Working with Inappropriate Student / Teacher Relationships by Ashley De Luna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq Legal and Ethical Principles en-us 2022-06-13 11:50:02 UTC 2022-07-15 16:32:24 UTC hello@padlet.com DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219446055 Inappropriate student/teacher relationships are becoming more prevalent across the nation.  As a 3rd grade teacher in an elementary school in Galveston County, cases are continuously being investigated around Clear Creek Independent School District (CCISD). As a future school counselor, this topic is important to me as information is necessary to inform all stakeholders about the dangers and/or possible warning signs of an inappropriate relationship. 
This information will be provided to all faculty and parents, as the legal side is vital in understanding their rights.]]> 2022-06-13 11:56:33 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219446055 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219446584 In an interview with a practicing Texas school counselor in CCISD, questions regarding inappropriate student teacher relationships were discussed.
This issue regarding inappropriate student/teacher relationships is important as it is an ongoing topic around the nation and still seems to not be going away. This continuously impacts the field of counseling as students and teachers build appropriate relationships but could turn out to be more if ethical practices are not established. This liability risk could ruin the district's reputation, as a consistent implementation of policies may not be established. 

Best Practices for Addressing Inappropriate Student/Teacher Relationships:
-understand what constitutes an inappropriate relationship
-review and implement your district's policies
-ensure your district's personnel are properly trained.

She mentions that she never had to deal with this topic before but has heard of it from other counselors. She said one of the biggest things to keep in mind when dealing with a case regarding inappropriate relationships is that the teacher will be in the wrong regardless of if the student was a willing participant. She mentions how we as educators sign paperwork regarding this very topic, and how CCISD has strict rules against relationships with minors. She also mentions all counselors teach lessons in the classroom regarding inappropriate relationships and what to do if this happens. The big take-away is that if a student is a willing participant in the relationship, the teacher will be charged as the student is still considered a minor. 

Kelly Rullman is a Certified Texas School Counselor in Webster, Texas, currently serving an intermediate school in Clear Creek Independent School District in Galveston County. She has been a practicing school counselor for 16 years, the first 12 being in Pasadena, Texas, and the last 3 with CCISD. She previously taught 1st grade for four years before she began her counseling career. 

Home - Brookside Intermediate (ccisd.net)]]> 2022-06-13 11:57:16 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219446584 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219446865 The information provided by the Texas Association of School Boards (TASB) proves to be beneficial as it provides resources for all stakeholders on ways to implement best practices regarding inappropriate relationships and provides links and information regarding resources that can be helpful in implementing a program for the district.

References
Searcy, C. (2021). Best practices for addressing inappropriate employee-to-student relationships. TASB Risk Fund. https://www.tasbrmf.org/TASB/media/TASBRMF/RM-Documents/Risk%20Solutions/InappropriateRelationships.pdf?ext=.pdf

]]> 2022-06-13 11:57:36 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219446865 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219447234 Hable (2022) discusses a powerful cultural dialogue of the #MeToo movement, where the severity of sexual assault is brought to life, yet certain victims go unnoticed.

- male students sexually assaulted by female teachers are mischaracterized and minimized.
- 32% of employees in the K-12 setting that conducted sexual misconduct against students were female.
- gendered sentencing disparities are noted among these particular relationships.
- harms and lasting psychological damage on male students are discussed, with ways to lower cases and incidences.

Link:
IN A CLASS OF ITS OWN: A STATUTORY SOLUTION FOR THE GENDERED SENTENCING DIS...: U-Search (angelo.edu)

References
Hable, G. (2022). In a class of its own: A statutory solution for the gendered sentencing disparity in teacher-student sexual assault. Arizona Law Review, 64(2), 543–570.]]> 2022-06-13 11:57:53 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219447234 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219447487 Russell et al. (2022) discusses reports of sexual relationships between teachers and students and how they are on the rise across the nation. District school policies in Nevada are examined to determine existing policies and policy reform is suggested.

- The Texas Education Agency reports a 249% increase in inappropriate student teacher relationships in the past decade.
- This increase in inappropriate relationships could be from the lack of research evidence contributing to assessing school district and state level laws and policies.
- Literature should be provided by districts prohibiting any inappropriate relationships between educators and students.
- Newly-hired teachers are more likely to engage in inappropriate sexual relationships with students, as district level policies may not be made clear to those entering the profession.
- School districts have policies in place with general sexual harassment and student harassment but are not explicit with clear boundaries.

Link
School District Policies Regarding Appropriate Teacher-Student Relationship...: U-Search (angelo.edu)

References
Russell, K. N., Burnham, M. M., Trescher, S. A., & Knoche, V. A. (2022). School district policies regarding appropriate teacher-student relationships: What’s missing and what matters? Current Issues in Education, 23(1), 1–26. https://doi-org.easydb.angelo.edu/10.14507/cie.vol23iss1.2027

]]> 2022-06-13 11:58:14 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219447487 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219447894 The Clear Creek Independent School District's Employee Handbook for the 21-22 school year includes a Code of Ethics which mentions enforceable standards regarding ethical conduct towards students. Standard 3.6 states "The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor" (Clear Creek Independent School District, 2021, p. 45).

References
Clear Creek Independent School District. (2021). CCISD Employee Handbook. [PDF Document]. Webster, TX: Clear Creek Independent School District.

]]> 2022-06-13 11:58:46 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219447894 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219448239 Section A of the 2014 ACA Code of Ethics discusses the counseling relationship with clients, fostering growth and development (American Counseling Association, 2014). Section A.5.a. states counselors are prohibited from any sexual/romantic counselor-client interactions or relationships with clients, their romantic partners, or family members, either online or in person (American Counseling Association, 2014).

Link:
2014 Code of Ethics.indd (counseling.org)

References:
American Counseling Association. (2014). 2014 ACA code of ethics. https://www.counseling.org/resources/aca-code-of-ethics.pdf

]]> 2022-06-13 11:59:13 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219448239 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219448833 Texas counselors have been given a variety of guidelines and law to assist them in how to deal with inappropriate teacher/student relationships and ethical guidelines to utilize if uncertain about how to handle a situation. The application of these laws is vital in order to understand what different laws established look like and mean for each source of law. Counselors have extensive ethical guidelines to utilize when working with clients and their guardians.
The laws presented in this Padlet show policies and rules set by both federal and state levels, using court cases, codes, and legislation to set forth rules teachers and faculty to abide by. Federal, State, local, and district guidelines are implemented and created for avoidance of issues such as inappropriate teacher/student relationships. It is up to the faculty of the school to brush up on their laws and policies regarding this issue on a yearly basis in order to avoid being prosecuted. This goes not only for this legal issue presented, but for any rules set forth as an adult working with students in a school setting.]]> 2022-06-13 11:59:37 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219448833 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219449242 The following list are best practices or recommendations for compliance for prevention and avoidance of inappropriate teacher/student relationships:

- understand what constitutes an inappropriate relationship.

- review and continuously implement your district's policies. Employee to student sexual harassment should be discussed as well as a chance for employee feedback on trainings they would like to attend. This should be done annually (Searcy, 2021).

- teach employees about the reporting requirements. They have a timeframe when they should report to avoid liability and criminal penalties (Searcy, 2021).

-Create awareness for staff and students. Informed stakeholders are the best defense against inappropriate teacher/student relationships. Staff should know what to look for and how to respond. Assemblies or classes can be created for students that are age-appropriate and explains sexual misconduct and identification of harassment and assault (Searcy, 2021).

- stakeholders should be made aware of laws and regulations in place for inappropriate teacher student relationships.

- ensure stakeholders understand the penalties which could be accrued if compliance is not in place, including fines, loss of certification, jail time, etc.



References
Searcy, C. (2021). Best practices for addressing inappropriate employee-to-student relationships. TASB Risk Fund. https://www.tasbrmf.org/TASB/media/TASBRMF/RM-Documents/Risk%20Solutions/InappropriateRelationships.pdf?ext=.pdf]]> 2022-06-13 11:59:59 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219449242 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219449859 State Administrative Law:
The Texas Administrative Code requires that:
- each postsecondary educational institution shall make its policy on sexual harassment, sexual assault, dating violence, and stalking available to students, faculty, and staff members by including the policy in the student handbook and personnel handbook or the institution's equivalent and creating and maintaining a web page dedicated solely to the policy that is easily accessible through a clearly identifiable link on the institution's homepage. (19 Tex. Admin. Code § 3.4).

Link
 ​​Texas Administrative Code (state.tx.us)
References
19 Tex. Admin. Code § 3.4 (2020).

]]> 2022-06-13 12:00:39 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219449859 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219449944 Federal Judicial Law:
In Franklin v. Gwinnett County Public Schools et. al. (1992), the Supreme Court ruled:
-students who were victims of sexual harassment had the right to seek monetary damages from their school, as their civil rights are violated.

-this is important as Title IX laws in place could be violated through inappropriate student teacher relationships, and compensation could be awarded through negligence of a school or district.

Link
 ​Franklin v. Gwinnett County Public Schools :: 503 U.S. 60 (1992) :: Justia US Supreme Court Center
References
Franklin v. Gwinnett County Public Schools et. al., 

503 U.S. 60 (1992).

]]> 2022-06-13 12:00:45 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219449944 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219450167 Federal Statutory Law:
Any person who is aware of instances of inappropriate relations between a student and teacher shall be fined or imprisoned based on Title 18 section 2258 of the United States Code (18 USC § 2258).

-if someone learns facts of suspected child abuse and fails to make a timely report, fines and imprisonment could ensue of not exceeding one year.
-this is part of the Victims of Child Abuse Act of 1990, which improves services for victims of child abuse as well as the prevention, reporting, investigation, and prosecution of such cases (United States Department of Justice, 1990).

Link
18 USC 2258: Failure to report child abuse (house.gov)
References
18 U.S.C. § 2258. (1990).
United States Department of Justice. (1990). Title II: Victims of child abuse act of 1990. https://www.ojp.gov/ncjrs/virtual-library/abstracts/title-ii-victims-child-abuse-act-1990

]]> 2022-06-13 12:01:03 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219450167 DeAmazonianLuna https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219451397 State Constitutional Law:
A crime victim has rights through section 30 of the Texas Constitution. This is a broad protection and is under the Texas Bill of Rights.

-the victim has the right to fairness, dignity and privacy.
-the victim has rights to information about the conviction, sentence, imprisonment, and release of the accused.
-the state has the right to enforce the rights of the crime victim.

Link
 THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS
References
Tex. Const. art. I, § 30.]]> 2022-06-13 12:02:32 UTC https://padlet.com/DeAmazonianLuna/pl8nt50jt1oop1jq/wish/2219451397