Guidelines for Child Safety from Sexual Abuses in School

Government of West Bengal
School Education Department
Bikash Bhavan, Salt Lake, Kolkata-700091

No. 738-SE(Law)/SL/5S-356/18 Date: 26.06.19

In compliance with the direction of the Hon’ble High Court passed in WP 31138(w) of 2017 dated 16th November, 2018 and in pursuant to provision of the Revised Final Report dated 16th November, 2018, the Governor is hereby pleased to promulgate following guidelines for the child safety from sexual abuses in the school imparting education from the pre-primary to higher secondary level and receiving any kind of aid from the State Government and/or recognized under the respective Boards or Council of the State.

A. PREVENTIVE MEASURE AGAINST THE SEXUAL ABUSE IN SCHOOL

Definition of Child Sexual Abuse – The expression ‘child sexual abuse’ must be understood and defined in order to cover sexual abuse in any manner and/or form, including: (a) sexual abuse without physical touch; (b) sexual abuse involving physical contact but not involving penetration; (c) sexual abuse involving penetration; (d) sexual abuse through any medium including online whether through social networks, playing online games or using mobile phones and (e) any attempt to commit any of the actions mentioned in any of the relevant sections.

The term ‘child sexual abuse’ covers a wide range of harmful behavior towards children and adolescents and refers to different types of sexual victimization of children. Child sexual abuse can include a range of abusive acts: inappropriate touching, penetration, coerced sex, rape, attempted rape, online grooming, harassment, groping, voyeurism, exhibitionism and producing or distributing indecent images of the child.

1. Checking of character and antecedent of employee:

a) The West Bengal Board of Secondary Education, the appointing authority, while appointing teacher or non-teaching staff against the approved sanctioned vacancies in Govt. Sponsored or aided schools shall follow the rules relating to police verification as laid down in the notification 213-SE/S/10M-01/18 dated Kolkata, the 8th March, 2018 issued by School Education Department. It shall also maintain a record of all such duly classified verification reports.

b) The Managing Committee of any Christian and other minority schools which receives aid for salary and allowances of its employee from the State Govt. and/or recognized by the State Boards/Council, shall follow the provision of sub-clause (d) hereinafter in respect of its fresh employee whether on full, part time, contract basis or in any other form or manner.

The School Managing Committee shall complete the verification process of existing employee within 6 months from the date of this notification. The Head of the Institution, on behalf of the Committee, shall inform the same to the Sub-divisional Nodal Committee. It shall also maintain a record of all such duly classified verification reports.

c) The Managing Committee of any school (receiving aid for salary and allowances of its employee from the State Govt. and recognized by the State Boards/Council), shall follow the provision of sub-clause (d) hereinafter in respect of its fresh employee whether on full time, part-time, engaged on contract basis, or in any other form or manner.

The School Managing Committee shall complete the verification process of existing employees whether full time, part-time or contract basis or in any other form or manner within 6 months from the date of this notification. The Head of the Institution, on behalf of the committee, shall inform the same to the Sub-Divisional Nodal Committee. It shall also maintain a record of all such duly classified verification reports.

d) The Managing Committee of any unaided school, including D.A. getting recognized by the State Boards/Council,

(I) while recruiting any teacher or non-teaching staff (including transportation staff of children) whether on full, part-time, contract basis or in any other form or manner:

(i) Take duly signed affidavit, as per specimen enclosed herewith affirmed before a notary public that he/she has not been charged/convicted of any sexual assault or abuse or any related crime at any point of time. Each candidate must also disclose the pendency of any ongoing investigation or proceeding against him/her, whether before any court, tribunal or any other authority or in the form of any internal disciplinary inquiry/hearing against him, in connection with sexual assault or abuse or any matter related thereto from the intending candidate.

(ii) Obtain from the intending candidate at-least one positive reference from the person/institution where he/she had previously worked, as part of his/her application to the school. In case of fresh graduates, the candidate should be required to provide such a reference from a teacher or professor of his/her university

In case of any inability to provide either of the references above, he/she should provide a reference/police verification report from
the police station in the vicinity whereof he/she resides. The reference must clearly state that it is being issued in connection with employment in a school.

(iii) Contact the reference person for verification and;

(iv) Preserve all records of reference and;

(v) Share the information with the Sub-divisional Nodal Committee for preserving the same.

(vi) Get the terms of engagement signed from the recruitee which inter-alia contains an undertaking to the effect that the recruitee shall not engage himself to any kind of activity relating to sexual abuse of children in school.

(II) Shall take affidavit and take necessary follow up action in terms of the provision of sub-clause (I) hereinabove from the serving teaching and non-teaching staff as well as from the volunteers of the school.

(III) Apart from obtaining fresh affidavit as stated, periodical affidavits, once in three years, have also to be obtained in similar fashion from all sorts of employees concerned.

The School Managing Committee shall complete the verification process of all existing employee whether full time, part time, on contract basis or in any other form or manner, within 6 months from the date of this notification. The Head of the Institution, on behalf of the Committee, shall inform the same to the Sub-Divisional Nodal Committee.

(IV) Shall take a positive letter of referral in regard to his behavior, credentials, conduct & record from their current employer for visiting guest teacher or non-teaching staff.

The Head of the Institute on behalf of the Committee shall send the action taken report, in the prescribe format, enclosed herewith, to the Sub Divisional Nodal Committee through S.M.C. and S.I. concerned as per timeline given in the Action Points, enclosed herewith, from the date of Notification and Sub Divisional Committee will send compiled report to the Dist Nodal Committee through DI concerned who in turn shall send the compiled report of the District as a whole to the State Level Nodal Committee. The State Level Committee will send compliance report to the Department.

In case of Kolkata District there being no Sub-Divisional Nodal Committee, the concerned report is required to be sent directly to the District Level Nodal Committee through the SI.

Action: Head of the Institute/S.M.C./Sl/Sub Divn. Nodal Committee /DI/Dist Nodal Committee/ State Nodal Committee.

2. Maintenance of Emergency Contacts Register by schools:

The Student Safety and Security Monitoring Committee of every school shall maintain a register of emergency contact details for every child, including details like residential address, office address, mobile/phone numbers. As a good practice, the school should maintain details of, at least, two emergency contacts for every child. The Committee should be responsible for ensuring that these emergency contact details are updated annually by the parents or guardians.

The Committee shall complete the process within 6 months from the date of this Notification and from next year onwards by January of each year. The Head of the Institute on behalf of the Committee shall send the action taken report in the prescribe format, enclosed herewith, to the Sub Divisional Nodal Committee through SI concerned as per timeline given in the Action Points, enclosed herewith, and Sub Div Committee will send compiled report to the Dist Nodal Committee through DI concerned who in turn shall send the compiled report of the District as a whole to the State level Nodal Committee. The State Level Committee will send compliance report to the Department.

In case of Kolkata District there being no Sub-Divisional Nodal Committee, the concerned report is required to be sent directly to the District Level Nodal Committee through the SI.

Action: Head of the Institute/SI/Sub Divn. Nodal Committee/DI/Dist Nodal Committee/ State Nodal Committee.

3. Mandatory sharing of School Contact Details and details of relevant Local Agencies with the Family Members:

The Student Safety and Security Monitoring Committee of every school shall:

a) Ensure that the address of the school, the official phone number of the school, the official phone number of the Principal, the official phone number of the class teacher and the official numbers of the Student Safety and Security Monitoring Committee (SSMC) are always shared with the students and family members/’guardians of us students. Such details should also be updated periodically and the Committee should ensure that the students and family members/guardians are intimated of any changes promptly.

b) Ensure that the contact details of the relevant law enforcement and other support bodies are also shared with the students and family members/guardians of its students, including that of the local police station, the Nodal Committee, the local SJPU, the CWC and the DCPU along with the contact details of important persons within these bodies.

It is suggested that the required details including relevant phone numbers of the school, local police and administrative authorities may be shared with their family members through Students’ Diary, Book List, School Magazine, Students’ ID Card and such other ways as may be decided by the SSMC.

The Committee shall complete the process for the year 2019 within 6 months from the date of this notification and from next year onwards by January of each year.

The Head of the Institute on behalf of the Committee shall send the action taken report in the prescribe format, enclosed herewith, to the Sub Divisional Nodal Committee through SI concerned as per timeline given in the Action Points, enclosed herewith, and Sub Div Committee will send compiled report to the Dist Nodal Committee through DI concerned who in turn shall send the compiled report of the District as a whole to the State level Nodal Committee. The State Level Committee will send compliance report to the Department.

In case of Kolkata District there being no Sub-Divisional Nodal Committee, the concerned report is required to be sent directly to the District Level Nodal Committee through the SI.

Action: Head of the Institute/SI/Sub Divn. Nodal Committee/ DI/ Dist Nodal Committee/ State Nodal Committee.

4. Maintaining Notes of every discussion and decision:

The Student Safety And Security Monitoring Committee of every school shall maintain a permanent log book/register of recording minutes of every discussion and all decisions taken by the school authorities to safeguard and protect its students including in relation to measures taken for preventing child sexual abuse and/or measures taken/to be taken in response to a complaint of child sexual abuse in the school.

It is suggested that important discussion/ decision pertaining to the safety and protection should invariably be discussed in the parents – teachers meetings. Minutes of the meeting shall have to be recorded in the Register mentioned above.

The Head of the Institute on behalf of the Committee shall send its first report in this regard, in the prescribe format, enclosed herewith, within 6 months from the date of this Notification and subsequent reports twice in a year (January and July of each year) to the Sub Divisional Nodal Committee through SI concerned and Sub Div Committee will send compiled report to the Dist Nodal Committee through Dl concerned who in turn shall send the compiled report of the District as a whole to the State Level Nodal Committee. State Level Committee will send compliance report to the Department.

In case of Kolkata District there being no Sub-Divisional Nodal Committee, the concerned report is required to be sent directly to the District Level Nodal Committee through the SI.

Action: Head of the Institute/SI/Sub Divn Nodal Committee/ DI/ Dist Nodal Committee/ State Nodal Committee.

5. Mandatory supervision for classes/ activities beyond ordinary school hours:

No activity involving children, which extends beyond regular school hours, within school premises, should be allowed to remain unsupervised by a school. The Student Safety And Security Monitoring Committee of every school shall take the following precautions in relation to such extracurricular activities/classes for its students that extend beyond regular school hours:

a) The Committee must mandatorily share the contact details of the supervising staff with the family members/guardians of such students within 6 months from the date of Notification of this Guideline.

b) In case of an external excursion/picnic/trip of any kind, the Committee must share the contact details of the supervising staff as well as the itinerary of the excursion/picnic/trip with the family members/guardians of the students. When any girl student is present in such group of students, a female teacher must also accompany the group. The escorting employee must travel along with the students in the same coach/compartment/vehicle.

The Head of the Institute on behalf of the Committee shall send its first compliance report in this regard, in the prescribe format, enclosed herewith, within 6 months from the date of this Notification and subsequent reports twice in a year (January and July of each year) to the Sub Divisional Nodal Committee through SI concerned and Sub Div Committee will send compiled report to the Dist Nodal Committee through DI concerned who in turn shall send the compiled report of the District as a whole to the State Level Nodal Committee. State Level Committee will send compliance report to the Department.

In case of Kolkata District there being no Sub-Divisional Nodal Committee, the concerned report is required to be sent directly to the District Level Nodal Committee through the SI.

Action: Head of the Institute/SI/Sub Divn. Nodal Committee /DI/Dist Nodal Committee /State Nodal Committee.

6. Relationship and Sex Education:

The School Safety and Security Monitoring Committee of every school shall annually conduct a training programme for its students, under the guidance of the Sub-Divisional Nodal Committee, covering the topics of relationship and sex education and sexual abuse, where the students must be taught to, inter alia:

a. differentiate between “good touch” and “bad touch”;

b. say an emphatic ‘NO’ when they identify instances of sexual abuse;

c. immediately report cases of sexual abuse to a trusted adult, be it the SSMC, a teacher, counsellor or the Principal/ Head of Institution; and,

d. avail of the services provided by Child line, the online e-complaint box service of the NCPCR and the West Bengal State Commission for Protection of Child Rights, in any case of sexual abuse suffered by a student.

Effort should be made to impart age appropriate education on the subject matter.

Provided that, children till the age of five years shall be excluded from the said training programme. The training programme shall begin when they attain the age of six years.

Such training programme may be held within 6 months from the date of this Notification and from next year onwards by January of each year. The detailed guideline in this regard will be issued by the State Level Nodal Committee within 4 months from the date of this Notification on approval of the Department.

The Head of the Institute on behalf of the Committee shall send its First compliance report in this regard, in the prescribe format, enclosed herewith, within 6 months from the date of this Notification and for subsequent years by January of the concerned year to the Sub Divisional Nodal Committee through SI concerned and the Sub Div Committee will send compiled report to the Dist Nodal Committee through DI concerned who in turn shall send the compiled report of the District as a whole to the State Level Nodal Committee. The State Level Body will send compliance report to the Department.

In case of Kolkata District there being no Sub-Divisional Nodal Committee, the concerned report is required to be sent directly to the District Level Nodal Committee through the SI.

Action: Head of the Institute/SI/Sub Divn. Nodal Committee/ DI/ Dist Nodal Committee/ State Nodal Committee.

7. Continuing duty of oversight by the school staff:

Every member of the school staff, irrespective of his designation, should have the continuing responsibility to take action and, may be, including reporting to parents and relevant legal authorities, in case of knowledge of inappropriate behaviour towards a student. Every school must ensure the following:

a. The school staff must be oriented and educated to distinguish between legitimate physical touch and illegitimate sexual touch; and boundaries must be laid down for physical touch between school staff and students, which must be strictly enforced.

b. The school staff must remain vigilant as to any behavioural or physical changes in any student’s conduct.

This sensitization programme may be held by the School Safety and Security Monitoring Committee under the guidance of the Nodal Body conducted along with the parents of the wards keeping in view the SJPU FUNCTIONAL MECHANISM of the State, within 6 months from the date of this Notification and for subsequent years by January of the concerned year. The detailed guideline in this regard will be issued by the State Level Nodal Body within 4 months from the date of this Notification on approval of the Department.

The Head of the Institute on behalf of the Committee shall send its first compliance report in this regard, in the prescribe format, enclosed herewith, within 6 months from the date of this Notification and for subsequent years by January of the concerned year to the Sub Divisional Nodal Committee through SI concerned and Sub Div Committee will send compiled report to the Dist. Nodal Committee through DI concerned who in turn shall send the compiled report of the District as a whole to the State Level Nodal Committee. The State Level Committee will send compliance report to the Department.

In case of Kolkata District there being no Sub-Divisional Nodal Committee, the concerned report is required to be sent directly to the District Level Nodal Committee through the SI.

Action: Head of the Institute/SI/Sub Divn. Nodal Committee/ DI/ Dist Nodal Committee/ State Nodal Committee.

8. Student Safety And Security Monitoring Committee at the school:

The School Managing Committee of every school shall annually designate and authorize its Student Safety and Security Monitoring Committee (SSMC), which during the course of the year, be responsible for ensuring compliance with the Guidelines by the school, responding to emergency child sexual abuse cases, as well as conducting various activities, including sensitization and awareness regarding matters relating to child sexual abuse. The SSMC may consult Parent Teacher Association in its choice.

a. The SSMC shall comprise of:-

I) Primary Schools

Head Teacher/ Teacher in charge as Chairman

A female teache