Category: Abuse Advocacy in TN

The issue of sexual abuse has been elevated in the news along with the responses of those entrusted with positions of power and influence in our state. Such is the case with Representative David Byrd, who has been publicly accused of abusing three of his former students. My first and foremost concern is that our state, community, and schools are safe places to disclose abuse so that those harmed can receive help and healing. I think of a young person today who feels trapped and scared and is wondering if their disclosures will be heard. Will they be supported? Or, will they be shunned and accused of lying?

It has been almost two years since the beginning of the Me Too movement. Adult women and men have felt empowered to share their stories of sexual harassment and abuse they suffered as adults and children. My hope is that the Me Too reckoning that has revealed widespread abuses, threats, and silencing of adults and adults who were victimized as children will lead to reforms in abuse prevention and response to abuse allegations to protect children today. In order for this to happen in Tennessee, our leaders must open their hearts and their ears and listen to the adult survivors who have come forward with allegations abuse during their childhoods. Much can be learned from their experiences to protect children today.

It is a tragedy that the women who accused Representative David Byrd of child sexual abuse while he was their coach and teacher did not feel empowered to bring the allegations to the attention of the authorities during the statute of limitations. Unfortunately, delayed disclosure for child sexual abuse is the norm. That is one of the reasons for the widespread statute of limitations reforms that are being passed in many states. Work also must be done to empower children to identity and report abuse so that time gap between abuse and reporting is shortened. Some factors I have heard that have delayed or impacted reporting are the following:

1. Misunderstanding of the power differential between the offender and child
2. Misconception that the sexual contact involving a teacher and student is a relationship or affair, not abuse
3. Impressions that a child is culpable in the abuse
4. The offender is a beloved member of the community
5. Fears of being disbelieved
6. Threats and retaliation

These are valid concerns, and they did turn out to be warranted in the cases against Representative Byrd. When the accusations were first publicized, both former House Speaker Harwell and Lt. Gov. McNally called on Representative Byrd to resign. However, Representative Glen Casada supported Representative Byrd and used tax dollars to attack Byrd’s accusers. It is true that Byrd’s community supported him through in his re-elections.

Quoted from the article, Christi Rice says,

“Since that time, we have basically been ostracized, called liars.”

https://www.newschannel5.com/news/newschannel-5-investigates/speaker-casada-used-tax-dollars-for-attack-on-rep-byrd-accusers

The sexual abuse of children under the care of a teacher or coach is a grave betrayal of trust. Though it is past the statute of limitations both criminally and civilly, the accusations have been brought forth publicly and a confession has been publicized. Since meeting with Christi Rice, Governor Bill Lee found her accusations credible and has stated that he wants Byrd to publicly answer to the allegations. There is nothing stopping Byrd’s fellow lawmakers from publicly asking the same. 

I am thankful that these women brought forth their accusations against Byrd to the public. An individual who holds public office holds the public trust. Past sexual violation of juveniles under one’s care is a violation of trust that makes one unfit to represent the people of Tennessee. In Byrd’s case, he has been publicly accused by three former students, the accusations are supported by a recording and the testimony of another school employee. He has not denied the abuse. He remained silent while Casada publicly attacked the accusers. Thus, on a moral level, his silence makes him complicit with the retribution that his former students, particularly Christi Rice, receives.

My question is, how will the rest of the legislature respond? At this point, no one is being forced to speak up. I would hope that leaders in our state would recognize the importance of nurturing an environment in our state that protects children from abuse and promotes disclosures of abuse. I have read that there was a “culture of fear” in the last legislative session. If it has been frightening for grown adults to speak up on this issue of child sexual abuse, imagine what it must be like for a vulnerable child in the midst of an abuse. Our leaders must demonstrate courage on behalf of the vulnerable in Tennessee.

A recent news report from WKRN News 2 reports,

“Tennessee graded out an ‘F’ in a 2016 USA Today investigation into educator-student sexual misconduct in schools. A central focus of that study, the ease at which an employee with a history could move from one district to another”

and 

“But out of inaction has come a considerable response. Last year, the Tennessee legislature passed five laws aimed directly at protecting students. One, outlawed those non-disclosures between teachers and districts. Another added a 30-day timeline, mandating school directors report misconduct, including sexual, to the state board of education.”

https://www.wkrn.com/special-reports/tennessee-responds-to-f-grade-for-failing-to-protect-students-from-sexual-predators-in-schools/

As a state, we have made progress, but I do believe that we have a long way to go. I am going to share an article of a recent case that was well documented with the perpetrator convicted. Quoted from the article, 

“The victim said she lost several friends at DC Dance Factory after reporting the abuse, and her family ultimately moved out of state.”

https://www.tennessean.com/story/news/local/williamson/2019/01/14/former-franklin-dance-teacher-serve-8-years-prison-sex-crime-charges/2570148002/

This story is a real tragedy. Not only did the victim suffer abuse, she suffered secondary abuse by her community. 

I am asking that those of you who read this consider what I have shared and take whatever action you can to make Tennessee a safe and supportive state for those who come forward with abuse allegations.

I am a resident of Williamson County who resides in House Speaker Glen Casada’s district, and I have children who attend Tennessee public schools. In addition, our family has been personally impacted by abuse and cover up in a church childcare setting in Brentwood, TN. I have had conversations with House Speaker Casada’s office, specifically with my legislative liaison Carol Simpson, regarding our family’s horrific experience and desired legislative advocacy. I feel for the women who have come forward in this case. There is a great deal of skepticism directed towards those who bring forward allegations of abuse. People do not like the status quo to be disrupted. This is especially true when the allegations involve a person or an institution that is powerful in the community. 

Concerns About Appointment of Representative Byrd

The appointment of Representative David Byrd to Chair the Education Subcommittee was a devastating blow to survivors, those impacted by abuse, and advocates for abuse.

House Speaker Glen Casada stated in his Tennessean Opinion Editorial,

“America’s justice system has a responsibility to enforce the sacred principle of being innocent until proven guilty.

Our justice system also has a duty to carry out due process for those accused of crimes.”

I agree that in our criminal justice system there is a presumption of innocence for the accused. However, Representative David Byrd is not being accused in the criminal justice system. The statute of limitations has expired both civilly and criminally.

Given that Representative David Byrd has been appointed as Chair of the Education Subcommittee, I believe a more appropriate standard of conduct is that of a current Tennessee educator and the burden of proof should be something similar to what would be applied to a teacher in the case of educator misconduct. Teachers have a higher ethical code of conduct toward students beyond avoiding criminal behavior and conviction.  

While the women who have accused Byrd have made their specific allegations known publicly, Byrd has not made the acts to which he admitted over the phone known. However, he did convey that the acts were very serious in nature as he lamented the hurt they have caused him over the years. He also stated that he continues to confess his sins against student(s) on a weekly basis at church during communion. Given the persistent weight of guilt Representative Byrd carries for his misconduct against student(s), the very least that I would expect is that House Speaker Casada investigate the allegations. So far, there are three women who have come forward publicly, but perhaps more would be willing to speak privately about concerning behavior should there be an investigation.

I have heard criticisms against the women for not coming forward sooner. It is very common for victims of childhood sexual abuse to wait decades before telling anyone about the abuse. Christi Rice has been open about the reasons she delayed coming forward. Many states are making changes to Statutes of Limitation for these types of crimes since delays in disclosures and reporting are such a frequent occurrences. In our state of Tennessee, there are currently bills proposed to eliminate the statute of limitations for child sexual abuse.

Accusations of lying as well as the possibility of threats and shunning are additional barriers that may prevent victims from coming forward soon after the abuse, especially if the victim feels he or she is the only one. In addition, there is this misunderstanding that no conviction means it didn’t happen. What if the victim doesn’t think there is enough evidence for a conviction? Why go through the horrors of disturbing the status quo, threats, and social shunning?

Byrd Appointment is Barrier to Advocacy

As a concerned parent, I desire a safe and supportive learning environment for my children. Through media reports and through conversations with local area abuse advocates last year, I learned that in 2018, a new law amended both Erin’s Law and The Family Life Curriculum to cross-reference each other and to require all public schools to provide education on the prevention, detection, intervention and treatment of child sexual abuse.  Lack of education on this subject means that students are often unable to identify sexual abuse or communicate about incidents of abuse.

https://www.awaketn.org/2018_legislation_dv_sexual_abuse

http://www.erinslaw.org/

As a parent and one who would like to see children and families empowered to identify and report abuse, I would like to have the confidence to approach legislators on these very important issues in education and that my concerns would be heard. I do not feel confident when I know our House Speaker has outright dismissed and disparaged the women who have come forward with abuse allegations. He is the leader and sets the tone on the issue of response to sexual abuse allegations. How is a child today expected to feel about disclosing when he or she sees leaders in our state calling alleged victims “fake news” or questioning why they didn’t come forward sooner. Experiencing sexual abuse is difficult enough on its own. Victims deserve to be heard and supported.

A 2018 report was created by the state Comptroller’s office titled Educator Sexual Misconduct Involving Students in Tennessee Schools. The report states,

“In early 2016, USA Today published the results of a national investigation of educator sexual misconduct in schools, particularly looking at each state’s efforts to reduce the chances that an employee with a history of sexual misconduct could move from one school to another without repercussions. …  Only seven states received an A; Tennessee received an F.”

https://comptroller.tn.gov/content/dam/cot/orea/documents/orea-reports-2018/2018_OREA_TchrMisconduct.pdf

Bills were passed last session to address some of these shortcomings. There is still work to be done to make our schools safer. Sexual and other teacher misconduct will always be an issue relevant to education related legislative work. As a parent, I would like an appointed chair who can lead by example without a dark cloud of past undisclosed(on Byrd’s part) misconduct.

At the very least House Speaker Casada should take an approach similar to what Lt. Gov. Randy McNally said he would likely take. He said he would probably request a Senate ethics committee to investigate. Tennessee’s children and parents deserve to know that the Tennessee House Speaker and legislators care for the children and families entrusted to the care of our schools. This care must be demonstrated not just by lip service and assurances that reports of abuse and other teacher misconduct will be heard and supported, but with concrete action. I expect no less integrity by the Chair of the Education Subcommittee in his interactions with past students than I expect from teachers with their students today. The minimum action needed is an investigation into the past misconduct of Representative David Byrd.

This is Part 4 of my family’s #churchtoo story.

Part 1 – Police and DCS Response to Sexual Abuse Allegation in Church Childcare Setting

Part 2 – Confidentiality Agreements Conceal Abuse

Part 3 – Complicit or Complacent

Background

In the prior posts, I shared that our family was involved in a church in which there were allegations of sexual abuse reported on August 30, 2014, with the date of the incident August 24, 2014. The offender and his family denied the abuse. According to an individual at the Child Advocacy Center, Brentwood Police Detective John Wood considered the offender believable. John Wood gave a directive to the church to not inform the families with children under the supervision of the offender. On July 30, 2015, families of children in the offender’s three-year-old class were notified of a meeting regarding an incident in our children’s classroom. On August 2, 2015, we met with pastors and elders and learned there was an incident of a sexual nature between two juveniles in our child’s classroom, charges had been filed, and a court date was pending. We were told that we would be updated as the case progressed. On November 8, 2015, I followed up via email and received a call back from a pastor who told me that the teen was through the courts and was not permitted on the church campus. On November 30, 2015, we learned that a lawsuit was filed against the church alleging the male teen volunteer orally and anally raped a three-year-old boy.

Once we learned about the horrific allegations, we were concerned for our son, who was two and three-years-old while under the supervision of the convicted offender. We contacted church leaders and the police, none of whom could provide any assurance that our child was safe from harm under the supervision of the convicted offender. They told us these thing privately while publicly refuting claims in the lawsuit or maintaining a posture of silence.

The investigation in 2014 and 2015 was limited to considering only the one disclosing child. As such, there was a missed opportunity to uncover the potential full scope of the situation. With young children, there is a limited window of opportunity to do an interview as their long term memory is not as developed as an older child or an adult. Parents learning of an incident one year or more after exposure is too long to wait. No one can say for certain the offender didn’t attack multiple children multiple times. Potentially, he could present more danger to the community than a one-time offender.

Church members may feel secure that the offender was monitored while on the campus prior to his court hearing and was later banned from the church campus. But, the offender didn’t disappear from the face of the earth. He was in other settings, which may not have been informed of the very severe allegations and consequent conviction.

Reporting Suspicions of Convicted Offender in Boy Scouts

In prior posts, I explained that I attempted communications with the parents of the juvenile offender. While doing online searches for the family, I found the father’s contact information on a merit badge counselor list for a local boy scout troop in Nashville. I was able to use that information to attempt contact with the parents. I was concerned that the teen offender might be participating in the troop. However, I wasn’t certain he was still participating.

Later, I saw a flyer on the troop website for a trip that the father of the teen offender led. At that point, I sent an email listed on the site below to the Middle Tennessee Boy Scouts informing that I suspected a convicted juvenile offender was in a troop.

https://web.archive.org/web/20161113072815/http://www.mtcbsa.org:80/Parents/scout/aboutus/whistleblower.html

I received a call back from Larry Brown, who found a scout with the same name as the offender’s on the roll. We discussed the situation at the church, and he seemed concerned for the young children. He commented that there is usually more than one victim. We further discussed that I had learned the convicted offender had no jail time and that because juvenile records are sealed, there would be no reason that scout leaders or anyone else would have known about the very serious allegations and the conviction. I left the conversation with the understanding that Larry Brown would be contacting the church.

I later emailed him a timeline of events and provided contacts for both the police and DCS. I wrote that I would appreciate his advocacy.

Included in the information I sent Larry Brown were the attempted contacts to the teen’s father in which I asked the parents if the teen ever brought my son to the bathroom. I didn’t receive a reply. I felt that the lack of responsiveness from the father was unbecoming of a scout leader in that he was not kind enough to provide a reply to my very reasonable questions regarding my very young and vulnerable child who was under his family’s care.

The Boy Scouts have been riddled with abuse scandals including a recent one in Nashville involving former Scout leader Darrell Fisher.

https://www.wkrn.com/news/west-meade-man-taken-into-custody-for-rape-of-12-year-old-boy/1091588745

https://www.tennessean.com/story/news/crime/2016/05/04/indictment-ex-scout-leader-sexually-abused-5-boys/83926632/

http://www.wsmv.com/story/36263661/former-nashville-boy-scout-leader-sentenced-to-18-years-in-prison

Because of the abuse scandals that have plagued the organization, I know they have developed some of the best abuse prevention protocols, so I trusted that Larry Brown would take the best course of action.

Contacting Christ Presbyterian About Convicted Abuser

To give some background on the teen’s family, his father runs a ministry that does overnight events for youth and adults, including events with both youth and adults. The father’s ministry does fundraisers, and these fundraisers are sometimes at church facilities. For instance, while the teen was being investigated for sexual abuse against the three-year-old at the Brentwood church, the ministry held their fundraiser at the Brentwood church.

Later in the year after I had made a report to the Boy Scouts and spoke to Larry Brown, the teen’s father held a fundraiser at Christ Presbyterian Academy. This school is related to the church that sponsors the troop that it appeared the teen and his father participated in. It didn’t make sense to me that if the church had been notified of the teen’s conviction and his presence in the troop, that the father’s ministry would be hosting a fundraiser at the church.

As an aside, around this time, I also saw evidence the family participated in another Nashville troop, but it appears they changed troops several years ago.

I decided to contact the church and learned that Todd Teller would be an appropriate person to contact. I sent an email to both him and the Senior Pastor Scott Sauls. The reply I received is below.

---

Scott Sauls <ssauls@christpres.org>
Tue, Dec 12, 2017, 11:39 AM
to Todd, me

Dear (Jane),

This is the first I have heard of this.
Thank you very much for bringing your concern to our (and my) attention.
I have reached out directly to congregational care and asked that you receive a call as soon as possible.

Scott Sauls

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I spoke to the congregational care minister Todd Teller after this email and explained the situation.

I don’t know what, if any, action the Boy Scouts took. Nor do I know what, if any, action Scott Sauls took.

By this time, the convicted offender should be 18 years old, so he should be ineligible to participate in the Boys Scouts based on his age.  I am curious to know if the convicted offender has been listed in the Ineligible (IV) Volunteer Files. I am not sure how juvenile offenses affects a person’s record in adulthood, but I wonder if a criminal background check would show an offense.

What I do know is that parents whose children are participating in activities that present a higher risk for abuse such as camping and other overnight events, are entitled to know the Boy Scout’s official position on convicted juvenile offenders (particularly violent offenses), and more importantly the Boy Scout’s actions based upon a notice of a convicted juvenile offender within a troop(when he was a juvenile).

According to the training guide regarding the prevention of youth-on-youth abuse, important information on page 8 states regarding higher risk activities for abuse,

“It’s important that we remind everyone that youth-on-youth abuse can occur in Scouting during any activity, but especially where observation or adult supervision is limited. This includes overnight activities and events that occur in less-structured environments as well as secluded areas in regular meeting places. Higher risk situations include overnight hotel stays, overnight tenting and camping, and situations involving group latrine and/or showering facilities.”

In addition, page 9 lists some facts about abuse and youth:

• More than one-third of serious physical and sexual abuse incidents are committed by youth (U.S. Department of Justice, Juvenile Justice Bulletin, 2009, “Juveniles Who Commit Sex Offenses Against Minors”).
• Nearly one out of every four students (22 percent) report being bullied during the school year (National Center for Education Statistics, 2015). Further, 19.6 percent of high school students report being bullied at school in the past year; 14.8 percent report being bullied online (Centers for Disease Control and Prevention, 2014).
• Research indicates the peak age for male youth offenders is age 13 to 16.
• Targets of (sexual) abuse tend to be boys and girls three to five years of age younger than the perpetrator.
• Sexual experimentation can lead to abuse.
• Youth offenders who groom and abuse can be of any age or demographic.

Not only this, but the troop is sponsored by a church that also runs a school. There are many youth under the care of Christ Presbyterian Church and Christ Presbyterian Academy. What is the church’s position on the notice of a convicted juvenile offender within its programs?

The Gospel Coalition Article Featuring Governor Haslam

I did follow up with Scott Sauls regarding advocacy on behalf of the vulnerable in Tennessee. In March 2018, I saw that The Gospel Coalition ran an article on Governor Haslam’s advocacy for education in Tennessee. The article stated that Governor Haslam attends Christ Presbyterian Church and that Scott Sauls is his pastor. I forwarded the letter that I sent to legislators in January 2018 that I included in Part 3 of my #churchtoo story with the addition of the request below.

---

Subject: Fwd: Child Sexual Abuse, Sexual Assault, and Harassment Laws in TN

To: ssauls@christpres.org

Dear Pastor Sauls,

I recently saw this article on the TGC website.

https://www.thegospelcoalition.org/article/tennessees-reformed-republican-governor-champions-free-college/

I see that Governor Haslam is a participating member of your congregation.  Due to your exposure to the referenced situation via my contact in December 2017 and your proximity to our governor, I am forwarding you this email in which I express a need for legislative change regarding child sexual abuse cases.  I would appreciate your review of the email and advocacy on behalf of the vulnerable in Tennessee.

Personally, I feel like the system is broken related to sexual abuse cases.  In the stories I have read over the last several years in which abuses have occurred in institutional settings, the narratives are strikingly similar.  It is almost like you have the same storyline with a different set of actors.

What I have suggested just scratches the surface of the issues, but it is a start.  I believe it time to make some changes so that the same tragic stories are not repeated time and again.

Sincerely,

(Jane)  

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I did not receive a reply to this email. I did follow up via this tweet without any comment.

Silence is never an option for Christians when abuse and injustice have been perpetrated.

— Scott Sauls (@scottsauls) June 29, 2018

regarding child sexual abuse cases. I would appreciate your review of the email and advocacy on behalf of the vulnerable in Tennessee."

— Jane Speaks (@JaneSpeaksUp) June 29, 2018

Attempted Contact to The Gospel Coalition

Additionally, the Brentwood church where the abuse occurred in the church childcare setting is listed in The Gospel Coalition(TGC) directory of churches. I have attempted to contact TGC twice via their website regarding the abuse situation. I first contacted in November 2017 and next in June 2018. I did not receive a reply after either notice. I have copies of the notices that I sent.

Youth-on-youth abuse is common, affecting approximately 30% of abused youth. Youth-on-youth abuse needs to be handled more sensitively due to the juvenile status of of both parties. However, a response of inaction is unacceptable. Abuse perpetrated by youth is devastating and harmful to an abused child. Care should not be withheld. Juvenile cases are confidential. This is to protect the privacy of the offender. However, transparency and oversight are also important. Is it possible that confidentiality is being used to cover-up criminal misconduct and prevent appropriate safeguards to be put in place? There needs to be accountability even in cases in which there are confidentiality issues.

Just like in the adult offender world, juveniles who offend are still out in the world potentially exposing others to risks outside of the original place of offense. If this is not already happening, consideration needs to be made for individuals who maybe exposed to an offender outside of the reported abuse setting.