Growing Awareness of Sexual Abuse Among Foreign Exchange Students
Posted By Zalkin Law Firm on Oct 19, 2010 8:45am PDT
In order to develop and promote mutual understanding between the people of the United States and other countries around the world, federal law provides foreign nationals with opportunities to participate in educational and cultural programs in the United States and then return home to share their experiences. [1]These "educational and cultural exchanges are the cornerstone of U.S. public diplomacy and an integral component of American foreign policy." [2] The Exchange Visitor program is largely conducted by non-government private sector program sponsors "who are responsible for the recruitment, placement, and supervision of exchange participants. [3]… as a program and an extension of U.S. foreign policy a degree of accountability is required." [4] The United States State Department is responsible for the enforcement of very detailed regulations which govern the administration of the Exchange Visitor Program, and in particular, the exchange of secondary [high school] students. [5]
In addition to the federal regulations which establish standards of care required of sponsors who host foreign exchange students, the Council on Standards for International Educational Travel ("CSIET") exists to set forth guidelines that govern organizations who conduct educational and international travel and exchanges. CSIET evaluates such organizations seeking CSIET endorsement on the basis of their compliance with nine performance standards. Many student exchange sponsors promote public awareness of their CSIET endorsement through the use of the CSIET logo on their websites, and in other material.
Unfortunately, and despite these very strict standards, foreign exchange students are at risk in this country for suffering sexual and other types of abuse at the hands of skillful predators and U.S. sponsor agencies who are more concerned about the money than the welfare of the children they are legally responsible for. The Committee for Safety of Foreign Exchange Students, www.csfes.org, has done an excellent job of raising awareness of this problem in the foreign exchange community of the Untied States and elsewhere. The reader is encouraged to read the information on the www.csfes.org.
The circumstances of the secondary student exchange program and the lack of serious oversight has given rise to the perfect storm for the abuse of foreign students. Students are oriented and encouraged to be open to cultural practices which may be different from their home experience. They are also encouraged to minimize communication with their parents. This sets up their vulnerability and the opportunity for predator sex offenders to groom these children into believing that this kind of sexual behavior is a cultural norm in the U.S. Since there is a huge demand by foreign students to come to the United States that often exceeds the supply of host families, regulations and background checks are often ignored by U.S. sponsor agencies in order to place as many students as they can, and of course reap the financial benefit. If the student complains or makes waives, excuses for repatriation are often trumped up to send the student back without a refund of the thousands of dollars his or her family has spent.
Foreign exchange students and their families who are contemplating coming to the United States should conduct as complete a due diligence as possible. Research the internet, contact the State Department and CSIET, and check with the Committee for Safety of Foreign Exchange Students before making a final decision. Parents should also stay in close communication with their children. There is no valid reason that students and parents should be encouraged not to communicate frequently. If the student and the parents are not getting cooperation, or worse, are receiving resistance from the sponsor agency, then they should immediately seek help from the State Department or a lawyer familiar with these issues.
[1] 22 Code of Federal Regulations ("CFR") 62 et seq, 62.1 (2004)
[2] Secondary School Student Sponsor on-Site Reviews, Notice, 75 FR 5637 (February 3, 2010)
[5] 22 CFR 62 et seq (formerly, 58 FR 15180 et seq)