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I will take my prospective as a high school administrator. This legal padlet will be used as a resource to ensure our teachers are abiding by legal and ethical obligations surrounding relationships with students.
I selected this topic because sadly, as an administrator, I may be faced with this situation on day and I want to be prepared.

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I interviewed my principal, Tabitha Coffman, at Meadow ISD.
We discussed the prevention and handling of inappropriate student-teacher relationship. Appropriate and respectable relationships between students and teachers are always encouraged. Coffman stated that we want our students to be supported and feel comfortable. But there are lines that have to be drawn. We have a moral and legal obligation to ensure all students at our campus are protected at all costs. We have ethical obligations to ensure that when an inappropriate allegation arises to make an official report and complete an investigation. Dr. Coffman stated that "it needs to always be handled seriously because it has serious implications on students, staff, schools, and entire school districts," (T. Coffman, personal communication, September 17, 2021).
Best Practices:
1. Take rumors and allegations seriously.
2. Report everything and be open during investigations.
3. Protect your students at all costs.
4. Ensure all teachers understand what constitutes an inappropriate relationship.
"An emerging topic that needs to be addressed is the use of social media in today's day in age," (T. Coffman, personal communication, September 17, 2021). Students and teachers can be connected at a few clicks. Teachers need to be aware of the potential implications this can cause and need to stray away from contacting students via social media.

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Tim Walker (2019) write an article on National Education Association on texting and student-teacher relationships. https://www.nea.org/advocating-for-change/new-from-nea/keeping-fear-factor-out-teacher-student-texting

This article writes about the boundaries that teachers must have in regards to communicating with students. Teachers must be aware of the blurred lines communicating with their students can cause. Some states, like Missouri and Indiana, created laws banning teachers from contacting students, but both were overturned due to overreactions.
Some teachers and coaches need to be in contact with their students. What they need to do is avoid texting privately and download apps like groupme as a way to communicate. Teachers need to use common sense and create and establish boundaries and expectations when talking with students outside of the classroom setting.

Reference:
White, T. (2016, May 26). Keeping the fear factor out of student-teaching texting. National education association. Retrieved from https://www.nea.org/advocating-for-change/new-from-nea/keeping-fear-factor-out-teacher-student-texting

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Even as many educators grow increasingly comfortable with the idea of cellphones as learning tools - including regulated uses of social media - for many teachers, texting with students presents a slippery slope not worth stepping onto.

The fears are not unfounded. The potential for misunderstanding and blurred lines of privacy always linger. In those districts that strictly forbid teacher-student texting, the issue isn't even open for discussion Some states have attempted to take the ban further by outlawing any online communication between teachers and students, including on more public venues such as Facebook or Twitter.

Missouri passed such a law in 2011 but it was soon repealed after educators and others denounced it as an overreaction. In 2015, an Indiana lawmaker introduced a similar bill but the measure was soon withdrawn in the face of widespread opposition.

There's an obvious need to tread carefully and establish parameters around any policies permitting texting between educators and their students. But many experts believe schools that ban the practice - by preventing teachers from taking advantage of a potentially valuable tool of communication - are actually ill-serving students.

Liz Kolb, a professor of educational technologies at the University of Michigan, believes much can be lost by dismissing texting. Kolb says the "fear factor" around teacher-student texting is real but shouldn't dictate the parameters around online communication. "Common sense and personal judgment should," Kolb says.

"The benefits to communicating via cell phones with students include bridging school learning with everyday experiences, connecting with students over breaks and on snow days, communicating to check for misunderstanding and to extend lessons, personalizing learning, and modeling positive digital citizenship skills to students," Kolb explains.

Ultimately, however, whether or not to do so remains a "personal decision for each teacher," she adds.
Boundaries and Expectations
To Brian McAndrew, a business teacher in Urbana, Illinois, the question of whether to give his cell number to his students was an easy call.

"That's just not somewhere I'm willing to go. There has to be boundaries between teachers and students," says McAndrew. He was still interested in fostering some form of online communication with his students.

"Students are so connected to their phones and it's their primary tool of communication. So we have to find some way to use it to communicate, obviously with boundaries," says McAndrew. A while back, he considered communicating with his students via Twitter but quickly dismissed it.

McAndrew found the right medium with the increasingly popular Remind app, which many districts see as an acceptable alternative. Educators can blast out assignments, helpful study aids or reminders about an upcoming test, and copy parents on each and every message. Because Remind runs through a third party service, no cell phone numbers are necessary.

In addition to Remind, GroupMe or Cel.ly also create alerts for the class. Educators can also sign up for a phone number through Google Voice so that students and parents do not have the teacher's direct cell phone number.

If teachers want to connect with students via cell phones for assignments and class communication, they need to be clear with students about the nature of the communication, says Kolb. Establishing parameters and expectations with students and their parents is therefore critical.

"For some teachers this may mean not allowing phone calls or class texts after a certain time on weekdays and/or weekends," she explains. "Some teachers schedule a weekly text alert at 4:00 p.m. on Friday to remind parents and students that they will not be in communication again for work until Monday at 8:00 a.m."
Keep Communication Channels Open
Mica Pollock, a professor of education at the University of California, believes over-regulation of teacher-student texting could impair a school's ability to support at-risk youth. These students' academic success depends in part on strong bonds of communication with their teachers. A low-cost technology like texting, according to Pollock, is a "rapid, personalized tool for youth support" that can help create and sustain those ties.

A few years ago, Pollock and Uche Amaechi, a doctoral student at Harvard University, followed two teachers and 40 at-risk students at a Massachusetts school as they texted regularly, using Google Voice, over the course of an entire school year. Specific ground-rules were established - namely be respectful of teachers time - but no limitations were placed on actual content.

According to Pollock's and Amaechi's report, both students and teachers noted that "texting allowed students and teachers to support each other as well as 'bond,' in ways crucial for solidifying students' commitment to both teachers and school. Students made it clear that the more they felt teachers cared about them and their success, the more they wanted to succeed in school - and that texting helped solidify this confidence."

Many of the teachers at the school chose not to participate in the texting pilot, due mostly to typical concerns over boundaries. Teacher anxiety remains a big obstacle, but Amaechi believes it can be addressed by clarifying goals, a discussion that involves all stakeholders. And, again, using a transparent medium is key.

"We did it through Google Voice," Amaechi says. "There are numerous platforms that could be used that are accessible by third parties. The challenge is to use a platform that doesn't feel cumbersome to students or teachers."

Ensuring student safety should always be a top priority, adds Pollock, and having all exchanges documented in a running record actually protects teachers as well as students.

It may take some planning to create the boundaries and establish specific goals, but the rewards for students, particularly those who need extra help, could be significant.

Teacher-student communication is always something to consider carefully, whether it's 1-1 or 1-30, in person or via text message," says Pollock. "But I think we need to make it more routine, not rare, to invite dialogue with students, regardless of channel."

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Keeping the 'Fear Factor' Out of Teacher-Student Texting | NEA

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Even as many educators grow increasingly comfortable with the idea of cellphones as learning tools - including regulated uses of social media - for many teachers, texting with students presents a slippery slope not worth stepping onto. The fears are not unfounded. The potential for misunderstanding and blurred lines of privacy always linger.

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How Schools Can Stop Inappropriate Teacher/Student Relationships - learnsafe.com by Emma (June 29th, 2019)
- sharp increase in sexual abuse from teachers. 7% of 8th-11th grade students have experienced this. 3.5 million students nationwide.
- Alabama, Texas, North Carolina, Louisiana have the highest rates.
- Social Media is the leading cause of rising rates of inappropriate teacher-student relationships.
- Schools should invest in a computer monitoring software that protects its students and teachers from temptation.
Reference: Emma. (2019, June 24). How schools can stop inappropriate teacher/student relationships. Retrieved September 19, 2021, from https://learnsafe.com/how-schools-can-stop-inappropriate-teacher-student-relationships/.

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Dallas Morning News - Cases of improper student-teacher relationships on the rise after passage of state law cracks down on educator misconduct by: Nannette Light, Nov. 28, 2018
- During 17-18 TEA opened up the most investigations into inappropriate teacher-student relationships, at 429. This was a 42% increase from the year before.
- Credited the increase to the "Me Too" Movement
- Senate Bill 7: Bettencourt wrote. This law would effect the rehiring of troubled teachers and would criminalize administrators for not reporting allegations.
Reference: Light, N. (2018, November 28). Cases of improper student-teacher relationships on the rise after passage of state law cracks down on educator misconduct. Retrieved from https://www.dallasnews.com/news/education/2018/11/29/cases-of-improper-student-teacher-relationships-on-the-rise-after-passage-of-state-law-cracks-down-on-educator-misconduct/

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Cases of improper student-teacher relationships on the rise after passage of state law cracks down on educator misconduct

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The number of teachers flagged statewide for having sex and other inappropriate relationships with students continues to rise, according to the...

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Constitutional Law: Section 1 of the 14th Amendment states that all people in the government are allowed equal protection. This relates to inappropriate student-teacher relationships because all students are guaranteed protection at all costs.

Reference: U.S. Const. amend. XIV, § 1.

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State Statutory Law: Section 21. 12 of the Texas Penal code prohibits the sexual relationship of educators and students. Crimes committed may face up to 20 years in prison.
Link: https://statutes.capitol.texas.gov/docs/pe/htm/pe.21.htm
Reference: Tex. Pen. Code § 12.33

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PENAL CODE



TITLE 5. OFFENSES AGAINST THE PERSON



CHAPTER 21. SEXUAL OFFENSES



Sec. 21.01. DEFINITIONS. In this chapter:


(1) "Deviate sexual intercourse" means:


(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or


(B) the penetration of the genitals or the anus of another person with an object.


(2) "Sexual contact" means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.


(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.


(4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.124, eff. September 1, 2005.


Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN. (a) In this section, "child" has the meaning assigned by Section 22.011(c).


(b) A person commits an offense if:


(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and


(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.


(c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws:


(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually;


(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;


(3) sexual assault under Section 22.011;


(4) aggravated sexual assault under Section 22.021;


(5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4);


(6) sexual performance by a child under Section 43.25;


(7) trafficking of persons under Section 20A.02(a)(7) or (8); and


(8) compelling prostitution under Section 43.05(a)(2).


(d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.


(e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c):


(1) is charged in the alternative;


(2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or


(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b).


(f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.


(g) It is an affirmative defense to prosecution under this section that the actor:


(1) was not more than five years older than:


(A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or


(B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim;


(2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and


(3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense:


(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or


(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c).


(h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.


Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.17, eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.04, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 31, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 2, eff. September 1, 2017.


Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472.



Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.


(b) An offense under this section is a Class C misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 21.07. PUBLIC LEWDNESS.


(a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:


(1) act of sexual intercourse;


(2) act of deviate sexual intercourse; or


(3) act of sexual contact.


(b) An offense under this section is a Class A misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 1, eff. September 1, 2017.


Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.


(b) An offense under this section is a Class B misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 21.09. BESTIALITY. (a) A person commits an offense if the person knowingly:


(1) engages in an act involving contact between:


(A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or


(B) the person's anus or genitals and the mouth of the animal;


(2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;


(3) causes an animal to contact the seminal fluid of the person;


(4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;


(5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4);


(6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4);


(7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4);


(8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control;


(9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or


(10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).


(b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree.


(c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice.


Added by Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 2, eff. September 1, 2017.


Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:


(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or


(2) with intent to arouse or gratify the sexual desire of any person:


(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or


(B) causes the child to expose the child's anus or any part of the child's genitals.


(b) It is an affirmative defense to prosecution under this section that the actor:


(1) was not more than three years older than the victim and of the opposite sex;


(2) did not use duress, force, or a threat against the victim at the time of the offense; and


(3) at the time of the offense:


(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or


(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.


(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.


(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:


(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or


(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.


(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 1, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 32, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 3, eff. September 1, 2017.


Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. (a) An employee of a public or private primary or secondary school commits an offense if the employee:


(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;


(2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:


(A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or


(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or


(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.


(b) An offense under this section is a felony of the second degree.


(b-1) It is an affirmative defense to prosecution under this section that:


(1) the actor was the spouse of the enrolled person at the time of the offense; or


(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.


(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.


(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code.


Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 610 (H.B. 401), Sec. 1, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 772 (H.B. 3659), Sec. 1, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 2, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 3, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 1, eff. September 1, 2017.


Sec. 21.15. INVASIVE VISUAL RECORDING. (a) In this section:


(1) "Female breast" means any portion of the female breast below the top of the areola.


(2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.


(3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.


(4) "Promote" has the meaning assigned by Section 43.21.


(b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:


(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;


(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or


(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).


(c) An offense under this section is a state jail felony.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.


Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 306 (H.B. 1804), Sec. 1, eff. September 1, 2007.


Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 1, eff. June 18, 2015.


Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 2, eff. June 18, 2015.


Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (a) In this section:


(1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.


(2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.


(3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.


(4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.


(5) "Visual material" means:


(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or


(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.


(b) A person commits an offense if:


(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;


(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;


(3) the disclosure of the visual material causes harm to the depicted person; and


(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:


(A) any accompanying or subsequent information or material related to the visual material; or


(B) information or material provided by a third party in response to the disclosure of the visual material.


(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:


(1) in return for not making the disclosure; or


(2) in connection with the threatened disclosure.


(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.


(e) It is not a defense to prosecution under this section that the depicted person:


(1) created or consented to the creation of the visual material; or


(2) voluntarily transmitted the visual material to the actor.


(f) It is an affirmative defense to prosecution under Subsection (b) or (d) that:


(1) the disclosure or promotion is made in the course of:


(A) lawful and common practices of law enforcement or medical treatment;


(B) reporting unlawful activity; or


(C) a legal proceeding, if the disclosure or promotion is permitted or required by law;


(2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of:


(A) the person's intimate parts; or


(B) the person engaging in sexual conduct; or


(3) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person.


(g) An offense under this section is a state jail felony.


(h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 3, eff. September 1, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(b), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1354 (H.B. 98), Sec. 2, eff. September 1, 2019.


Sec. 21.17. VOYEURISM. (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.


(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.


(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.


(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.


(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2015, 84th Leg., R.S., Ch. 676 (H.B. 207), Sec. 1, eff. September 1, 2015.


Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(35), eff. September 1, 2017.


Sec. 21.18. SEXUAL COERCION. (a) In this section:


(1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c).


(2) "Sexual conduct" has the meaning assigned by Section 43.25.


(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:


(1) intimate visual material;


(2) an act involving sexual conduct causing arousal or gratification; or


(3) a monetary benefit or other benefit of value.


(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:


(1) intimate visual material; or


(2) an act involving sexual conduct causing arousal or gratification.


(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.


(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(c), eff. September 1, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 4(b), eff. September 1, 2017.


Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16.


(b) A person commits an offense if the person knowingly transmits by electronic means visual material that:


(1) depicts:


(A) any person engaging in sexual conduct or with the person's intimate parts exposed; or


(B) covered genitals of a male person that are in a discernibly turgid state; and


(2) is not sent at the request of or with the express consent of the recipient.


(c) An offense under this section is a Class C misdemeanor.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


Added by Acts 2019, 86th Leg., R.S., Ch. 848 (H.B. 2789), Sec. 1, eff. September 1, 2019.

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PENAL CODE TITLE 5. OFFENSES AGAINST THE PERSON CHAPTER 21. SEXUAL OFFENSES Sec. 21.01. DEFINITIONS. In this chapter: (1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object.

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State Administrative Law: The Texas Administrative Code Section 247 states many different ethical standards educators must abide by. Standard 3.6 states that "the educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor."
Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2
Reference: Tex. Admin. Code §247.2 3.6

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Judicial Law: Gebser v. Lago Vista I.S.D. (1998). A male teacher sexually abused a female student and the school failed to do anything about it even after hearing about the alleged abuse.
Reference: Title IX of the Education Amendments of 1972, 86 Stat. 373, as amended, 20 U.S.C. § 1681
Link: https://www.law.cornell.edu/supct/html/96-1866.ZO.html

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From the Meadow ISD Handbook: "Sexual and other harassment of students by employees are forms of discrimination and are
prohibited by law. Romantic or inappropriate social relationships between students and district
employees are prohibited. Employees who suspect a student may have experienced prohibited
harassment are obligated to report their concerns to the campus principal or other appropriate
district official. All allegations of prohibited harassment of a student by an employee or adult
will be reported to the student’s parents and promptly investigated. An employee who knows of
or suspects child abuse must also report his or her knowledge or suspicion to the appropriate
authorities, as required by law. See Reporting Suspected Child Abuse and Bullying for additional
information"
Link: https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/504761/Meadow_Employee_Handbook_19-20.pdf
Reference: Meadow ISD. (2019-2020). Meadow employee handbook. Retrieved https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/504761/Meadow_Employee_Handbook_19-20.pdf

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According to the Texas Administrative Code, Principal as Instructional Leader it is my job to ethically ensure all students and staff's well-being are being kept priority.
In regards to sexual relationships, I need to promote a sense of togetherness, but ensure the lines and boundaries are understood by all. Section 251. 15.12 states that principals shall "create an atmosphere of safety that encourages the social, emotional, and physical well-being of staff and students;"
Reference: Tex. Admin. Code §241.15. 12
Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=241&rl=15

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(a) Principal as Instructional Leader Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program (EPP) in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examinations required to obtain the standard Principal as Instructional Leader Certificate. The standards also serve as the foundation for the individual assessment, professional growth plan, and continuing professional education activities required by §241.30 of this title (relating to Requirements to Renew the Standard Principal as Instructional Leader Certificate).

Source Note: The provisions of this §241.15 adopted to be effective December 23, 2018, 43 TexReg 8114

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(a) Principal as Instructional Leader Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program (EPP) in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examinations required to obtain the standard Principal as Instructional Leader Certificate.

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My personal connection to this law is strong. While I was in High School a student I went to school with had an inappropriate relationship with a teacher. It ended very badly and she ended up receiving treatment for mental health. I felt as though the administration and school district did not handle her situation well. She was not supported or cared for. It has led me to be an administrator who follows the law, understands mental health, and is an advocate for my students.

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Best Practices for Compliance:
1. Openly communicate with your teachers and staff on the expectations, boundaries, and implications of inappropriate student-teacher relationships.
2. This topic should not be ignored or "pushed under the rug." It is too prevalent in todays society. Teachers and staff members need to have an open dialogue with administrators to answer questions or concerns they may have regarding this situation.
3. As an administrator, I need to stay up to date on laws and regulations relating to inappropriate relationships. It is my ethical and legal duty to protect the rights of my students and my school district.
4. Continuous professional development needs to be implemented to ensure all teachers and staff understand their ethical obligations as an educator.
5. Personally, I would recommend a school create a rule that does not allow teachers, coaches, or staff members communicate with students via text message. There are many apps available to create a safe way of communicating.
6. Host a conference with the counselor to speak with students and explain the boundaries and expectations when communicating with a teacher. Allow them to express their thoughts and seek counseling if necessary.