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Teacher/Student Relationships: Where to Draw the Lines

By: Anita Setnor Byer and Martin Salcedo, Esq.

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Sexual misconduct and sexual abuse of minors within the primary school system is no longer news. Despite our collective repulsion, we are still confounded by its presence and dismayed by our inability to keep our youth safe from the transgressions of those who educate them. After years of professionally crafted zero-tolerance programs that have included training and monitoring, sexual misconduct continues, and a select few within the school system continue to compromise our children.

Debra LaFave, Mary Kay Letourneau, and the many others who have abused our children do so despite a system that strictly prohibits such behavior. Additionally, the complex relationship between the educator and the student, which should be one of trust, reliance, and obedience, makes students highly susceptible to manipulation. Some students even believe their "relationship" with a teacher is consensual and that they are willing participants.

So can a school manage such horrific events, given that no amount of training or policy has, to date, eliminated these deliberate acts? Yes: Schools must build environments and standards of behavior that not only eliminate the triggers of improper conduct but also illuminate its existence.

Teachers do not need to be taught that an intimate relationship with a minor is illegal or even inappropriate. Such knowledge is presumed. Rather, administrators need to adopt policy and training that:

  • summarize the conduct that school administrators expect of all school personnel and the actions to be taken if suspicious behaviors are observed;
  • identify the behavioral signs that indicate a child is uncomfortable with a school employee's conduct;
  • characterize four types of behavioral triggers that create risks for school employees;
  • list general rules of behavior that help avoid claims of misconduct;
  • recognize personality traits and motivating factors that lead to inappropriate relationships;
  • analyze actions by asking peer-observation and self-policing questions that help detect potentially inappropriate behaviors; and
  • describe the criminal, civil, and ethical consequences of inappropriate behavior.


However, despite the relative ease with which such training programs can be implemented, some school districts have been reluctant to do so out of fear of increasing their liability exposure. This view stems from judicial opinions that limit the scope of a school district's liability for teacher-student sexual abuse under Title IX. However, schools relying on this protection, which requires actual knowledge of an event, do so at their own peril because courts may grow to be less tolerant of deliberate ignorance. Additionally, alternative theories of liability, such as negligent hiring, negligent retention, and negligent supervision, are still available to victims.

In any event, many believe that refusing to intervene for fear of being found liable is reprehensible. Schools are supposed to be safe havens, places where students can learn, grow, and develop without fear of being victimized. The consequences of improper conduct between students and educators, or even the threat of such conduct, can be devastating. Victims may suffer permanent damage.

So what topics should teacher training on sexual misconduct address?

Touching: Clearly there should never be any touching in the "bathing suit zone."

Dress/Appearance: Dressing to impress, to look younger, or to fit in may be one of the most common triggers that dissolve the barrier between teacher and student.

One-on-One Meetings: Should teachers ever spend time alone with a student behind closed doors? What limits should be placed on a teacher's contact with a student outside of school?

Self-Policing: What can teachers do to make sure that their conduct does not contribute to a blurring of the lines between teacher and student? Are teachers unconsciously engaging in flirtatious behavior? Are after-school meetings with students really necessary?

Peer-Observation: What role should teachers take in observing their peers and reporting inappropriate conduct? What are some warning signs teachers should look for in their colleagues' behavior? To whom should they report complaints of questionable conduct?

This type of training can be implemented quickly and easily through teacher orientation presentations, teacher certification classes, or online courses. As is usually the case, the cost of preventing improper intimate conduct is significantly less than the cost of dealing with the consequences of actual abuse.









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