Description of the procedures for the protection of pupils from sexual violence

Contents

Purpose of the document

General guidelines 

Main definitions

Preventing sexual violence against pupils 

Recruiting 

Training

Ensuring the security of the School’s internet network and digital environments 

Two-Adult Rule 

Rules of Ethical Conduct for Employees 

First steps to be taken by a staff member when a report is received 

Responding to a report: basic procedures to be followed by the Head of the School or the person authorised by him/her

Final provisions

Purpose of the document

This Description sets out the minimum guidelines for the protection of pupils in the care of the staff of Vilnius Jesuit High School (hereinafter the “School”) from sexual violence. In cases where the School works with partners, the partners shall also be required to comply with these procedures when taking care of the children participating in their programs. These procedures are aimed at:

1. Ensuring respectful and harmonious communication between pupils involved in the School’s educational activities and between adults and pupils;
2. Avoiding manifestations of sexual harassment and violence;
3. Outlining the measures the School will take to protect pupils from sexual violence;
4. Defining the School’s sequence of action in cases where evidence of sexual violence is obtained.

General guidelines

The School undertakes to familiarise all staff members with the Description of the procedures for the protection of pupils from sexual violence, and they shall sign it. Members of the School community shall be provided access to information on how to report concerns or allegations of sexual violence. All management of the School shall be responsible for implementation of these procedures.

In these procedures, we are guided by:

The Republic of Lithuania Law on Education

The Republic of Lithuania Law on Fundamentals of Protection of the Rights of the Child

Order on the recommendations for schools on how to recognise domestic violence and actions to be taken in case of suspicion of possible domestic violence

Order on the approval of recommendations for the implementation of violence prevention in schools

The Ignatian Pedagogical Paradigm

The Council of Europe Convention for the Protection of Children

Main definitions

Employees – all persons working for the School under contracts of employment, internship, volunteering or under separate agreements.

Pupil – a minor or a person who has reached the age of majority and is receiving education at the School.

Sexual violence – intentional criminal offences as defined in Criminal Code of the Republic of Lithuania, Chapter XXI “Crimes and misdemeanors against freedom of a person’s sexual self-determination and inviolability”, committed against a minor, including gaining of profit from prostitution of a minor, involving a minor in prostitution or involving them to participate in an event of pornographic nature, displaying pornography to a minor, forcing a minor to engage in prostitution, exploiting a minor for pornography or using of pornographic content showing a minor or a person presented as a minor, or involving a minor in sexual slavery, and other forms of sexual exploitation of a minor.

Violence against a pupil – direct or indirect intentional physical, psychological, sexual, economic impact, neglect or other abuse, whether through act or omission, where:

• the pupil’s honour and/or dignity has been violated;
• they are exposed to pain or danger to life, health or normal development;
• their health and normal development were impaired, which led to their death.

Acts of physical force against a pupil and the causing of physical or mental pain to the pupil, where the purpose of such acts is to prevent a greater risk to the pupil’s physical or mental safety, health or life and where it cannot be achieved by other means, shall not be regarded as violence.

Whistleblower – a person who, directly or indirectly through another party, provides information (concerns, allegations) about violations of the protection of a pupil against sexual violence.

Mandatory reporting – the legal obligation to report a suspicion of violence against a minor. Mandatory reporting legislation overrides any professional code of conduct or ethical guidelines that may apply to a particular profession.

Preventing sexual violence against pupils

Recruiting

To ensure the safety of pupils, the School shall apply a safe recruitment procedure for prospective employees and volunteers. A certificate from the Register of Suspected, Accused and Convicted Persons stating that the person has no convictions for sexual offences shall be required.

Prospective employees shall be familiarised with this Description. All staff members shall abide by the Rules of Ethical Conduct for Employees and confirm their commitment with their signatures before commencement of their employment at the School (Annex 2).

Training

Staff training. All employees of the School working directly or indirectly with pupils shall receive training or instructions on their duties provided for by these procedures. Initial induction training on the prevention of sexual violence shall be provided after the appointment of the employee, within two weeks of the start of the job. The aim is for staff to be able to recognise the signs of violence against pupils, to be aware of their duties, the procedure for reporting concerns and their roles in enhancing monitoring. The training shall be re-conducted at least once every four years. Registration of staff members for the training shall be managed by the Head of School or a person authorised by him/her.

Additional training. Any personnel who need specific training or upskilling in relation to their work, if it improves the quality of services for the protection of pupils from sexual violence, should receive appropriate support. This can include participation in external training or conferences and/or forums on issues related to the rights of pupils.

Training for pupils. The School shall organise educational activities for the prevention of sexual violence in accordance with the curricula approved by the Ministry of Education, Science and Sports of the Republic of Lithuania and the curriculum approved by the Head of the School. The aim is to have at least one member of School staff with the competences and knowledge of methods for teaching pupils to identify inappropriate behaviour and sexual exploitation.

Training for parents. The School shall provide, as needed, education to parents or other legal representatives on having a violence-free childhood and on how to protect children from violence and sexual exploitation.

Ensuring the security of the School’s internet network and digital environments

The School shall take technical and organisational measures to restrict the accessibility of harmful content on the School’s Internet network. The School shall take all possible measures to prevent sexual violence in the virtual learning environment of the School.

Two-Adult Rule

The Two-Adult Rule helps to ensure the security of pupils and the adults who work with them. The Rule means that, whenever possible, any programme, event or service activity in which a pupil participates must always involve at least two adults or at least three pupils. It is best that these two adults not be related by blood.

Where individual contact is part of the job or in other situations where it may be necessary to interact with a pupil individually, communication should be as open as possible. It is important to assess and mitigate any security risks. It is recommended to ensure that the pupil’s parents or other legal representatives are informed of such contact. The Head of the School may at any time request that the staff member explain the circumstances of the individual meeting with the pupil. Leaving the doors of classrooms and interview rooms open and/or classrooms with glass windows in the doors can help ensure security.

Rules of Ethical Conduct for Employees

When working with pupils, the staff member undertakes to stay within the clear boundaries of appropriate physical and emotional interaction and to comply with the aforementioned rules.

Physical contact

1. The staff member shall avoid unnecessary physical contact with the pupil. He/she shall understand that physical contact, especially if it takes place in private, can easily be misinterpreted and lead to suspicion. Where such contact (e.g. a hug) is necessary and appropriate, he/she shall be guided by ethics and maintain restraint. If a pupil initiates physical contact out of friendliness, the staff member will give an appropriate, respectful and brief response.
2. He/she shall not use corporal punishment to ensure the discipline of pupils’ conduct.
3. He/she shall not perform for the pupil actions of a personal nature that the pupil can do themselves (e.g. toileting, bathing, dressing).

Psychological contact

4. The staff member shall avoid excessive emotional attachment, given the pupils’ particular attachment to

adults, authorities and leaders who warrant confidence and security to them. If this comes into view, the pupil shall be referred to other adults who can continue to take care of them. This is particularly relevant in the context of various spiritual and psychological counselling sessions for pupils.

5. He/she shall not give gifts to a pupil, except where specifically provided for and applicable to all pupils.
6. He/she shall not use words or expressions that are sexually provocative, offensive or embarrassing to another person and/or group.
7. Shall not consume alcohol or other psychoactive substances during work or activities and shall not offer them to pupils.

Communicating in cyberspace and audiovisual media production

8. The staff member shall behave responsibly when communicating with pupils by phone and on the Internet. He/she shall use an email address and digital learning environments approved by the School. It is not recommended to engage in social networking chat rooms with pupils.
9. He/she shall ensure that pupils do not possess or have the possibility to acquire or to easily access to inappropriate websites, films, other video or audio media.
10. If a pupil is caught in audio or video recordings made by a member of staff, it shall always be ensured that the pupil is not at risk or adversely affected. This means that photographs and videos must never be demeaning, or disrespectful of the dignity of the persons shown. Even with the consent of the pupil and/or their parents or other legal representatives, the staff member should consider the appropriateness of the material obtained for sharing and/or publication.

Organisation of activities

11. The staff member shall ensure that any activity that takes place outside the School premises during and/or after school hours and for which he/she assumes responsibility is approved by order of the Head of the School.
12. He/she shall ensure that the Two-Adult Rule is followed in any and all activities.
13. After classes, pupils shall only be entrusted to their parents or other legal representatives, unless they have given permission to entrust the child to another person.

Mandatory reporting

14. The member of staff shall report (in writing or by electronic communication) to the Head of the School or a person authorised by him/her any suspicion of sexual violence that a pupil may have experienced. The police (112) and/or the municipality’s child rights protection division must be informed if it is not possible to notify the Head.

You may also contact an external service – Vilnius Archdiocese at This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it.

First steps to be taken by a staff member when a report is received

Anyone can raise concerns about what they have experienced or witnessed, or disclose information relating to violations of the protection of a pupil against sexual violence of which they have been informed.

Pupils who have raised a concern or allegation should be provided by the staff member the possibility of getting appropriate care, advice and support. Informers need to be listened to and heard to ensure that any allegation or disclosure of violence is handled compassionately, effectively and professionally. Disclosing violence takes enormous courage and calls for a high level of trust. Sexual violence against pupils, by its very nature, can undermine trust, therefore, it is essential that the listener reacts with sensitivity and empathy when the person is ready to tell his/her (or another person’s) story.

The following steps can help any employee who receives the report:

• Keep calm and act normally; do not say or show that you are shocked.
• Do not investigate or question the pupil. If a pupil reports violence directly to you, only ask questions to get enough information to understand the report (e.g. ‘who, what, where, when’ questions, but not ‘why’ questions). Do not ask the pupil for specific or visual details that may re-traumatise the pupil and/or that may be collected in a pre-trial investigation. Accept what the pupil says. It is not your responsibility to judge whether or not to investigate the report further.
• Reassure the pupil that they have done the right thing by telling you and let them know you need to tell someone else. Never agree to keep a secret. A member of staff must not maintain confidentiality (even if it is understood that the conversation is confidential) where it is related to the protection of a pupil. Any information provided must be accepted on the basis that it will need to be shared with the Head of the School or the person authorised by him/her.
• Let the pupil know what you are going to do next and that you will keep them informed about the process. Even if you are not sure whether the pupil’s rights have been infringed, contact the Head of School or the person authorised by him/her.
• Avoid delay. The first step is to immediately ensure the security and well-being of the pupil named in the report and to refer the matter to the Head of the School or the person authorised by him/her. If the potentially affected pupil is over the age of majority, you must still raise the concern or disclose the information to the Head of the School or the person authorised by him/her.
• Do not directly challenge parents or other legal representatives, teachers or the alleged perpetrator about the disclosure. Record all the details as soon as possible while the information is still clear and raise the concern or disclosure verbally or in writing immediately to the Head of the School or the person authorised by him/her, even if it relates to something that has happened a long time ago.
• Don’t exert pressure on the pupil to share. No one is obliged to share information about an incident that has happened to them (or another person) if they are not psychologically prepared to do so, however, be guided by the idea that seeking justice helps the victim themselves.

Responding to a report: basic procedures to be followed by the Head of the School or the person authorised by him/her

Disclosures and suspicions must always be acted on quickly (on the same or next business day). Owing to the sensitivity of allegations relating to violence against pupils and their exploitation, all reported cases shall be treated responsibly, with professionalism and confidentiality in order to protect the rights of all parties involved. The procedures for responding to a report shall be as follows.

• If there is an urgent need to protect a pupil from imminent violence, for example if the pupil is at imminent risk of repeated harm, the Head of the School or the person authorised by him/her must take urgent protective action.
• The Head of the School or the person authorised by him/her to whom the report has been made must complete the Alleged Violation of Protection of Pupils from Sexual Violence Form (Annex 3).
• If possible, it is important to find out whether the pupil who may have been victimised is under the age of 18; if so, the Head of the School or the person authorised by him/her shall report the matter to the police and/or the municipality’s child rights protection division. If the person is 18 years or older, the law of the Republic of Lithuania shall apply (the alleged victim may contact the police or prosecutor’s office by themselves).
• If the report contains information about a School employee who has (allegedly) committed violence against a pupil (as defined in the Rules of Ethical Conduct for Employees (see page 4) and in Chapter XXI of the Criminal Code of the Republic of Lithuania), the Head of the School or a person authorised by the him/her shall arrange an internal investigation and/or file a report with the police and/or the municipality’s child rights protection division. The employee subject of the allegation may be asked to abstain from work or suspended from their duties until an investigation has been completed to protect all parties whilst an investigation is undertaken. The employee may also be suspended from his/her duties by law enforcement authorities or a court decision.
• The Head of the School or the person authorised by him/her shall inform the parents or other legal representatives of the pupil who may have been subjected to violence on the potential case of violence and the School’s actions in response to the report immediately and no later than the next business day, unless this is contrary to the pupil’s best interests. If the alleged abuser is a pupil of the School, his/her parents or other legal representatives shall be informed of the facts under the same conditions as provided for above.
• If a School employee is suspected of sexual violence against a person who is not a member of the School community, the Head or the person authorised by him/her shall follow this Description and shall always comply with the provisions of the law of the Republic of Lithuania.
• If an internal investigation reveals that the employee has violated the rules on the protection of pupils from sexual violence, the employee shall be subject to disciplinary action under the Labour Code of the Republic of Lithuania.
• If an internal investigation reveals that the employee has not violated the rules on the protection of pupils from sexual violence, the School shall seek to restore the reputation of the accused employee and shall take immediate steps to ensure that the employee is reinstated in a respectful manner.
• Where appropriate and possible, the School must provide counselling services to a pupil who has experienced violence. The victim can choose whether and when they want to make use of the support options proposed. It is important to keep in mind that the needs of the victim are always individual and specific.

Final provisions

This Description shall be reviewed (incorporating new processes, changes in legislation, guidelines and practical guidance in the light of experience gained) no later than 3 years after the date of last approval. Any updates or changes to the Description shall be circulated to all employees.