A Failing Grade: Sexual Abuse In School Settings

a student sits in a classroom in an orange shirt taking down notes from their teacher

It's been said that a teacher affects eternity; they can never tell where their influence stops. Of course, there are two sides to that coin.

Good teachers ensure students develop a lifelong love of learning, support them through their formative years, and help them make positive contributions in society that reverberate through generations.

What about other teachers? Hopefully, at best, an uninspiring teacher's mediocrity won't be enough to instill a dislike of a subject or dissuade a student from meeting their potential. But at worst, a teacher's actions can have lasting detrimental effects on an impressionable young person - no more so than when these actions are abusive.

In this blog post, I examine sexual abuse and assaults in schools and educational settings, particularly as perpetrated by teachers, school staff, and other adults working on school grounds.

A Devastating Breach of Trust.

Any and every type of sexual violence is wrong. Yet, in certain situations, there is an added layer of hurt. When a survivor knows and trusts (or should be expected to trust) a perpetrator, a breach can compound what is already a traumatic experience.

Teachers and school staff are supposed to be trustworthy individuals. We ask them to act "in loco parentis" (in place of parents) for a significant portion of our children's waking hours, and understand that their work is to shape young minds - not only in terms of academics, but also by instilling values that support societal goals.

Most teachers understand the imbalance of power they have over students and conduct themselves ethically, and with integrity and professionalism. Some, unfortunately, do not.

Sexual Abuse in Schools: By the Numbers.

In a 2022 study, the Canadian Centre for Child Protection (C3P) examined five year's worth of disciplinary records, media sources, and criminal case law.

It found 252 current or former school personnel in Canadian schools (kindergarten to Grade 12) that "committed or were accused of committing offences of a sexual nature against a minimum of 548 children between 2017 and 2021 inclusively." The study also identified an additional 38 current or former school personnel who were criminally charged for stand-alone child pornography-related offences. Limitations in terms of access to legal cases and disciplinary records, and underreporting by survivors, likely mean the true extent of abuse is vastly greater.

Among the other key findings, C3P noted:

  • 71 percent of survivors were girls and 29 percent were boys (when gender was identifiable)
  • 85 percent of offenders were men and 15 percent were women
  • 86 percent of offenders were teachers (when information was known)
  • Among survivors, abuse most often occurred in highschool settings (57 percent for girls and 83 percent for boys). Abuse committed in elementary or middle schools occurred much more frequently to girls (17 and 21 percent, respectively) than to boys (10 and 7 percent)
  • Where records specified, the abuse was disclosed in 63 percent of cases and discovered in 27 percent of cases
  • 37 percent of offending behaviour was physical
  • If an offender had a secondary role at the school, in 74 percent of cases it was as a coach
  • Criminal charges were laid against 167 school personnel. The most frequent charges were sexual assault (181), sexual interference (137), and sexual exploitation (87)
  • Snapchat, Instagram, and Facebook were the most common platforms used to facilitate inappropriate contact or communication
  • When identifiable, 62 percent of schools were secular public schools, 24 percent were public or private Catholic/Christian schools, and 14 percent were private secular schools or non-Catholic/Christian faith-based schools
  • The abuse occurred most often at school (59 percent), in or on the offender's property (18 percent), and in public areas (10 per cent). In four percent of cases it occurred at the survivor's home.
  • Among criminal offences, in 65 percent of cases there was a guilty plea or finding of guilt (18 percent). Twelve percent of cases were stayed or withdrawn, and five percent resulted in acquitals.

What I'm Encountering.

While no two cases of abuse are ever alike, I have noticed some trends.

Many of the school sexual abuse cases we see at our firm are historical. The survivor is most often no longer a student. They may have been struggling with the effects of the abuse both during the rest of their school days and as an adult. In some cases, the survivor may not even initially suspect that problems in other areas of their life (relationships, intimacy, mental health conditions, and addictions) are linked to abuse from years, or even decades, earlier.

In some cases, survivors are questioning whether what happened to them was actually abuse. For example, if the abuse is committed by a woman teacher in her 20s on a teenage boy, myths about how "it's cool because she's a female teacher," still linger. One survivor said his friends drove him to the teacher's house because they were excited it was happening to a friend of theirs.

Moreover, survivors frequently experience guilt if the abuse occurred at a time when they had reached sexual maturity and their bodies responded to the sexual activity in ways that might suggest arousal. Natural body reactions do not signal consent, however. And, more to the point, Canadian law states that consent cannot occur when one person abuses a position of trust, power or authority over another person.

What Can Be Done?

When it comes to sexual abuse, it's not enough to say an ounce of prevention is worth a pound of cure. Prevention is priceless.

C3P's Commit To Kids Program was designed to assist child-serving organizations in their efforts to reduce the risk of sexual abuse for children in their care and to create safer environments for children generally. Specifically, the information provided helps these organizations from hiring and screening to reporting and staff training.

The Ontario College of Teachers partnered with C3P to create its own online Sexual Abuse Prevention Program. All OCT applicants must complete the program before they are certified, and any current OCTs who have not completed the program by July 2, 2025, will have their licence administratively suspended and not be allowed to teach in Ontario's publicly funded system. A similar program is facilitated by the College of Early Childhood Educators.

If the harm has already been done, survivors have numerous options when thinking about what, if anything, they want to do about it. These include filing complaints to regulatory bodies, pursuing criminal charges, and/or filing a civil lawsuit against the perpetrator and any third parties such as the school board whose negligence allowed the abuse to occur.

Deciding if, when and/or how to come forward about the abuse you suffered is a consideration solely for the survivor. Sexual abuse and assault are acts of violence against a person's bodily autonomy, so it's critical that survivor's of sexual abuse take control over their response to it - regardless of what their choice ultimately is.

While the decision belongs to the survivor alone, it's important to know that support is available to you both before and after you make it. When survivors contact Jellinek Ellis Gluckstein for a free, no obligation initial consultation, we understand that you are putting your trust in us after the trust you placed in others was violated. We take that responsibility very seriously.

Our trauma-informed lawyers and staff listen to your story with empathy and compassion. We carefully and clearly explain your rights and various options, and give you all the time you need to ask questions. Our legal advice is one part of this conversation, but not the only part. We also want to ensure you are aware of other resources available to you, including counselling, support groups, and organizations that help survivors, so that you understand that you are not alone in this.  If you or a loved one has suffered sexual abuse in a school setting, we are here to help, contact our Ontario sexual abuse lawyers today.

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