Legal Guide by Allana Mccoy https://padlet.com/amccoy41/8br6qsvesd24jgee Inappropriate teacher/student relationships en-us 2023-07-19 13:30:03 UTC 2025-12-08 23:02:04 UTC hello@padlet.com https://padlet.net/icons/png/1f9d0.png Professional Perspective/Audience/Topic amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647915748 The topic for this legal guide is inappropriate teacher/student relationships. My professional background comes from being a teacher and pursuing a school counseling degree. The audience that this topic will reach is teachers across the field. It is important for teachers and employees to understand the legal limitations to having relationships with students, and what is considered appropriate and inappropriate. ]]> 2023-07-19 13:31:40 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647915748 Summary of Topic amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647915919 The topic for this legal guide is inappropriate teacher/student relationships. This topic covers the relationships that teachers and students have that take an inappropriate approach rather than staying professional. This issue has been around since the beginning of teaching and has increased immaculately over the years. Within the 2018-2019 year, Texas alone had seen a 42% increase in inappropriate teacher/student relationships (Proffer, 2018). This number has increased since then and continues to rise, which gives reason for this issue to be addressed.

Citation: Proffer, A. E. (2018, October 11). Texas sees 42 percent rise in inappropriate student-teacher relationship investigations. kvue.com. https://www.kvue.com/article/news/local/texas-sees-sharp-rise-in-inappropriate-student-teacher-relationship-investigations/269-603049596#:~:text=TEXAS%20%E2%80%94%20The%20number%20of%20opened,increase%20since%20a%20decade%20ago.

Just recently in January of 2023, a teacher was arrested for having sexual relations with a high school student (Masso, 2023). This teacher started messaging the student during their sophomore year and did not share sexual relations until their senior year of high school. Situations like this could be avoided if information is spread about the issue of inappropriate teacher/student relationships.

Citation: Masso, S. (2023, January 29). Affidavit provides new details into Texas teacher, student relationship. KXAN Austin. https://www.kxan.com/news/affidavit-provides-new-details-into-texas-teacher-student-relationship/ ]]> 2023-07-19 13:32:00 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647915919 Professional Association amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647916058 The National Education Association gives good insight on why mentorship is important in the education profession. Mentorship is beneficial because it acts as a coaching source for new employees to the profession. This resource specifically discussed the ways that mentorship helps new teachers stay in the profession and not lose sight of the purpose of their career (Flannery, 2023).

Citation: Flannery, M. E. (2023, July 20). Why mentoring matters. NEA. https://www.nea.org/advocating-for-change/new-from-nea/why-mentoring-matters ]]> 2023-07-19 13:32:17 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647916058 Current News Article amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647916330 This article gives tips for developing strong and appropriate relationships with students. Some of the key points discussed in this article are as follows, and help guide educators to know what they need in order to succeed in this area. 
·       Oftentimes, teachers become mentally unhealthy in their jobs which can cause rash or out of the ordinary behaviors. 
·       Controlling and taking care of your emotions as a teacher is extremely important. 
·       Connecting with others in an appropriate and professional manner is important for educators. 
·       Boundaries need to be set with colleagues and students to ensure that relationships are meaningful and appropriate.

Citation: Prothero, A. (2023, February 8). 4 steps for building strong relationships with students and colleagues. Education Week. https://www.edweek.org/teaching-learning/4-steps-for-building-strong-relationships-with-students-and-colleagues/2023/02  
]]> 2023-07-19 13:32:40 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647916330 Current News Article amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647917856 This news article covers a shocking case of a college professor that had an inappropriate relationship with a student on campus and then threatened the witnesses that were testifying against him (Flaherty, 2022). This article sheds light on how serious these events can get, and need to be made known so others can learn from the damage that can come from a situation like inappropriate contact with a minor.

The main points of this article reflect the danger that individuals can pose when confronted about a crime like inappropriate relations with a minor. It can also show that sometimes what starts as a small unprofessional problem, can quickly turn into something not just job threatening, but possibly life threatening.

 Citation: Flaherty, C. (2022, December 18). Chico State Faces backlash for faculty discipline. Inside Higher Ed | Higher Education News, Events and Jobs. https://www.insidehighered.com/news/2022/12/19/chico-state-faces-backlash-faculty-discipline  ]]> 2023-07-19 13:34:57 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647917856 Statutory Law- Sexual Offenses amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647918176 Texas Penal Code 21.12 defines sexual offences in the state of Texas. Section 21.12 explains the laws relating to improper relationship between educator and student. This penal code states that any sexual contact between an employee of a school and a student enrolled at that school or another public, private, or religious organization will result in a second-degree felony crime. It also explains that an employee having sexual relations with a student in an educational event hosted by the school district is a second-degree felony regardless of the students age. 

Citation: Texas Penal Code § 21.12 (2019)

Link: https://statutes.capitol.texas.gov/docs/pe/htm/pe.21.htm

]]> 2023-07-19 13:35:32 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2647918176 Statutory Law- Sexual Contact amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649933832 Section d-1A of penal code 21.12 defines what sexual contact is and its regulations. This section reads as follows: 
“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 an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of:
(A)  an enrolled person described by Subsection (a)(1) or (a)(2)(A); or
(B)  a student participant described by Subsection (a)(2)(B); or
(2)  any touching of any part of the body of the enrolled person or student participant with the anus, breast, or any part of the genitals of the employee.” (Texas Penal Code, 2019). 
Citation: Texas Penal Code § 21.12 (2019)
Link: https://statutes.capitol.texas.gov/docs/pe/htm/pe.21.htm
]]> 2023-07-24 02:35:23 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649933832 Statutory Law- Senate Bill 7 amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649934533 Senate Bill 7 acts as an extension to the Texas Penal Code as it extends the misconduct of sexual relations with a student. This bill states that any employee of a school having sexual relations with any student from any other organization or district is punishable by the law, not just offenses within an organization or school campus/district. This bill also extends the responsibility for reporting employee/student misconduct to the principals and superintendents. Now, principals are responsible for reporting sexual relations between an employee and a student just like superintendents. This bill was enacted due to the rising number of missed sexual conduct incidents between school employees and students. Along with more strict reporting guidelines, failure to report consequences also increased with the passing of this bill. A principal or superintendent could receive a state jail felony for failing to report inappropriate relations between an employee and student within the district. Lastly, this bill made it possible for educators to lose their certificate in their state if they complete this offense, or help another employee get hired knowing they have a past with inappropriate relations with a student. Employees can also be stripped of their retirement funds after committing this offense.   

Citation: 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 5, eff. September 1, 2017.

Link: https://capitol.texas.gov/tlodocs/85R/billtext/pdf/SB00007I.pdf

]]> 2023-07-24 02:36:25 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649934533 Judicial Law- Christopher Lehto vs. Board of Education of the Ceasar Rodney School District amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649935369 Christopher Lehto vs. Board of Education of the Ceasar Rodney School District- This court case involved a man who had committed a crime by engaging in a sexual relationship with a seventeen-year-old girl who had been his student in the past. The criminal case got dropped due to lack of evidence, but district policy and concern caused him to lose his job. He contested in court claiming that the inappropriate relationship had not affected his ability to do his job effectively, nor did it effect his students test scores. The district ruled that they will only have employees who uphold morals and set an example that is noble for the students they serve day in and day out. Overall, Christopher did not receive his job back. 

Citation: Christopher Lehto vs. Board of Education of the Ceasar Rodney School District, No. 175, 2008. https://caselaw.findlaw.com/court/de-supreme-court/1344980.html 

Link: https://caselaw.findlaw.com/court/de-supreme-court/1344980.html 
]]> 2023-07-24 02:37:22 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649935369 Administrative Law- San Angelo ISD amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649935816 This policy is from San Angelo ISD employee handbook, and it outlines the regulations regarding student-teacher relationships. Under section DH – Employee Standards of Conduct it states that employees should adhere to ethical standards towards all school personnel including students (Board Policy Manual, 2019). Under this policy it also states that employees should not have direct communication with a student over an electronic device, which could help eliminate inappropriate student-teacher relationships. This policy also has a section dedicated to loss of retirement annuity for any crime that results in a felony charge including sexual assault and improper relations between a student and teacher. The local policy linked to this specific policy states that any employee who fails to follow the guidelines set by the district will have consequences, and possible termination of their role. 

Citation: Board policy manual. TASB. (2019, January 11). https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1139&code=DH#localTabContent 
Link: Board policy manual. TASB. (2019, January 11). https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1139&code=DH#localTabContent

]]> 2023-07-24 02:38:00 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649935816 Ethical Principles amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649949111 The American School Counselor Association outlines ethical guidelines that counselors should abide to in their line of work. Section A pertains to Responsibility to Students. Subsection L states that counselors should maintain appropriate boundaries with students and refrain from having any kind of romantic or sexual relationship with a student whether the action is legal or not. They are to uphold the upmost moral values in their line of profession and continue to maintain boundaries with the students they have served in the past, in the present, and in the future (American School Counselor Association, 2021). This is implication that it is important for counselors to understand the ethical guidelines that precede their role, and use those guidelines to guide their actions toward relationships with students.

Citation: American School Counselor Association. (2021). ASCA ethical standards for school counseling
https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf]]> 2023-07-24 02:54:35 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649949111 Non-Law Source amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649958728 In order to counteract the negative incidents happening with teacher/student inappropriate relationships, counselors can seek information that speaks life into their role. This blog is written to encourage counselors to build and maintain effective relationships with students that will have an extensive professional impact. The information on this site gives pointers that guide counselors to the basics of developing those healthy relationships with students. This can also be effective and be applied for classroom teachers. 

Citation: 6 easy ways to build relationships with your students. Hey Teach! (2022a, February 9). https://www.wgu.edu/heyteach/article/6-easy-ways-to-build-relationships-with-your-students1908.html  ]]> 2023-07-24 03:09:12 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649958728 Recommendations amccoy41 https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649967291 1. Adhere to ethical guidelines set by federal, state, and organizational teams for educators. 
2. Understand the impact that teacher/student relationships have on the lives of students and their families. Get insight if there are any confusions on the policies set in place by the district. 
3. Be aware that these situations are career and life threatening not only for the teacher/employee but the student involved. Many students and teachers do not recover quickly, if at all, from events like these. 
4. Have a support team incase there are questionable instances that take place in or out of the professional setting. Always report contact or allegations from a student rather than overlooking events thinking they will just go away on their own. 
5. Adhere to legal guidelines set by federal, state, and organizational institutions. Follow your contract and the practices you promise to adhere to while employed within a school system of any level. 
6. Always be aware of cases and incidents possibly happening around you or in your area, and be an advocate for healthy student/teacher relationships. This is a way to encourage healthy and positive interactions instead of pretending like these events are not currently posing an issue in the school system. ]]> 2023-07-24 03:25:42 UTC https://padlet.com/amccoy41/8br6qsvesd24jgee/wish/2649967291