The child is protected, not interrogated: Guidelines for schools on dealing with cases of gender-based and sexual violence

Educational institutions in Montenegro must react to any suspicion or report of gender-based and sexual violence against children, but without conducting an internal investigation, questioning the child about the details, and checking the credibility of the statements.

This is stipulated in the Guidelines for the Action of Educational Institutions in Montenegro in Cases of Gender-Based and Sexual Violence, a document of the Ministry of Education, Science and Innovation, which establishes standards, obligations and actions of institutions in the protection of male and female students.

The document states that the guidelines apply to all forms of gender-based violence, with a focus on sexual violence and sexual harassment, regardless of whether the perpetrators are employees, peers, parents, third parties or unknown persons. The protection applies to all children in the education system, including students who have reached the age of 18, as long as their student status persists.

"The aim of the guidelines is to ensure a clear, coordinated, professional and urgent response from the Montenegrin education system in accordance with international standards, national legislation and the best interests of the child/student," the document states.

One of the key rules is the prohibition of internal investigations - the guidelines explicitly state that the educational institution "shall not establish the factual situation, question the child about details, or collect evidence."

When the suspect is an adult, the document states, the school "may not conduct a forensic examination of the child, collect physical evidence, interview witnesses, confront the perpetrator, verify the credibility of the testimony, or conduct disciplinary interviews about the allegations before reporting them to the police or prosecutor's office."

According to the guidelines, the institution is obliged to ensure the safety of the child, remove the suspect from the environment if he is a student or employee, notify the parent or guardian, except when there is a risk to the child, notify the Social Work Center and, when the perpetrator is an adult, report the case to the police or the Basic State Prosecutor's Office.

The guidelines also stipulate that only what the child says spontaneously should be recorded, “without further questions.” The official record form specifically emphasizes that the child's statement should be recorded “as literally as possible, in the child's words, without interpretation or asking further questions.”

In case of suspicion of sexual violence, regardless of its form, the institution must ensure the safety of the child, notify the director and professional services, urgently report the case to the police and/or prosecutor's office if the violence was committed by an adult, notify the social work center and parents or guardians, and implement a plan of protection and support measures.

Online sexual violence is also treated separately, so the guidelines stipulate that the educational institution treats it the same as sexual violence in a physical space: notifies the Center for Social Work, reports to the police or prosecutor's office, notifies parents or guardians, provides psychological support, takes digital security measures, and documents the action taken.

“A child/student must not be exposed to re-traumatization... and re-victimization,” the guidelines state.

The document also specifies the obligations of the principal, teachers, professional services, the Team for the Prevention and Suppression of Violence and Vandalism, the parents' council, the student parliament, administrative and support staff. Teachers are obliged to report any suspicion or information to the principal or professional service without delay, while the professional service keeps records, participates in the support plan and cooperates with the competent institutions.

Schools are also required to develop a plan of preventive activities, which must include educating students about gender-based and sexual violence, workshops on recognizing violence, stereotypes, boundaries, consent and safe behavior, teacher training and informing parents.

The document states that sexual violence against children cannot be justified by the child's behavior, appearance, or manner of dressing. It specifically emphasizes that relationships between an adult and a child, where the adult has a position of responsibility, trust, or power, exclude the possibility of any sexual activity with the child, even when the child expresses understanding or consent.

"When the perpetrator is an adult, the child, due to their age, level of development, or dependency or unequal power, cannot give consent," the guidelines state.

The document was developed by a working group consisting of representatives of the NGO Center for Women's Rights, the Ministry of Education, Science and Innovation, with the participation of representatives of several institutions, UNICEF and the civil sector. The development was supported by the European Bank for Reconstruction and Development through the project on the prevention of gender-based and sexual violence in schools.