school level orin conjunction with another office.Most incidents of unprofessional behavior such as inappropriate language, loss of temper,insubordination, or touching (in a nonsexual manner) of students are handled at the school/local level by aschool administrator/supervisor or designee. However, if the offense is not the first to be committed bythe individual, and in accordance with the progressive discipline procedures, the above-stated offensesmay need to be investigated at another level. A request to have an office outside the school conduct aninvestigation of a certificated employee is submitted to the appropriate community superintendent. If therequest is determined to be appropriate, the community superintendent requests an investigation from theassociate superintendent, Office of Human Resources and Development. A request for an investigation ofa substitute teacher or a supporting services employee should be submitted, in writing, to the director,PerformanceEvaluation and Compliance Unit, Office of Human Resources and DevelopmentTf allegations of test security violations are reported, principals should refer to the March 5, 2008,memorandum, Protocol for the Review of Alleged Test Security Violations. Timely notification to theAssociate Superintendent of Shared Accountability and the Office of School Support and Improvement iscritical. Identification of the investigating party will be dependent upon the nature of the violation.


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2Principals need to be aware that allegations of child abuse, neglect, or mental/physical injury arehandled in a different manner than all other allegations. Once school staff is made aware of such anallegation, questioning of the student should cease. The Department of Health and Human Services/ChildWelfare Services (240-777-4417) or the Family Crimes Division of the Montgomery CountyDepartment of Police (240- 773-5400) must be contacted immediately. A written report also will berequired within 48 hours of notification. No further questioning by school system staff is to take placeuntil clearance is given by either the Child Welfare Services or the Family Crimes Division. Anombudsperson is available at 240- 777-3596 to assist school personnel in clarifying concerns aboutchild maltreatment cases.INVESTIGATIONS CONDUCTED BY A SCHOOL ADMfNISTRATOR/DESIGNEE> Notify the appropriate community superintendent of your need to conduct an investigation. A serious

incident report or a report for the record documenting the incident and follow-up action should beprepared, as appropriate.

> : Conduct all interviews with a second staff member present as a witness.);- Ask detailed questions regarding exactly what happened. Get a signed, written statement from the complainant. lfthe complainant is a young student (or unable to

write), a staff member may take the statement, read it back to the complainant for approval, and have themsign and date the statement. The note taker also should sign and date the statement and include theirposition title.

> Always contact parents when students are involved and need to be interviewed. It is advisable to evencontact the parents of students who have reached the age of majority. Parents often ask to attend theinterview. This is permissible.

> Interview witnesses or others who may corroborate what the complainant has a.lleged. Ask for allpossible individuals who may have knowledge of the incident and will need to be interviewed.Request a signed and dated written statement from the witness.

~ Inform the complainant and all witnesses named by the complainant that they are responsible formaintaining confidentiality.

~ If sexual harassment is alleged, refer to the Board of Education Policy ACF, Sexual Harassment andMCPS Regulation ACF RA . Sexual Harassment. Make sure that the complainant and allegedperpetrator are never required to meet together as part of the investigation. When interviewing thecomplainant, ask how what was said or done made him/her feel. Ask the complainant what possiblerelief he/she is expecting as a result of the investigation. Never make or indicate any promises aboutwhat will happen.The telephone number for the Employee Assistance Program should be made available to thecomplainant and alleged perpetrator (240-314-1040).School administrators must report suspected student to student sexual harassment and incidents ofsexual harassment involving parents or members of the community to the appropriate community

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3superintendent in the Office of School Support and lmprovement. Staff to student or staff to staffsexua harassment incidents should be reported to the director, Performance Evaluation andCompliance Unit, Office of Human Resources and Development. It also is recommended that~~ministrators contact the director, Performance Evaluation and Compliance Unit, if conducting anit-house investigation (301-279-3361).

;> the allegations involve complaints of any type against another staff member, the complainants ould provide the name of the alleged perpetrator and names of possible witnesses. Interview the

~

~egedperp~t~at~r ~nd take a signed, written stat~ment. from this individu~I. Take stateme~ts .from allitnesses this individual asks you to contact. Notify them of your expectation for confidentiality.~ ev iew all statements and check to make sure that written/typed statements-

are signed and dated, assign a time frame (as specific as possible) to the incident(s), indicate if a report of an incident is first hand or if it is hearsay, are as precise as possible, and identify all persons mentioned in the statement.

. > 1 } clarification is needed, return to any party who submitted a statement. Jake a decision regarding culpability, prepare a report, and determine the extent of disciplinary

ab ion if appropriate. Disciplinary action avai Iable to a school administrator consists of: an oral reprimand,

a written reprimand, or removal from a specific responsibility or privilege.

~ Written reprimands should be in letter form and should state that the Jetter is indeed a reprimand, the allegations leading to the investigation, 1 the findings, and that any further instances of inappropriate behavior will require a recommendation for more

serious disciplinary action.Jmployees receiving reprimands should sign or initial a copy of the reprimand that will be placed intlfeir school or personnel file, as appropriate. The reprimand should be included in the data used tocpnduct the individual's next performance evaluation. Asample letter of reprimand is available inthe sample letters section

RESPONSIBILITIES OF THE SCHOOL ADMINISTRATOR DURING AN OUTSIDEINVESTIGA TlON

r Ilhe contacting of students' parents is handled by a school administrator or designee.I> :> It is advisable that school administrators or their designee sit in as an observer on interviews of

students conducted by an outside investigator.

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> Initial (which may become final) statements are often taken under the direction of the schooladministrator.

);:- lf suspected child abuse and neglect is reported- an oral report needs to be made as soon as is reasonably possible, a written report, MCPS Form 335-44: Report of Suspected Child Abuse and/or Child Neglect

must be submitted within 48 hours by the person making the original oral report, and a call to the Child Welfare Services ombudsperson should be made for questions/information 240 - 777-3 596) .

~ If the police request directory information, it should be provided.~ Statements must be kept confidential. Police must subpoena any statements if they want them unless

it is determined that a person or persons is or will be in immediate danger i f police are not giveninformation.

~ The investigation, the resolution, and any subsequent action must be kept confidential.> Disciplinary action by the superintendent of schools or designee may consist of-

a written reprimand, demotion, suspension, transfer, coursework, reassignment, or termination.

P LACIN G AN EMPLOY EE ON L EA V E DURIN G AN INVE ST IG A TfO NThe responsible administrator, acting in accordance with MCPS Administrative Regulation GJC-RA,Suspension and Termination of Professional Personnel can place a certificated employee (e.g. teacher,counselor) on leave as an emergency measure. This leave cannot exceed one duty day. lf the certificatedemployee is to be placed on additional leave, it is done under the authority of the superintendent ofschools. A request to place a supporting services employee on leave must be submitted, in writing, to theassociate superintendent, Office of Human Resources and Development.During investigations, employees are most often placed on leave with salary. It is sometimes possible toplace an employee at another work location rather than resorting to paid leave. Certain charges preventthe option of permitting the employee to continue to work with students or other employees during aninvestigation.While on administrative leave, the employee is not allowed to be on school grounds or attend events atany MCPS location without the express permission of the superintendent of schools or his designee. Theduration of leave cannot be predicted. Some investigations involve taking statements from manyindividuals. If police and/or Child Welfare Services are involved, clearance must be obtained prior toMCPS initiating an investigation. Only the superintendent of schools or his designee can return anindividual to an assignment and prior to his signature, the case is reviewed and approved by the associate

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5superintendent of the Office of Human Resources and Development, legal counsel for MCPS, the directorof association relations, and the deputy superintendent of schools.PERTlNENT POLICTESAND REGULA TTONS FOR REFERRALACFACF-RACOB-RAGJC-RAGJC-EA

Sexual HarassmentSexual HarassmentReporting a Serious School IncidentSuspension and Termination of Professional PersonnelSuspension or Dismissal of Teachers, Principals, and Other Professional Personnel (StateLaw)Discipline or Discharge of Supporting Services EmployeesStudent Rights and Responsibilities

GJD-RBJFA- RA

TBDDirector, Performance Evaluation and ComplianceOffice of Human Resources and Development301-279-3361

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Documents

2013 June 11 Memorandum