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Slide 1   Inappropriate Student –Teacher Relationships

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Slide 1   Inappropriate Student –Teacher Relationships

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Legal Guide for Educators (Grades K-12)

This topic was chosen to bring light to this growing problem with hopes of seeing the number of cases related to inappropriate student-teacher relationships decrease.

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Inappropriate student-teacher relationships are on the rise nowadays. This topic is important because inappropriate student-teacher relationships are unacceptable and professionals working in the field of Education should be aware of this problem. The more educators know about the problem, the sooner preventive methods can be created and used to stop the problem. In addition to leading by examples, professionals working in the field of Education should always strive to be the solution to a problem; instead, too many are becoming to be a part of this problem.

In the state of Texas alone there were many cases of inappropriate student-teacher relationships reported in the past year. Inappropriate student-teacher relationships seem to be an emerging issue because each year the number of cases continues to grow. Not only is this inappropriate behavior hurting the students, this hurts everyone working in the field of Education as well. Sadly, if the number of cases continues to grow this could possibly ruin the reputation of every school in the entire state.

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The Training Guide for Administrators and Educators Addressing Sexual Misconduct in the School Setting

https://rems.ed.gov/docs/ASMTrainingGuide.pdf

The training guide for professionals in the field of Education is a good source which provides relevant information that could possibly help with preventing inappropriate student-teacher relationships. In this training guide examples of inappropriate/appropriate conduct related to student- teacher relationships can be found. In addition, clear and concise descriptions of behaviors that constitute adult sexual misconduct as relates to students can also be found in this training guide.

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Education Week (2007, October 23). Schoolhouse sex-abuse suspects face serial accusations. Retrieved from https://www.edweek.org/ew/articles/2007/10/23/09apabuse_profiles.h27.html

Many cases of sexual misconduct by a teacher are not being reported as they should. Fortunately in the state of Texas laws were put in place requiring schools to properly report any sexual misconduct involving a student or minor.

·         When sexual misconduct by a teacher is not properly reported, it puts more students at risk of being sexually abused.

·         When a teacher is accused of sexual misconduct with one student, there could be a possibility that more students may have been sexually abused by the same teacher at the same school or a different educational institution.

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LAUSD cuts ties with lawyer who blamed 14-year-old in teacher sex suit

Gross, A. (2014, November 17). Lausd cuts ties with lawyer who blamed 14-year-old in teacher sex suit. Retreived from https://www.educationdive.com/news/lausd-cuts-ties-with-lawyer-who-blamed-14-year-old-in-teacher-sex-suit/333722/

A school is a place for teaching, learning, and encouragement; but for some schools, it has become a place where educators are taking advantage of young and vulnerable students.

·         It is important for schools to teach students the difference between appropriate teacher conduct and inappropriate teacher conduct regarding student-teacher relationships.

·         It is important for schools to ensure that students know when and how to report sexual misconduct of a teacher.

·         When a child is taken advantage of, it is really important that schools do everything in their power to make sure it doesn't happen again.

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Improper Relationship between Educator and Student, (Tex. Penal Code § 21.12)
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm#21.12

Any sexual relationship between teachers and students would be improper and considered as a felony offense in the state of Texas. Even if the student is eighteen years of age or older, it would still be considered as improper relationship as long as the teacher is employed at a district or school in which the student attends or is affiliated with in any way

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Enforcement of Statutory Rape Laws ,  (34 USC § 12392)

https://uscode.house.gov/

Statutory rape laws were put in place to protect children and teenagers from predatory adults. Under statutory rape laws, any person who has sex with a minor in the U.S. can face plenty criminal charges. Any minor child’s or minor teenager’s consent to have sex is considered to be irrelevant because these individuals are not mature enough to make a choice about having sex.

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Requirement to Report Misconduct, (Tex. Educ. Code § 21.0062)

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm#21.0062

Any sexual conduct involving a student or minor and a private school educator must be reported by the school’s Superintendent to the Commissioner. Also, it must be reported when a non-certified employee resigns or is terminated and there is evidence that the employee has sexually abused or has been in a romantic relationship with a student or minor.

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Title IX of the Education Amendments of 1972, (20 U.S.C. §1681)

https://www2.ed.gov/about/offices/list/ocr/docs/shguide.html

Title IX prohibits sexual harassment and sexual violence. Sexual harassment can be defined as unwelcome conduct of a sexual nature. Sexual violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent which could be due to a person’s age or even use of drugs and alcohol. Rape, sexual assault, sexual battery, sexual abuse, and sexual coercion falls into the sexual violence category. Under Title IX, schools are obligated to address sexual harassment and sexual violence promptly and effectively.

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Employee Standards of Conduct, (Fort Bend Board Policy Manual, 2019)

https://pol.tasb.org/Policy/Download/483?filename=DH(LEGAL).pdf

According to the Fort Bend Employee Standards of Conduct, employees shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual.

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Code of Ethics and Standard Practices for Texas Educators, (19 TAC § 247.2(f) (h))

https://tea.texas.gov/texas-educators/investigations/educators-code-of-ethics

One reason the Educator’s Code of Ethics was put in place is to provide rules for standard practices and ethical conduct towards students. Standard 3.6 of the Educator’s Code of Ethics indicates that an educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. Standard 3.8 of the Educator’s Code of Ethics indicates that educators shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard.

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Boundary training: Promoting healthy adult-student relationships

United Educators. (2014, June) Boundary training: Promoting healthy adult-student relationships. Retrieved from https://www.aassa.com/uploaded/Educational_Research/Child_Protection/UE_ISN_boundary_training_tm.pdf

This training manual could be beneficial to professionals working in the field of Education K-12 because it is designed to help promote healthy teaching relationships and prevent sexual misconduct. It also would be helpful for educators working in grades K-12 because it covers ways teachers can establish boundary limits early in student- teacher relationships.

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Educators working in primary and secondary education should be aware that cases involving inappropriate student-teacher relationships are constantly growing. Not only does this behavior hurt the students, it hurts the entire school.  A school is a place for teaching, learning, and positive encouragement. A school is also a place where students should feel safe and protected. Professional working in the field of Education must practice ways to keep students safe from inappropriate student-teacher relationships. The following could assist educators with preventing such behavior:

·         Educators should make it a point to adhere to all rules, policies, guidelines, and laws related to inappropriate student-teacher relationship.

·         Rules, policies, guidelines, and laws related to inappropriate student-teacher relationships should be posted in every classroom, lounge, and lunchroom.

·         Schools should ensure that students understand the difference between appropriate and inappropriate student-teacher relationships.

·         Schools should ensure that students know when and how to report sexual misconduct of an educator.

·         Schools should ensure that any and all cases of sexual misconduct are properly reported.

·         Learning and training on how to prevent inappropriate student-teacher relationship should be ongoing for educators.