Indian Springs releases report from sexual misconduct investigation

Indian Springs School announces investigation's findings
Indian Springs School announces investigation's findings(WBRC Fox6 News)
Published: Jun. 18, 2019 at 6:09 PM CDT
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SHELBY COUNTY, Ala. (WBRC) - The Indian Springs School has released a report detailing the findings of a sexual misconduct investigation.

The report stated that five former faculty members were investigated for sexual misconduct. Of those five, investigators determined there was credible evidence in at least four of the cases.

The school had retained the law firm of Jackson Lewis after as part of a review initiated in December 2017. The firm concluded its investigation in April of this year.

Here is the full release from the school:

Dear Indian Springs School Community,

As you know, over the past year and a half, we have encouraged our community to notify school leadership about any and all concerns related to educator sexual misconduct at Indian Springs School. We initiated this review in December 2017 in the context of a larger national conversation about educator sexual misconduct at independent schools. From the outset, our primary objectives have been to: understand our past; acknowledge and apologize to former Indian Springs students harmed by educator sexual misconduct; and do all we can to maintain the safest possible living and learning environment for current and future students.

In July 2018, we shared with our community that Indian Springs had retained the nationally respected law firm of Jackson Lewis to investigate historical reports of educator sexual misconduct at our school. The firm has concluded its review and has provided to the Board a report summarizing their findings as of April 2019.

During the course of the investigation, we also worked closely with David Wolowitz at McLane Middleton, another law firm with a depth of experience counseling independent schools. David and his team have advised Indian Springs regarding historical educator sexual misconduct and recommended strategies and best practices for strengthening policies, procedures, and training to supplement what we are already doing on campus to encourage a safe and supportive school culture. Indian Springs’ legal counsel, Mark Boardman, of Boardman, Carr, Petelos, Watkins, & Ogle, P.C., has also counseled us on ways in which we can continue to promote student health and wellbeing on campus.

To assist in our community’s understanding of the findings of the Jackson Lewis report, the school’s responses to the alleged incidents at the time, and our actions going forward, this letter is organized into five sections – Investigation, Factors Considered, Historical Educator Sexual Misconduct, Policies, and Procedures, and Next Steps.

We recognize that it is important for our school and our community to address the past openly and honestly. To that end, we are deeply appreciative of all who reached out to us and participated in the review, and we offer our most sincere apologies to those former students who were affected by misconduct that occurred during their time at Indian Springs. We hope that they and their families have felt heard and supported throughout this process.

Investigation

Throughout their investigation, the Jackson Lewis team relied on the definition of “educator sexual misconduct,” as found in Educator Sexual Misconduct: A Synthesis of Existing Literature(U.S. Department of Education 2004):

Behavior of a sexual nature, which may constitute professional misconduct and includes not only conduct that would amount to sexual abuse of a minor under current state criminal codes, but also any sexual relationship by an educator with a student, regardless of the student’s age; with a former student under the age of eighteen (18); with a former student (regardless of age) who suffers from a disability that would prevent consent in a relationship. This broad definition of “educator sexual misconduct” extends to any activity directed towards establishing a sexual relationship by an educator, e.g., sending intimate letters, engaging in a sexualized dialogue with a student in person or through emails, text messages or telephone calls, or dating a student.

In compiling their report, Jackson Lewis interviewed approximately 30 individuals, including current and former faculty, administrators, alumni, and other related third parties. All of us at Indian Springs are grateful for the honesty and courage of those who agreed to participate in these interviews. We recognize it must have been extremely difficult to come forward, as reliving past situations can be particularly upsetting.

As part of the investigative process, Jackson Lewis, in assessing credibility, considered witness demeanor, the opportunity and ability the witness had to see or hear about the events reported, the accuracy of his or her memory, the consistency of testimony with known or admitted facts, and witness motivation or bias. Jackson Lewis also reviewed personnel and alumni records and previous investigatory reports of faculty and staff sexual misconduct to analyze how those historical accusations had been treated by Indian Springs, to assess the credibility of such allegations, and to determine whether those previous allegations had been appropriately addressed.

Factors Considered

Like other independent schools that have confronted past allegations of educator sexual misconduct, we developed a thorough process to consider each situation before disclosing any finding publicly. Given the significant impact that publicly naming a former faculty or staff member, or describing misconduct but not naming an individual, will no doubt have on survivors and our community as a whole, we carefully considered the following factors regarding Jackson Lewis’ determinations for each allegation:

  • whether the investigators found the allegations credible;
  • whether there are multiple allegations of misconduct from multiple students against an accused faculty or staff member;
  • whether there is substantive corroboration for a finding of alleged misconduct, such as a witness, documentary evidence, admission, or information from other independent sources;
  • whether there is a potential current risk to students at any school or to the public, and if the individual is still working in schools or with children;
  • whether naming the individual could negatively impact civil or criminal litigation involving accused educators; and
  • whether the misconduct would violate our current employee handbook standards and expectations if committed today.

Historical Educator Sexual Misconduct

In presenting the findings of the Jackson Lewis report to our community, we intend to be as transparent as possible. At the same time, we are obligated to protect the identity of the former students and ensure that their privacy is fully respected. We have made every effort to preserve victim confidentiality and avoid the disclosure of any sensitive information that was received as part of this process. For example, when there was a risk that revealing specific information would violate privacy, especially the potential identification of a victim, that information was not disclosed. Consequently, we endeavored to find a balance among the complex concerns of being completely transparent while also safeguarding alumni and other community members who courageously came forward but who understandably wish to keep their identities private. Further, we took every reasonable step to avoid the possibility of making inaccurate public accusations against faculty and staff.

Applying this approach, we are identifying five former faculty members as having allegedly engaged in educator sexual misconduct, as described below. It is important to note that Jackson Lewis investigated allegations other than those outlined here, but those allegations did not meet the factors stated above and so information about them is not being provided at this time.

Indian Springs did not undertake its own investigation of these matters, instead relying on the expertise of the professional and independent third-party investigators at Jackson Lewis, and the legal counsel provided by McLane Middleton, and Boardman Carr. Each of the following has been reported to the appropriate legal authorities:

  • The investigators found that credible evidence supports a conclusion that Leland “Lee” Watkins (faculty from 1958 to 1995, now deceased) engaged in educator sexual misconduct with multiple students.  This abuse, including solicitation of sex, grooming of students, and sexual relationships with students, was reported to school officials in 2005 and was the subject of a previous investigation. In response to that investigation, Mr. Watkins, who had remained living on campus subsequent to his retirement, was permanently removed from campus.
  • In response to a finding made by a previous investigatory report, John Lusco (faculty from 1966 to 2013, now deceased) was terminated and permanently removed from campus in 2013.  The previous investigatory report found credible a single episode of sexual propositioning. It was subsequently alleged that Mr. Lusco engaged in other educator sexual misconduct.  Jackson Lewis did not find sufficient evidence that Mr. Lusco engaged in other educator sexual misconduct.
  • It was reported that Marvin Balch (faculty from 1976 to 2001, now deceased) inappropriately touched or groped students and that he engaged in other sexual misconduct with a student.  Jackson Lewis found credible evidence to support these allegations, although they found no evidence that Indian Springs was aware of educator sexual misconduct when Mr. Balch was employed by the school.  Mr. Balch left the school on long-term disability in 2001.
  • Though a prior, limited investigation was not able to substantiate claims of misconduct, Jackson Lewis found credible support for a conclusion that a former faculty member sexually and emotionally abused students on several occasions during this faculty member’s time at Indian Springs. Jackson Lewis heard direct testimony from two witnesses about conduct that occurred several decades ago and the former faculty member has not been employed by the school since that time.  Jackson Lewis attempted to contact this former faculty member at his last known address, but he did not respond to their queries. The former faculty member is prohibited from returning to campus.
  • As a result of direct witness testimony, Jackson Lewis found credible support for a conclusion that a longstanding faculty member engaged in educator sexual misconduct with students while at Indian Springs.  This former faculty member, who has not been employed by the school for a number of years, was accused by several former students of grooming, inappropriate texting and communications, solicitation of sex, and a sexual relationship.  The investigators found no evidence that Indian Springs was aware of inappropriate behavior with students. Jackson Lewis also found that this faculty member violated appropriate boundaries, which would not be condoned today, though the behavior does not meet the definition of “educator sexual misconduct” outlined above.  The former faculty member, through legal counsel, declined to be interviewed by Jackson Lewis. This person is prohibited from returning to Indian Springs.

Again, we deeply apologize to the members of the Indian Springs community who were harmed by this misconduct, and we truly regret the pain that this misconduct has caused. We know that nothing can erase the actions of these former faculty members.

Policies and Procedures

The leadership of Indian Springs consistently strives to create and maintain a safe environment for all members of our community at all times. Throughout this investigative process, we ascertained best practices that could be implemented at Indian Springs to minimize the possibility of future educator sexual misconduct. To that end, we continue to review and update our policies and procedures, and we have taken the following steps on campus:

  • This year, all faculty and staff members received mandatory training to help them recognize signs of educator sexual misconduct; such training will be required annually as part of the professional development program for all of our employees;
  • The school is educating students about sensitive topics in an age-appropriate manner so that they can become more comfortable speaking up with questions and concerns;
  • We have implemented an enhanced background and reference check for faculty, staff, and other adults living on campus;  
  • We are implementing an anonymous reporting system that will permit all members of the community to register any concerns via an on-line platform;
  • We are working closely with the faculty and staff to ensure they understand and are up to date on mandatory reporting requirements; and
  • We are reviewing any awards or recognitions bestowed upon faculty or staff members who are found to have engaged in serious educator misconduct.

Our leadership is fully committed to following these practices and acting decisively whenever allegations of faculty or staff misconduct are brought to our attention. As we have demonstrated, when credible allegations of serious educator misconduct are made involving a faculty or staff member, regardless of whether the misconduct is educator sexual misconduct or unprofessional conduct, that person is immediately removed from campus and not permitted to teach Indian Springs students. The allegations are then reported to the Alabama Department of Human Resources Office of Child Protective Services and/or local law enforcement, as required by law and our own policies and procedures. When such allegations are substantiated, the faculty or staff member is terminated from Indian Springs and prohibited from returning to campus. This is the process that we followed with respect to two faculty members who were terminated in recent years.

Additionally, Indian Springs takes seriously its obligation to act on any information we acquire regarding educator sexual misconduct. With respect to former faculty and staff members who were the subject of substantiated reports of educator sexual misconduct, and who continue to teach or otherwise work with children, it is our practice to notify proactively, when we are aware, schools or other organizations where these individuals may be working.

Next StepsThe landscape of possible boundary violations and misconduct has become more complex over the years, and our understanding of the standard of care applicable to school policies and practices intended to create a healthy campus climate has matured. The National Association of Independent Schools and The Association of Boarding Schools recently published a report on preventing and responding to educator sexual misconduct that has helpful recommendations for schools, many of which have already been put into practice. We are committed to staying informed about these evolving standards and acting accordingly.

We reiterate our profound gratitude to all who reached out to us and participated in this process. We understand that it took great courage to come forward, and we are most appreciative of the survivors and witnesses who were willing to be interviewed by Jackson Lewis. Once more, we extend our most heartfelt apologies to those former students and their families who have been affected by educator sexual misconduct during their time at our school.

As educators, we strive to prevent current or future students from experiencing the pain, suffering, or embarrassment that is perpetuated by reprehensible educator sexual misconduct. This type of behavior has no place at Indian Springs, and we will not abide any faculty or staff member who fails to uphold our school’s values and mission to foster learning, creativity, integrity, moral courage, and active citizenship. Please know that the Jackson Lewis investigators remain available if anyone is aware of educator sexual misconduct at Indian Springs, past or present. Please contact Martha Van Oot at Martha.VanOot@jacksonlewis.com, or Daniel Schwarz at Daniel.Schwarz@jacksonlewis.com. We will share any additional findings with you as appropriate.

If there are questions or concerns about this letter or the Jackson Lewis investigation, please feel free to reach out to Don North, our recently appointed Interim Head of School. Don can be reached at don.north@indiansprings.org or 205.988.3350. He and the other senior leaders at Indian Springs stand ready to assist all members of our community.Most importantly, we take very seriously our responsibility to ensure the health and safety of our community.

For more information about our commitment to student safety or to view prior communications on this subject to the Indian Springs community, please visit the Health and Wellness section of our web site. Indian Springs is committed to knowing itself and protecting its students – past, present, and future. We expect to grow continually in our understanding of what that means, and we are grateful to know you will continue to help us do that. Together, we will continue to make Indian Springs a stronger and more open school community, both now and in the future.

Thank you very much for your continued confidence and support of this great school and our leaders.

On behalf of the Indian Springs School Board of Governors,

Alan Engel ’73, P ’03, ’12

Chairman of the Board

Indian Springs School

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