ST. LOUIS (CN) - A new law has made Missouri the first state to try to break the code of silence among school districts that allow sexual predators to move from one district to another without mentioning allegations of the sexual misconduct.
The Amy Hestir Student Protection Act requires school districts to report substantiated allegations of sexual misconduct by educators to another school district that seeks a reference for that educator. School districts that fail to do so would become legally liable for damages if the educator commits any sexual misconduct in the new school district.
The law takes effect Aug. 28.
The law is named for a woman who said she was raped by a teacher more than 20 years ago, but kept quiet for years because she thought she was the only one. The teacher, who was allowed to jump from school district to school district despite allegations of misconduct, recently retired after being named "Teacher of the Year."
Missouri is the First
Missouri is believed to be the first state to hold schools legally liable for failing to report accusations of sexual misconduct to prospective employers.
State Sen. Jane Cunningham, a Republican who sponsored the bill, told Courthouse News that a national study by The Associated Press 5 years ago alerted her to the problem.
"It found that the problem of sexual misconduct in schools is at least six times worse than priesthood sexual misconduct, and also Missouri was the 11th worst state among sexual abuse by teachers," Cunningham said.
Traditionally, school districts sign confidentiality agreements with teachers facing allegations of sexual misconduct involving students, Cunningham said. The agreements often include a severance package for the teacher. Both sides keep the allegations quiet in order to avoid bad publicity.
A Town Divided
Missouri's prime example could be that of Russell Hough, a former coach of girls softball and basketball at Warrensburg High in west central Missouri.
Hough was accused of sexual misconduct in 2004 and 2006, but was exonerated by Warrensburg's internal investigations.
But in 2008, a Johnson County grand jury indicted Hough on two counts of statutory rape, after 15- and 16-year-old girls claimed they had sexual encounters with him on school property. Hough has pleaded not guilty and is awaiting trial.
The allegations divided the town. Hough's supporters labeled his six accusers as pariahs. The girls were called liars, bullies and white trash by a contingent who believed they were simply rebelling against a demanding coach. Their parents' jobs were threatened and a group was formed to try to bully the girls' attorney into dropping the case by threatening the attorney's husband's position as President of the University of Central Missouri, in Warrensburg, according to news reports.
The girls sued Hough and the Warrensburg school district, claiming the school did not even interview the girls in its "investigation," and that Warrensburg knowingly hired Hough in 2003 after he left nearby Pleasant Hill district despite similar allegations from by female athletes.
The lawsuit was dismissed with prejudice in January this year.
Cunningham said the allegations involving Hough were not hidden by Pleasant Hill.
"Even in the minutes of the school board meeting when he was fired, it mentioned sexual misconduct as the reason," Cunningham said.
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