My new case

[richalisoviejo]

Inappropriate Relationship with a student?

A first-year High School teacher faces up to 20 years in jail after an 18-year-old student told police he had sex with the 25-year-old woman several times at her apartment.

The teacher, who taught Spanish and was a cross-country coach, is charged with having an improper relationship with a student, a second-degree felony. She was arrested on May 01.

According to an arrest warrant affidavit, another student sent an anonymous note last month to the teachers resource police officer that indicated the teachers cellphone contained "intimate" text messages to and from the 18-year-old.

When police interviewed the teacher at the school, she allowed them to view the text messages.

"Messages that were on there led us to believe there was a little bit more going on between the teacher and this student”.

In an affidavit, a police officer said the messages "constitute a flirtatious and endearing relationship" between the teacher and the student.

While the teacher denied having a physical or sexual relationship with the teen, she told police she felt their relationship was inappropriate, police said.

When interviewed at home, however, the student gave police a written statement in which he said he and the teacher had sex on "numerous occasions" at her apartment. He told police their alleged relationship began in February.

The teacher was charged under a law that outlaws sexual relationships between educators and students even if the sex is consensual and the student is of legal age.

Proponents of the law have said it sends the message that even older teenagers should not be considered capable of consenting to sex with a teacher, especially since educators have power over their students.
Curious, Inasmuch as both parties were consenting adults, I do you think the state may criminalize their alleged sexual relationship?

 

[Isa]

Intersting case Rich,
Do you think they go a bit too far since the student is 18 and the teacher 25 and since she did not force him to do anything? 20 years of jail? it sounds a bit too much in my opinion.

 

[bettinge]

18 Years old is an adult! Period. She broke a school policy, and should not have to pay with anything more than her job. Even loosing her job is too much punishment in my opinion.
When I was 18 I wanted to be treated like an adult. Now that I have neices and nephews that are 18, I treat them like adults.

 

[Stazz]

Oh gosh it really is good to have you back Rich - I'm sure loads of other forum friends will agree with me that we missed your case stories Very interesting - I disagree with the serious punishment, but I also believe the teacher should have known better.But 20years, thats a very long time!!!!! The 18year old should be treated as an adult, I agree.

 

[Laura]

I agree.. too harsh.. punished.. yes.. but maybe not even loose her job.. Probation.. change school...
Of course, if more info comes out that she did pressure him some way for grades or something..
no case is cut and dry..
Is this kid a shy one or the football jock? case by case... varies greatly..

 

[Itort]

My question is would this law apply to a college professor and a student (both of which are adults) or is just aimed at secondary school systems ? All parties in this case show at a lack of discrition and that is it.

 

[richalisoviejo]

CHAPTER 21. SEXUAL OFFENSES

§ 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 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 and who is not the employee's spouse.

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

(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.

Your all pretty much right. The teacher's conduct if she did engage in sexual relations with an 18 year old student who was attending the school where she taught was probably "unethical" and would probably warrant professional discipline and termination of employment.

Nevertheless, the law is unconstitutional as applied in this case to criminalize the alleged sexual relations between two consenting adults. Under the reasoning set forth in Lawrence v. Texas, that the State may not, consistent with the Constitution criminalize sexual conduct between two consenting adults. The Constitution is the Supreme Law.

Citation of authority;

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-102

 

[Candy]

Teachers agree to certain regulations by accepting a credential from the state and by signing a contract with their school district. State and federal courts have supported the validity of behavior requirements as terms of employment within reason. The teacher in this case, as it has been so far presented, clearly violated these areas of her employment agreement with the school district, and therefore deserves to lose her job, on the basis of her choices and actions. The responsibility for this is hers. Most likely, she has also violated clauses within the credential issued by the state, and therefore should probably lose her credential to teach in this state. Again the choices were hers as is the responsibility for her actions. Both the state and the school district also bear a responsibilty to the citizens, parents and the children under their care. It is not the state's responibility to know whether this is a case of bad judgement or a continuing behavioral problem. I do not agree that, as presented the teacher is guiltly of criminal behavior, because as you point out the statue is in violation of certain constitutional rights and past rulings on such.

 

[richalisoviejo]

Teachers agree to certain regulations by accepting a credential from the state and by signing a contract with their school district. State and federal courts have supported the validity of behavior requirements as terms of employment within reason. The teacher in this case, as it has been so far presented, clearly violated these areas of her employment agreement with the school district, and therefore deserves to lose her job, on the basis of her choices and actions. The responsibility for this is hers. Most likely, she has also violated clauses within the credential issued by the state, and therefore should probably lose her credential to teach in this state. Again the choices were hers as is the responsibility for her actions. Both the state and the school district also bear a responsibilty to the citizens, parents and the children under their care. It is not the state's responibility to know whether this is a case of bad judgement or a continuing behavioral problem. I do not agree that, as presented the teacher is guiltly of criminal behavior, because as you point out the statue is in violation of certain constitutional rights and past rulings on such.

Very well put Candy. The teacher was both immature and unprofessional. She should have done her growing up before she accepted a teaching job.

 

[desertsss]

All I know is if I had an 18 year old who had a relationship with a teacher I would freak out. Inappropriate on so many levels. I agree 18 is an adult, but, I mean, obviously the kid still in school, high school most likely. I really don't think at any age you are adult until you graduate and live on your own. Just because there is so much about life you have yet to experience or learn. Not talking for every 18 year old in high school, but just my opinion.
The teacher definitely in the wrong. If she wanted to start a relationship with him, just "casual" or serious, she should have waited until he graduated. It wouldn't have been that long of a wait.
Sorry if sounds like I am venting, but so many problems have occured in peoples lives due to this exact type of situation. Unnecessary and easily avoided. Maybe teachers shouldn't be hired under the age of 30 or something so there is a bigger age barrier. I am sure we are all familiar with the Pam Smart case.
Not saying your case is like that rich, but as a parent it seems the safest place for your children to be are either at home or at school. You don't USUALLY expect anything weird to come from those two places.
Except with friends, which you can only monitor so much.
I don't know, just with all the underage acts that have gone on between teachers and students...this isn't that far off just because the student was 18.
Like I said though, just venting.
In the end, I do think 20 years is way too much since he was legal. If he was 17 though, I would probably have to agree with the 20 years.

---

lol, and I am mostly a liberal.

 

[Candy]

I think sometimes Desertsss people don't think beyond their own rights and that's when it becomes a problem. When we send our children to school we should expect the highest level of professionalism. I have to wonder if people think before they defend the rights of this teacher. My first thought would be not of the teacher, but of my child 18 or not. Your right that most 18 year olds are considered adults, but very few know the true meaning or responsibility of that. And one more question that should be asked is what is that teacher teaching the other students while she is flirting with yours?