A couple of folks have questioned whether it was necessary to fire her, or whether they could have at least warned her first that she would lose her job if Shelley didn’t break it off with Jame…uh Rick. That’s being very fair and compassionate towards both Shelley and Rick, and I honestly applaud that. Not only is it the kind thing to do, job and lifestyle stability and a support system helps to decrease the risk that a sex offender will reoffend, so that sentiment is good all around. That said, It’s also a good thing to put yourself in the school’s shoes as well. Imagine that you’re an administrator at Shelley’s school and were inquiring with the lawyer the school keeps on retainer. You want to know about your possible liability if you warn Shelley that she will be fired if she doesn’t break it off with Rick and quit living with him. The lawyer tells you to consider the best and worst case scenarios.
Best case scenario:
Shelley does break it off with Rick and nothing happens.
Worse than best case scenario:
Shelley says she’ll break it off with Rick, but she doesn’t. Word gets out that Ms. Shelley is living with a convicted child molester and there is a mass exodus of students being removed from the school. The school suffers financially.
Worst case scenario:
Shelly says she’ll break it off with Rick, but has no intention of doing so. Why should she? She knows that Rick is innocent of the awful crime he was convicted of, and they just don’t know the same sweet, caring, decent man that she knows Rick to be. They get Rick an apartment that he reports as his address, but he continues to spend most of his time at Shelley’s house, pretty much de facto cohabitating. Because they’re in need of money, Shelley does what many pre-K teachers do for extra income: she babysits students in her class when parents need a night out on the town. She knows it’s okay to leave the kids with Rick to run to the store for pizza or sodas because Rick has never actually committed a sex offense. While she’s away, Rick sexually assaults a child at her house. Maybe it’s just while she’s in the bathroom. He gains the child’s silence by using the trust he has previously gained from the child by telling her that she will be in trouble if she tells anyone, or that he will. Alternatively, maybe he just tells her that if she tells anyone he will kill her parents. Sexual assault is the most underreported violent crime and the second most underreported crime of all, so like 60 to 90 percent of sexual assaults Rick’s crime goes undetected. Rick isn’t caught until he’s offended against multiple children and one of them finally makes an outcry. The school is sued out of existence and the school administrators are sued personally for effectively everything they own. They will never work in that line of work again and will be lucky if they can find a dry bridge to sleep under. They also get to live with the knowledge that they could have prevented children from being sexually assaulted and didn’t.
Maybe this is all fantastically unlikely, and maybe Rick really never will offend against another child. Maybe he’s even telling the truth and never did. The school administrators don’t know Rick, though, and the possible consequences of misplacing trust in Rick or Shelley either one are catastrophic. I don’t blame them for not rolling the dice.