Teacher and student relationship laws

Teachers and sexual relationships with students aged 16+ | The Sexual Offences Handbook

teacher and student relationship laws

Unit 3: The Teacher/Student Relationship. In Pennsylvania, school attendance is compulsory and thus parents are mandated to entrust their children to our. Laws on sexual harassment in the education setting should prohibit all sexual relationships between teachers and students in the same educational institution. In this lesson, we will examine the ethical and legal ramifications of a teacher and student getting involved in an inappropriate relationship.

teacher and student relationship laws

A sexual relationship between someone who is in a position of trust and a person to whom that trust extends, is criminal. The Act amended the law in relation to position of trust offences. It enacted the following offences: Of course, 18 year olds can still be at school which raises the issue of whether that protection should extend beyond the age of Where a student has a September birthday and so is aged 18 for most of their final year of school they are afforded less protection than a student with an August birthday who will have left school before turning The behaviour The offences are concerned with a range of behaviour, not just intercourse.

Upon a conviction for one of these offences, an offender will be subject to the notification requirements under the Act and is liable to disqualification from working with children.

There can be no confusion that Parliament views this behaviour as extremely serious. When there is proof that a sexual relationship exists and the student is a minor, a crime exists under RA and consent is not a defense.

But what if there is no PDA in school, no proof of illicit or sexual relations, and there is mutual consent between two adults who are both single? In the case of Evelyn Chua Qua v. Clave, the female teacher who had a relationship with her year-old student and eventually married the latter, the Supreme Court ruled that she was illegally dismissed on the ground of immorality.

The Supreme Court said that to constitute immorality, the totality of circumstances of each particular case must be holistically considered and evaluated in the light of prevailing norms of conduct and the applicable law. Immorality is a factual question that should be determined in the circumstances surrounding every case and cannot simply be presumed. This is because student-teacher interaction is no longer limited in-campus. They now interact in social media and beyond school hours.

And when both the student and the teacher belong to the same generation and their age difference is irrelevant, the moral ascendancy or influence can no longer be presumed especially when they interact not as such students and teachers but simply, as persons.

teacher and student relationship laws

Feelings of attraction and admiration among them are almost inevitable. But even when such relationships are almost always equated with indecency and attended by immorality, it is also not impossible that true love may still exist in student-teacher relationships. As they say, people fall in love with the most unexpected person at the most unexpected time.

And they have been happily married since.

Teacher-student love affair | The Manila Times Online

In the event, nothing was ever said, but it made me think. We're in a different situation these days.

teacher and student relationship laws

Last week, it was the turn of Christopher Reen, a classroom supervisor who became the fifth member of staff in three years at his school to face criminal charges over a sexual relationship with a pupil. In both cases, mobile phone text messages — allegedly, in the case of Reen and a year-old pupil at Headlands school in Bridlington, Yorkshire, more than of them — were submitted in court as evidence of the offence.

But behind these headline-grabbing scandals lies a more mundane reality for teachers today, which, while it cannot excuse such incidents, may perhaps go part of the way to explaining them: Once upon a time, teachers simply did not exist outside school.

There was a fixed distance; a clear definition of roles; lines that should not and, more often than not, could not be crossed. Now, contact outside the classroom is not only easier but, in many schools, actively encouraged — school web portals on which teachers and students can upload and download assignments, email each other questions and answers, post announcements and sometimes even chat in real time, are increasingly becoming the norm.

teacher and student relationship laws

That fixed distance is shortening; those old boundaries — between professional and private, home and school, formal and informal — are blurring.

It has been illegal in Britain since for a teacher to engage in sexual activity with any pupil at their school under the age of But despite a recent YouGov survey of 2, adults claiming that one in six people know someone who had an "intimate relationship" with a teacher while at school, teachers stress that the number of cases that ever go as far as court is tiny, and the number that end up in a conviction tinier still.

The NASUWT says it deals with about allegations of misconduct against its members each year, but only five or six involving inappropriate sexual contact most concern alleged physical abuse. As obviously inexcusable as they are, however, some teachers feel the intense media and public focus on a small number of high-profile cases such as those of Goddard and Reen — or, to take two more, Jenine Saville-King, a Watford teaching assistant cleared two years ago of sexual activity after exchanging pages of MSN messages in three months and text messages in four days with a year-old pupil, and Madeleine Martin, a religious education teacher from Manchester, who this month admitted an eight-day affair with a year-old boy from her school whom she first arranged to meet on Facebook — may be missing a much broader point.

teacher and student relationship laws

That's always happened, and I imagine it always will. Electronic media certainly gives greater access. But while it may also give the illusion of creating a private space, it's also written evidence. There is definitely an issue here, though. Electronic communication is different.

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And while schools are creating web portals and actively encouraging online contact between staff and pupils, there are all sorts of guidelines warning us never ever to use Facebook with students, or to give out our personal mobile phone numbers or email addresses. The trouble is, it's very easy for the lines to get blurred.

  • Zero-tolerance for Teacher-Student Sexual Relations
  • Blurred boundaries for teachers

Public and private space get muddied. So what do you do?

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You don't want to risk losing the kids, so you give them your own mobile number. And once that's happened, once a number is out there. And emails, too; I've sent personal emails to sixth-formers wishing them luck with their exam the next day.