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Level of abuse and harms

The following chart outlines the levels of abuse that can be compensated through the Independent Assessment Process.

Level of Abuse

Level Description
SL5
Sexual abuse level 5
  • Repeated, persistent incidents of anal or vaginal intercourse.
  • Repeated, persistent incidents of anal or vaginal penetration with an object.
SL4
Sexual abuse level 4
  • One or several incidents of anal or vaginal intercourse.
  • Repeated, persistent incidents of oral intercourse.
  • One or several incidents of anal or vaginal penetration with an object.
SL3
Sexual abuse level 3
  • One or several incidents of oral intercourse.
  • One or several incidents of digital anal or vaginal penetration.
  • One or several incidents of attempted anal or vaginal penetration (excluding attempted digital penetration).
  • Repeated, persistent incidents of masturbation.
PL
Physical abuse

One or more physical assaults causing a physical injury that:

  • led to or should have led to hospitalization or serious medical treatment by a physician
  • caused permanent or demonstrated long-term physical injury
  • impaired or disfigured
  • caused loss of consciousness
  • broke bones
  • caused serious but temporary incapacitation requiring bed rest or infirmary care for several days. Examples include severe beating, whipping, and second-degree burning.
SL2
Sexual abuse level 2
  • One or more incidents of simulated intercourse.
  • One or more incidents of masturbation.
  • Repeated, persistent fondling under clothing.
SL1
Sexual abuse level 1
  • One or more incidents of fondling or kissing.
  • Nude photographs taken of the Claimant.
  • An adult employee or other adult who was lawfully on school property exposing themselves.
  • Any touching of a student, including touching with an object, by an adult employee or other adult who was lawfully on the premises that exceeds recognized parental contact and violates the sexual integrity of the student.
OWA
Other wrongful act
  • Being singled out for physical abuse by an adult employee or other adult who was lawfully on the premises that was grossly excessive in duration and frequency and which caused psychological harms at the H3 level or higher.
  • Any other wrongful act committed by an adult employee or other adult who was lawfully on the premises that is proven to have caused psychological harms at the H4 or H5 level.

The following chart outlines the levels of harm that can be compensated in the Independent Assessment Process when plausibly linked to an act of abuse.

Level of Harm

Level Description of harm that resulted from your abuse
H5

Continued harm resulting in serious dysfunction

Evidenced by:

  • psychotic disorganization, loss of ego boundaries, personality disorders, pregnancy resulting from a defined sexual assault or the forced termination of such pregnancy or being required to place for adoption a child resulting from such a pregnancy, self-injury, suicidal tendencies, inability to form or maintain personal relationships, chronic post-traumatic state, sexual dysfunction, or eating disorders
H4

Harm resulting in some dysfunction

Evidenced by:

  • frequent difficulties with interpersonal relationships, development of obsessive-compulsive and panic states, severe anxiety, occasional suicidal tendencies, permanent significantly disabling physical injury, overwhelming guilt, self-blame, lack of trust in others, severe post-traumatic stress disorder, some sexual dysfunction, or eating disorders.
H3

Continued detrimental impact

Evidenced by:

  • difficulties with interpersonal relationships, occasional obsessive-compulsive and panic states, some post-traumatic stress disorder, occasional sexual dysfunction, addiction to drugs, alcohol or substances, a long term significantly disabling physical injury resulting from a defined sexual assault, or lasting and significant anxiety, guilt, self-blame, lack of trust in others, nightmares, bed-wetting, aggression, hyper-vigilance, anger, retaliatory rage and possibly self-inflicted injury.
H2

Some detrimental impact

Evidenced by:

  • occasional difficulty with personal relationships, some mild post-traumatic stress disorder, self-blame, lack of trust in others, and low self-esteem; and/or several occasions and several symptoms of: anxiety, guilt, nightmares, bed-wetting, aggression, panic states, hyper-vigilance, retaliatory rage, depression, humiliation, loss of self-esteem.
H1

Modest detrimental impact

Evidenced by:

  • Occasional short-term, one of: anxiety, nightmares, bed-wetting, aggression, panic states, hyper-vigilance, retaliatory rage, depression, humiliation, loss of self-esteem.

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