CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) — Following a public hearing that focused more on accusations toward Albemarle School staff and calls for an independent investigation into the divison, the School Board passed its new “Professional Boundaries and Prevention of Sexual Misconduct and Abuse” policy, 6-0, with Scottsville representative Ellen Osbourne absent.

The new policy creates guidelines for one-on-one meetings with students, limiting these meeting to, “employees with a legitimate educational or health reason to do so.”

These meetings will also need to take place in an accessible and visible space to all adult, with an “open door and uncovered windows,” according to a draft of the policy posted to the school division’s website earlier this week. A final version of the policy was not immediately available.

Parents must be notified in writing beforehand, except in emergency situations. In such cases, the staffer must notify school administration and the students’ parents in writing afterward.

These changes also address a major complaint of many Hollymead parents, who have shared in previous meetings that they were not notified if and when their children met with Swiney, who often held one-on-one meetings behind closed doors in his office.

The new policy was passed just after 11 p.m., following over an hour of discussion from the board. The measure was voted on and passed after one final issue – when families could be notified when a staff member is placed on leave due to an investigation – was debated.

“I’m having a hard time understanding a scenario where the police might be involved, and the parents still not be informed of what’s going on,” Rio representative Jim Dillenbeck said during the discussion. “Like, how is that even possible? So, I understand where you want to stay within the bounds of the law, but I’m also hearing, as a parent, I’m concerned about wanting to know exactly what’s going on with my child.”

Work on the policy began just weeks after Hollymead staffer Michael Swiney was arrested on charges of sex crimes with children and was presented to the board at last week’s board meeting.

In the aftermath of the Swiney’s arrest, parents commonly expressed frustration over a lack of communication in general regarding Swiney. This included when Swiney was placed on administrative leave in January, once Albemarle Police began its criminal investigation.

Given the context, other board members agreed with Dillenbeck’s concerns, but also expressed concerns over potentially impeding any criminal investigations.

“I think we need to remember that we’re innocent until proven guilty in this country,” Vice Chair Allison Spillman said to Dillenbeck. “And so, yes, it is our utmost duty to protect the kids, but also, we are legally bound. I completely agree with you. I want to know what’s going on with my kids, and I think this is where it gets really hard because, how? I don’t know what the answer is.”

Both school board members suggested taking legal advice on the matter, with Dillenbeck specifically suggesting consulting with ACPD and the Commonwealth’s Attorney.

Acting Superintendent Dr. Chandra Hayes also discussed with the board informing families whenever a staff member has to take leave, including in the case of inappropriate conduct that is not criminal, as well as reasons like maternity or medical leave.

“That happens not consistently, that’s one of the issues,” Hayes said.
”We can do that across schools, but I think when it comes to the legal portion in any investigation or allegations, that’s when we’ll have to take that guidance from the Commonwealth Attorney or the Police Department.”

Ultimately, the board passed the motion with the knowledge they can amend it as needed during its future meetings.

“I don’t feel like this is done,” Spillman said “But I feel like it’s enough that we are putting necessary protections in place before the school year with the notion that this is an evolving document.”