Legal & Ethical Guide by Priscilla Nguyen https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i Inappropriate Student / Teacher Relationships en-us 2022-07-20 21:58:27 UTC 2022-07-25 00:21:47 UTC hello@padlet.com Slide #1-Professional Perspective pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247148258 As an elementary teacher and future principal, student safety will always be at the forefront of the decisions I make. The question how will this affect students is asked frequently. Unfortunately, this is not the case with every educator. Students will build strong relationships with the educators they spend a magnitude of their time with. Parents also put their trust into the schools and educators that mold their children’s hearts and minds. However, there are educators that prey on those strong relationships and trust to exploit their students by developing an inappropriate student/teacher relationship. This Padlet will inform parents, educators, and school leadership about the legal and ethical bounds of student/teacher relationships. 

]]> 2022-07-20 22:56:40 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247148258 Slide #2- Interview pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247148456 I interviewed Maria Hudgins, principal of Roberto "Bobby" Barrera Elementary STEM Magnet School at San Felipe-Del Rio CISD. https://www.sfdr-cisd.org/elementary-school/roberto-bobby-barrera-elementary-stem-magnet-school/
The legal guide for inappropriate student/teacher relationships is important because it gives the administrator the blueprint of what is and is not acceptable. It is updated to include behavior and interactions that may occur off campus and after school hours. The legal guide is used as a tool by school administrators, superintendent, cabinet and school board when reviewing and deciding on related cases. It is also a great tool for teachers, giving them parameters by which to adhere. All staff need to know the policy for student/teacher relationships and its parameters. Court cases set the precedence for policy and how administration, superintendent, cabinet and school board rule on any case. The district’s legal team conducts trainings to the district administration team once a month. Each time they go over different legal guides and issues. Principals stay current by attending all board meetings where any amendment or addition to policy is presented. Administration are also kept current by the legal team and the superintendent. (M. Hudgins, personal communication, July 19, 2022).
Best Practices
·Implement a campus policy for faculty to communicate with students via a school approved app only when communication is appropriate. This mainly pertains to secondary (sports, arts, clubs, etc). Students and family will sign acknowledgement of district monitoring on the application. 
·Instruct staff to never engage with students on any social media.
·No educator on campus can be alone with a student behind closed doors. It is best to have someone else present and/or an open door.
·Train staff on proper communication with students. It is best practice to have all communication with students be respectful, appropriate, and professional. (M. Hudgins, personal communication, July 19, 2022).
 Current Issue
A current issue rising, as it pertain to inappropriate student/teacher relationships, is the evolution of technology and its accessibility to a majority of students in schools. There are many applications used to help conceal communication and there are many districts that have yet to contract with software monitoring companies. SFDR-CISD schools have gone one to one with devices for students; as they move forward with technology, it is only a matter of time before we see the new policies created to protect both educators and students alike. Educators must be trained on how to communicate professionally with students on education platforms while districts must learn how to monitor and flag inappropriate communication. (M. Hudgins, personal communication, July 19, 2022).


]]> 2022-07-20 22:57:31 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247148456 Slide #3- Professional Association pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247148618 Susan Crowther (2021), Associate General Counsel and Assistant Attorney General in the Office of General Counsel of the Alabama Department of Education, posted an article on why is it critical to establish policies and consequences for online communication between teachers and students. https://www.nsba.org/ASBJ/2021/october/consequences-and-prevention Crowther (2021) notes the typical pattern in which an inappropriate student/teacher relationship follows. She provides examples of policies districts can implement to safeguard students. Crowther (2021) warns if districts fail to take preventative steps, not only will the lives of students and educators be left in ruin, but districts may also be held liable to a Title IX lawsuit. 

Reference: Crowther, S. (2021, October 1). Consequences and Prevention: Some teachers preyed upon students during the COVID-19 shutdown [Web log post]. Retrieved from https://www.nsba.org/ASBJ/2021/october/consequences-and-prevention
]]> 2022-07-20 22:58:08 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247148618 Slide #4-News Article 1 pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247148944 Neal Davis Law Firm (2019), published a blog detailing the penalties for improper student/teacher relationships in Texas. The blog details the number of TEA reported incidents in recent years in the state of Texas. The law firm points to Gov. Greg Abott signing a bill in 2017 and another new law in 2019, which criminalized school administration for not reporting improper relationships, as a main factor on the rise of reports. It further attributes the rise of cases to social media as it provides them with an open door to their private lives. Link: https://www.nealdavislaw.com/blog/sex-crimes/teacher-student-relationships#:~:text=According%20to%20the%20Texas%20Education,year%20that%20the%20number%20rose. Reference: Firm, N. D. (2019, December 5). Improper Teacher-Student Relationships Are On the Rise in Texas. Retrieved from nealdavislaw.com: https://www.nealdavislaw.com/blog/sex-crimes/teacher-student-relationships#:~:text=According%20to%20the%20Texas%20Education,year%20that%20the%20number%20rose.]]> 2022-07-20 22:59:17 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247148944 Slide #5- News Article 2 pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149036 Cathy Tatom (2020), reports about the increase in inappropriate student/teacher relationships in Texas. The author found that TEA concluded smartphones and changes in state law were the reasons for the rise in inappropriate student/teacher relationship reports. While interviewing TEA investigator, Doug Phillips, he provided the profile of the teacher that most often preys on students, but shared he had investigated educators of all age ranges, genders, and community sizes. Baylor College of Medicine’s Dr. Karen Lawson, licensed sex offender treatment provider, commented that in every case in which she has evaluated someone in an inappropriate student/teacher relationship she has found the relationship evolved over secretive cell phone communication. Lawson and Phillips shared tips for parents to keep their children safe. Link: https://www.click2houston.com/news/2018/11/13/sex-with-students-why-more-texas-teachers-are-getting-caught/ Reference: Taton, C. (2020, January 6). Sex with students: Why more Texas teachers are getting caught. Click2Houston.com. Retrieved from https://www.click2houston.com/news/2018/11/13/sex-with-students-why-more-texas-teachers-are-getting-caught/]]> 2022-07-20 22:59:35 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149036 Slide #6-Original Source of Law pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149322 Federal Constitutional Law
The 14th Amendment of the Constitution of the United States of America: 
-provides equal protection under the Constitution for all United States citizens. 
-is the cornerstone for state laws involving improper student teacher relationships  (U.S. Const. amend. XIV, § 1). 
Link to law: https://www.senate.gov/civics/constitution_item/constitution.htm#amendments ]]> 2022-07-20 23:00:45 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149322 Slide #7- Original Source of Law pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149402 Statutory Law
An improper relationship between a student and educator is charged under the same section of the Texas Penal Code as indecency with a child. According to Texas Penal Code § 21.12, it is against the law for an educator to engage in any sexual activity with a student enrolled at the school where they work.

Texas Penal Code § 21.12(a) makes it a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 for an employee of a public or private primary or secondary school to engage in sexual conduct with a person enrolled at that school.
Link to law: https://codes.findlaw.com/tx/penal-code/penal-sect-21-12.html
Reference: Tex. Penal Code  § 21.12(a) (2019)

]]> 2022-07-20 23:01:01 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149402 Slide #8-Original Source of Law pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149441 State Administrative Law
The Texas Administrative Code requires:
*prohibits educators from forming a romantic relationship with a minor or student
*prohibits educators from engaging in sexual activities with a minor or student (19 Tex. Admin. Code § 3.6).
Link to law: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2
Reference: Texas Administrative Code. (2018). Code of Ethics and Standard Practices for Texas Educators Code §247.2.(3)(F). https://texreg.sos.state.tx.us/public/readtac$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]]> 2022-07-20 23:01:10 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149441 Slide #9-Original Source of Law pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149478 Judicial Law
In 1998, the United States Supreme Court decided Gerbser v. Lago Vista I.S.D., a case involving a male public school teacher’s sexual harassment of a female student. Here the student claimed that the teacher had repeatedly abused her and that school administrators and teachers knew about the harassment but failed to do anything about it. In Gerbser the following issue was before the Court: When may a school district be held liable in damages (for the sexual harassment of a student by one of its employees) in an implied right of action under Title IX of the Education Amendments of 1972? The Court concluded, “damages may not be recovered in those circumstances unless an official of the school district who at a minimum has the authority to institute corrective measures on the district’s behalf has actual notice of, and is deliberately indifferent to, the teacher’s misconduct.” (Gerbser, 1998)
Link to case: https://www.loc.gov/item/usrep524274/ Reference: Gebser v. Lago Vista ISD, 524 US 274 (1998)]]> 2022-07-20 23:01:20 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149478 Slide #10- Local Administrative pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149762 San Felipe Del Rio CISD’s Board Policy Manual (2019),  includes an Employee Standards of Conduct which outlines improper student/teacher relationships. This policy prohibits the use of any personal modes of communication with enrolled students, bars educators from disclosing their personal contact information with students, requires educators to report all inappropriate communication received from students, and clearly states that no district employee can form a romantic or other inappropriate relationship (to include one sexual in nature) with a student. All inappropriate relationships with students are prohibited, even if they are consensual.  (San Felipe-Del Rio CISD, 2019) Link to policy: https://pol.tasb.org/Policy/Download/1180?filename=DH(LOCAL).html&title=EMPLOYEE%20STANDARDS%20OF%20CONDUCT&subtitle=  Reference: San Felipe-Del Rio CISD. (2019, November 22). DH (Local)- Employee Standards of Conduct. Retrieved from https://pol.tasb.org/Policy/Download/1180?filename=DH(LOCAL).html&title=EMPLOYEE%20STANDARDS%20OF%20CONDUCT&subtitle=]]> 2022-07-20 23:02:05 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149762 Slide #11- Ethical Principal pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149862 The Texas Educators Code of Ethics Standard 3.9 details the breach of ethical conduct toward students. It states that educators should not participate in any inappropriate communication with a minor or student (on any mode of communication). The standard lists the various modes of communication and includes the factors used in assessing whether communication is deemed appropriate between a student and educator.
Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2https://texreg.sos.state.tx.us/public/readtac$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: Texas Administrative Code. (2018). Code of Ethics and Standard Practices for Texas Educators Code §247.2.(3)(I). 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

 


]]> 2022-07-20 23:02:25 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247149862 Slide #12- Personal Connection to the Legal and Ethical Standards pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247150039 -My personal connection to the legal and ethical standards outlined are those in which I build professional relationships with my students. My students follow my example on how to interact and build nurturing relationships with future educators. By maintaining a loving, yet professional relationship with my students in which I set communication boundaries, my student learn and understand what an ethical student/teacher relationship consists of. They would further be able to identify an improper student/teacher relationship.
 
-These laws have paved the way to my educational goals by creating a safety guideline for teachers and students to follow. These laws outline the communication that is deemed appropriate and improper between students and their teachers. There have been many times that current and previous students have attempted to connect over social media or ask for my personal contact information. My district policy has been an easy reference point for me to use when explaining to my students and their parents about the ethical boundaries I would not cross, no matter how innocent the intention was. As I continue forth in my educational career, I will continue to refer to these laws, and policies so that my campus staff if aware of the legal parameters surrounding student/teacher relationships.

]]> 2022-07-20 23:03:02 UTC https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247150039 Slide #13- Recommendations for Compliance pnguyen118 https://padlet.com/pnguyen118/bm0aaxf2hcz4j29i/wish/2247150259 The following are best practices or recommendations I have compiled while researching the laws, policies, and guidelines of inappropriate student/teacher relationships: 

1)      Campus administration team need to stay current on district policy and communicate policy updates to campus staff effectively. (M. Hudgins, personal communication, July 19, 2022).

2)      Campus staff should be required to complete training on how to identify the warning signs of an improper student/teacher relationship.

3)      Campus staff should have an annual refresher training on the parameters of appropriate and inappropriate student/teacher communication.

4)      Campus administration team need to implement a safe reporting system and train staff on how to report an improper student/teacher relationship.

5)      Districts need to provide their families with resources that help them with preventative measures or flag when their child is involved in an improper relationship with an educator. (Tatom, 2020)

6)      Any district staff directly working with a child in extracurricular activities that require out of school communication should be required to take extensive training on appropriate communication with students and sign an acknowledgment consent form for the district monitoring software used on school issued communication devices. (Crowther, 2021)
 
References: 

Crowther, S. (2021, October 1). Consequences and Prevention: Some teachers preyed upon students during the COVID-19 shutdown [Web log post]. Retrieved from https://www.nsba.org/ASBJ/2021/october/consequences-and-prevention

M. Hudgins, personal communication, July 19, 2022

Taton, C. (2020, January 6). Sex with students: Why more Texas teachers are getting caught. Click2Houston.com. Retrieved from https://www.click2houston.com/news/2018/11/13/sex-with-students-why-more-texas-teachers-are-getting-caught/

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