By guest author Darcy Kriha, Partner at Kriha Boucek

The Wisconsin Department of Public Instruction’s (WI DPI) process of investigating sexual misconduct by teachers and other educators has recently been called into question. The controversy began with a Wisconsin Capital Times investigation into WI DPI investigations of approximately 200 cases of sexual misconduct and ‘grooming’ in Wisconsin schools since 2018.

As reported by The Center Square, the WI DPI has taken the position that ‘grooming’ and professional boundary misconduct by school personnel against students are not explicitly included in the current definition of immoral conduct. The department argues that clarification is needed to ensure it can thoroughly investigate misconduct and, when appropriate, revoke educator licenses.

The Wisconsin legislature is pushing back. State lawmakers have asked the Wisconsin Attorney General to clarify whether ‘grooming’ falls under the existing state law prohibiting immoral conduct, defined as “conduct or behavior that is contrary to commonly accepted moral or ethical standards and that endangers the health, safety, welfare, or education of any pupil.”  Wis. Stat. § 115.31(c).

In addition, legislators have introduced a new bill that would establish ‘grooming’ as a felony offense. The proposed law includes enhanced penalties if the perpetrator holds a position of authority, the victim is a child with a disability, or the crime impacts multiple minors.

Wisconsin legislators reportedly borrowed language from Faith’s Law, passed by the Illinois legislature unanimously in 2021 and signed into law by Gov. JB Pritzker on December 3, 2021. Faith’s Law is named after child sexual abuse survivor Faith Colson, who was sexually abused by a teacher at her high school in the early 2000s. Years later, during the course of legal proceedings related to the abuse, Faith learned that several adult staff members suspected that the teacher’s relationship with her was inappropriate but did not report their concerns.

Currently, only about 10 states specifically define ‘grooming’ by educators. In response to growing concerns about sexual misconduct in schools, the U.S. Department of Education issued a comprehensive training guide for educators in March 2017 titled Addressing Adult Sexual Misconduct in the School Setting.