The Albemarle County School Board unanimously adopted a new professional boundaries policy at its July 16 meeting. The Board plans to update the policy and its language as needed, but some parents and community members are calling on the district to pursue an independent investigation into its protocols and handling of recent sexual abuse allegations.
Numerous policies on the Board’s agenda required attention before the start of the school year. The marathon meeting lasted more than five hours, during which the building’s AC system turned off for the night.
At the core of the meeting was the “professional boundaries and prevention of sexual misconduct and abuse” policy, prompted by the arrest of former ACPS staffer Michael Swiney on multiple counts, including indecent liberties with children and aggravated sexual battery. Swiney is set to appear in the Albemarle Circuit Court on August 3.
In addition to explicitly prohibiting sexual misconduct and abuse, the eight-page policy breaks down relevant definitions and details the district’s requirements for maintenance of professional boundaries, with clear consequences for violations.
Under the policy, one-on-one interactions with students will be heavily restricted and require a “legitimate education or health reason.” In person one-on-ones may only occur “in a space accessible and visible to other adults” in spaces “designated by the school administration as an appropriate area for adult/student meetings.”
The policy as adopted extends to electronic communication and bars teachers and staff from emailing an individual student without looping in either the student’s guardian or their direct supervisor. To minimize disruption, the board’s preliminary plan is to shift all one-on-one electronic communication to ParentSquare, an app that allows families to view all messages to their children through the parent account.
Beyond the policy, the district also delineated and created guidelines for its counselors, mental health support staff, and social emotional learning coaches. Proposed changes to the organizational structure following Swiney’s arrest include a near total elimination of one-on-one interactions between SEL coaches and students, and rescoping and retitling of the role to “school support liaison.”
One significant point of debate for the Board was language and requirements for informing families of founded allegations of abuse, and the degree of latitude the policy should allow the Board based on its discussions with law enforcement.
“I’m having a hard time understanding a scenario where the police might be involved and the parents still not be informed,” said Board member Jim Dillenbeck. “I think we do need to drill down and be a little bit more specific, but I also think it would be helpful to consult with the police department [and] commonwealth’s attorney to find out what are the boundaries and … is there a way to inform parents in … a timely way that wouldn’t interfere with the investigation?”
Under the language as adopted, the school board must be notified in writing within 24 hours of suspensions, terminations, or founded allegations of abuse by an adult. “The School Board shall [then] determine whether the Superintendent will inform the families of the ACPS students who may have come in contact with said adult, based on consultation with the Albemarle County Police Department and/or the Albemarle Commonwealth’s Attorney.”
A public hearing on the draft proposal preceded the board’s discussion. Before hearing from the public, board members adopted new public comment rules to clarify existing practices and allow speakers to “refer to individual Board members, Division leaders, or staff when discussing official actions, decisions, or matters with the Board’s authority.” (That’s a key change, given the near expulsion of several speakers from previous meetings for directing complaints at specific district leaders.)
“Every child in Albemarle County deserves to be protected, but after reading the policy I have one question: Why should parents trust that it will be enforced? The biggest flaw is the school division continues to investigate itself,” said Jimmy Belew, a concerned parent. “A policy is only as strong as the people who enforce it.”
“Policy is not the problem. We have good policies in Albemarle County,” said Daisy Rojas. “As a mother of four children that went to Albemarle County schools, I am hurt, furious, and scared.”
Other community members echoed the call for an investigation, and voiced specific issues with ACPS leadership. Among those named was Assistant Superintendent Patrick McLaughlin, who was placed on administrative leave on July 17 after allegations of sexual harassment against a female colleague came to light during the public hearing.
“I support this policy generally, but agree that the policy is not the problem. I’m speaking tonight on the collective failure of central office leaders to prevent sexual misconduct,” said Heidi Gilman Bennett, outgoing ACPS Family Council member.
At press time, Albemarle County Public Schools had not responded to C-VILLE’s request for comment on any potential independent investigations. The board’s next session is scheduled for August 13, one day after the first day of ACPS classes.
