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Abuse no more: Dealing Effectively with Child Abuse

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Section 3:   Part 2

Management Procedures: Disclosure

3.2   The management of disclosure

3.2.1  The management of disclosure applicable to educators and other
            employees (hereinafter all referred to as “employees”):

3.2.1.1  Introduction

Disclosure is a process that usually takes time, especially in cases of sexual abuse. It is therefore seldom done in one single isolated event. Learners often disclose only small amounts of information at a time over a period, or write a letter to the employee pleading for help.

Note to the emloyee:
Disclosure reaches a key stage when a learner provides the employee with specific information about the fact that she or he has been or is being abused or when the learner lodges a complaint after being abused. Once a learner has done this, she or he is referred to as the complainant in the case.


Note to the emloyee:

  • Disclosure can be a very traumatic experience. Prevent further emotional harm to the complainant. The details of the abuse should be related to as few people as possible.
  • Display empathy, warmth and acceptance.
  • Try to ensure the safety of the complainant against further abuse.
  • Clarify confidentiality, but explain that other professional persons will have to be informed.
  • Identify the other role-players who are to be involved, as well as their roles and functions.
  • Explain the potential consequences of the disclosure, i.e. that the employee is legally bound to report the case e.g. to the SAPS.
  • Cases of sexual abuse or rape must be reported as soon as possible.
  • Under no circumstances should the incident of child abuse be discussed with the alleged offender.
  • DO NOT interrogate the complainant in order to obtain information or to “investigate” the case.
  • DO NOT insist on seeing the physical evidence of abuse.
  • DO NOT examine the complainant for signs of sexual abuse or rape by removing clothes and/or touching or examining the private parts.
  • DO NOT take a statement from the complainant, as the investigating officer of the SAPS will do this.
  • DO NOT confront the parents or the caregivers if they are the suspected or alleged perpetrators.

Note to the employee:
When disclosure takes place it is necessary to communicate the following to the complainant:

  • I believe what you are telling me.
  • I acknowledge that you feel uncomfortable about the incident.
  • I appreciate your courage in speaking to me.
  • I am sorry to hear what has happened to you.
  • It is not your fault.
  • In order to help you, I will have to speak to another person.
  • Whatever may happen to the alleged offender is not your fault.


Note to the employee:

  • The complainant may be unwilling to lay a charge against the alleged offender because of intimidation.
  • The complainant may feel powerless and may have been sworn to secrecy by the alleged offender.
  • The complainant may be related to the alleged offender and may want to protect the family.
  • The complainant may feel that she or he lacks support because no one will believe her or him.
  • Often the mother has divided loyalties and protects the father (or boyfriend, uncle, brother, grandfather, etc.) because of financial or emotional dependence.
  • The complainant may love the alleged offender and just want the abuse to stop.
  • The complainant may be afraid of being removed from the family.

Effective management of the process of disclosure will ensure that both complainant and employee are protected from additional and unnecessary emotional trauma. It is therefore important to ensure that

  • the case is handled confidentially, and within a very short time,
  • all relevant role-players are involved from the beginning of the intervention, and
  • detailed plans to manage support and intervention are made in the best interest of the complainant.

Note to the employee:
Disclosure by a learner may be traumatic for you. You can ask for personal professional assistance from the EAP or from the Specialised Learner and Educator Support component at the EMDC.


Note to the employee:
Documenting all the information gathered from the complainant helps you to develop a profile of her or him and of the possible abuse that is taking place. It will also help you when the SAPS takes a sworn statement, should a criminal case be made.


Note to the employee:

  • You can use the 8 point list which follows as a guideline to ensure that you have enough information about the disclosure.
  • You must, however, ensure that the information is obtained as objectively as possible.
  • Avoid all risk of putting words in the complainant’s mouth.
  • Do not use the list as a question-and-answer session. The complainant must be given the opportunity to speak spontaneously.

Disclosure Information Guidelines

  1. THE COMPLAINANT’S DETAILS:
    • Name in full
    • Age
    • Sex
    • Present grade
    • Home address and telephone number
    • Details of parents or caregiver

  2. THE NATURE OF THE INCIDENT:
    • What did the alleged offender say to the complainant?
    • What action did the alleged offender take against the complainant?
    • Where did the alleged offender touch the complainant?
    • Did the alleged offender threaten the complainant?
    • What did the complainant say or do during the incident?

  3. WHEN AND WHERE THE INCIDENT(S) TOOK PLACE:
    • The date(s) when the incident(s) occurred;
    • The time(s) when the incident(s) occurred;
    • The place(s) where the incident(s) occurred.

  4. THE CIRCUMSTANCES SURROUNDING THE INCIDENT:
    • Were there any other people present at the time of the incident?
    • Were there any other people who were in the surrounding area who might have witnessed the incident?
    • If there were witnesses, get their full particulars, i.e. for each:
      • Full name
      • Home address and telephone number
      • Age, sex and present grade
    • If the complainant does not know these details, ask her or him the following:
      • What were the physical attributes of the witness?
      • Sex and approximate age and height of the witness?
      • Did the witness have any distinguishing features?

  5. HOW DID THE COMPLAINANT EXPERIENCE THE INCIDENT?
    • How did the complainant feel at the time of the incident?
    • Record the complainant’s feelings in her or his own words.
    • How is she or he feeling now?
    • Is she or he experiencing any physical or psychological symptoms, and if so what are these symptoms?
    • Write down the words that the complainant uses to describe the incident.

  6. FIRST DISCLOSURE BY THE COMPLAINANT:
    • Has the complainant related the details of the incident to anyone?
    • If so, obtain the following details:
      • Full name;
      • Home address and telephone number;
      • Age and sex;
      • Nature of the person’s relationship to the complainant.
      • Has the complainant reported the incident to the South African Police Services?
      • If so, obtain the following details:
        • The case number;
        • The name of the police station and the investigating officer;
        • The date on which the incident was reported;
        • Details of any witnesses who have made statements to the SAPS.

  7. DETAILS OF ANY MATERIAL EVIDENCE:
    • Has the complainant been to a hospital, general practitioner, district surgeon, social worker, clinic, psychologist or psychiatrist?
    • If so, obtain the following details:
      • The reference number, if any;
      • Information whether there is a J88;
      • The name of the hospital or clinic;
      • The name and telephone number of the general practitioner, nurse, social worker, district surgeon, psychologist or psychiatrist;
      • The dates on which the complainant attended one or more of these services.
    • Obtain the originals or copies of any relevant documents in the complainant’s possession, including any letters or notes received from the alleged offender.
    • Are there any clothes with stains or any other evidence of the incident? If so, obtain the originals or copies thereof, place them in a bag, and if the matter is reported to the SAPS, hand them over for forensic testing.

  8. DETAILS OF THE ALLEGED OFFENDER:
    • The full name of the alleged offender;
    • Her or his position at the institution;
    • If the complainant does not know these details, ask:
      • What were the physical attributes of the alleged offender?
      • What were her or his sex and approximate age and height?
      • Did she or he have any distinguishing features?

3.2.1.2 General steps to be followed after disclosure

The following flow chart shows the procedure for dealing with a complaint that has been lodged by a complainant with an employee.

STEP 1
Ensure the safety of the complainant. (In collaboration with the SAPS and the social worker, ensure that the complainant will not have direct contact with the alleged offender.)

Note to the employee:
It is important to ensure that the social worker and/or the SAPS become involved as soon as possible.


STEP 2
Clarify confidentiality, but explain to the complainant the potential consequences of the disclosure, i.e. that in order to help her or him, you are legally obliged to report the case to other role-players such as the social worker and/or the SAPS. Explain the roles they will play. Explain also the procedures that will be followed (Steps 3 – 9 below).

STEP 3
Inform the institution manager (unless she or he is implicated). No detailed information about the abuse needs to be disclosed at this stage.

STEP 4
The institution manager and the employee immediately contact the relevant role-players in order to decide on the process of intervention.

Role-players to be contacted:

The school social worker at the EMDC will help the institution manager and the employee to decide on the involvement of other relevant agencies, e.g.

  • The Department of Welfare;
  • The local welfare organisation;
  • The school psychologist;
  • The Child Protection Unit;
  • The SAPS in the residential area of the complainant;
  • Labour Relations, when employees are the alleged offenders;
  • The complainant’s parent(s) (with the consent of the complainant, if she or he is over 14), provided that they are not the alleged offenders;
  • The Child Protection Centre;
  • The Department of Health school nurse (if available), or (if applicable) the ELSEN school nurse.


STEP 5
The institution manager and the employee compile a confidential report that will be used by the social worker and the SAPS. To protect its confidentiality this report must be kept locked in the strongroom or safe with all the relevant documentation on the case.

STEP 6
The institution manager and the employee will meet with the relevant role-players (mentioned in Step 4 above) to draw up a plan of action setting out the responsibility of each participant in the intervention process. Give the H: SLES this information for the attention of the school social worker.

STEP 7
The institution manager follows up with all participants on the progress of the intervention. All information is documented and reported to the employee and all others who will be supporting the complainant.

Pass on this information regularly to the H: SLES for the attention of the school social worker.

STEP 8
Keep the complainant and her or his parent(s) informed of the steps taken by the role-players and the outcome of the investigation.

STEP 9
The institution manager and the employee will monitor the complainant’s emotional, mental and physical health, discuss it with her or his parents, and refer it for further professional help if necessary.

Note to the employee:

  • When a learner communicates a complaint to you or when you suspect abuse, open a folder or file for the case.
  • All relevant statements and documents about the case must be placed in this folder. If the alleged offender is an employee, the original documents must be forwarded as confidential to the H:SLES at the EMDC for the attention of the Labour Relations officer and copies of the documents must be kept in the folder.
  • Do not put a name on the folder, and entrust it directly to the institution manager.
  • The institution manager must give the case a number, put this number on the folder, and record it in a confidential register which reflects the name and number of every case.
  • So as not to reveal the identity of the complainant, both the folder and the confidential register must at all times be kept in a locked cabinet or safe to which only the institution manager has access. She or he is therefore the only person who can retrieve a folder or file when it is needed.

Note to the employee:
Once a complaint has been lodged with an employee by a complainant, the institution manager and the employee must refer the matter to the relevant role-players within three days.


3.2.1.3 Additional procedures after disclosure (or a complaint) has revealed
              that the alleged offender is a
learner:

Note to the employee:
Young alleged offenders need to be supported by the system. This should be seen as an attempt to prevent them from committing further abuse. They must therefore be supported as described in the previous nine steps. It is important to note and implement the following if necessary:


3.2.1.3.1 Contact the alleged learner offender’s parents, inform them of the incident(s) and discuss a plan of action for support and intervention.

3.2.1.3.2 Refer the alleged learner offender to relevant role-players for emotional support and therapy (see Step 4, paragraph 3.2.1.2 above).

3.2.1.3.3 Depending on the seriousness of the offence, temporary suspension of the alleged learner offender can be arranged, but only if it is in the best interests of other learners and the school.

3.2.1.3.4 The institution manager shall refer the complaint to the governing body of the school. If the alleged offence was serious enough to merit suspension or expulsion, the procedures laid down for these in the South African Schools Act (Act no. 84, 1996), paragraph 9, must be followed.

3.2.1.4 Additional procedures after disclosure (or a complaint) has revealed
              that the alleged offender is an
employee:

3.2.1.4.1 The parent or employee to whom the disclosure was made informs the institution manager.

3.2.1.4.2 The institution manager informs the H: SLES at the EMDC of the incident, for the attention of the EMDC’s Labour Relations section.

3.2.1.4.3 The Labour Relations officer (helped by members of the multi-functional team at the EMDC) and the institution manager will determine a plan of action.

Note to the employee:

The Employment of Educators Act, no. 76 of 1998, as amended by the Education Laws Amendment Act of 2000 defines Serious Misconduct in Section 17 (1) thus:

  • An educator must be dismissed if she or he is found guilty of – …

    (b) Committing an act of sexual assault on a learner, student or other employee:

    (c) Having a sexual relationship with a learner of the school where she or he is employed:

    (d) Seriously assaulting, with the intention to cause grievous bodily harm to, a learner, student or other employee: …

    (f) ... causing a learner or a student to perform any of the acts contemplated in paragraphs (b) to (d).

  • The process for managing serious misconduct (including child abuse) related to public service personnel is legislated in resolution 7/2000 (Public Service Co-ordinating Bargaining Council). The disciplinary process is similar to that of educators and if found guilty such offenders will be dismissed.

3.2.1.5 Additional procedures after disclosure (or a complaint) has revealed
              that the alleged offender is the
institution manager:

3.2.1.5.1  The employee to whom the disclosure was made informs the H: SLES at the EMDC of the complaint or allegation (for the attention of the EMDC’s Labour Relations section), and forwards all documents involved to the H: SLES.

3.2.1.5.2 The Labour Relations officer (helped by members of the multi-functional team at the EMDC) will determine a plan of action (see Section 4: paragraph 4.2.9).

Note to the Head: Specialised Learner and Educator Support:
The procedure for managing recording and confidentiality at an institution is given after Step 9 in paragraph 3.2.1.2 above. Follow the same procedure.

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