Law Against Teachers Dating Students

Law Against Teachers Dating Students




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Beyond legal trouble, most teachers are prohibited from dating students in their employment contracts . And even if not, doing so is usually considered unethical in the teaching profession . This means that just the claim of an inappropriate relationship can get a teacher fired and/or get a student suspended .
In April 2012, California lawmakers rejected Assembly Bill 1861, a bill that would have made it a felony for teachers to date their students . It also would have stripped offenders of their pension and retiree health care benefits . The law was opposed by the California Federation of Teachers and ACLU .
"I thought it's common sense that teachers shouldn't date students . But apparently some educators need regulations to remind themselves not to cross boundaries," a Weibo user commented (in Chinese) . Others called for the rules to be applied in universities as well, arguing that even if a student is old enough to legally be able to consent to a relationship with an adult, it's still unethical for professors and students to date because of their power imbalance .
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The law is there to protect - no adult man or woman falls in love with a 13-15 year old child, they become fascinated, obsessed or they are a sexual deviant . The law stops teachers from taking advantage of students and tries to eliminate such things as 'sex for grades' arrangements .
My office has represented teachers charged with dating "former students " that are now "18" . The prosecution uses the theory that when you met, under the law "the actor had supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status ."
Still, experts with different positions on student -faculty dating advise against adopting any kind of timeline for dating former students . No Sunset Provisions Andrew T . Miltenberg, a lawyer who's represented professors in numerous Title IX-related cases, said he hadn't heard of any "sunset-type" provision in which faculty members can't date former students for a given period of time .
A professor is in a position of authority over a student , whether or not he or she is that student's teacher or supervisor, which makes any dating arrangement tricky at best . Ultimately, if the two are consenting adults (there's no scenario where it's OK for a high school teacher to date a current student ), there's not much anyone can do to prevent them from pursuing a romantic relationship .
Both federal and state law strictly regulates the standards by which a teacher is required to conduct themselves . Any teacher that violates educational standards may be subject to civil and criminal penalties . Although it is not extremely common for teachers to abuse students , it does happen more often than most individuals realize .
5 . Punishing Students : It is not that offensive for teachers to give friendly punishments for students who are not following the lessons regularly, scoring low in tests, coming late for class, lack of discipline and more . However, the laws are in favour of students when teachers tend to cross the limit in punishing the students .
Under N .C . Gen . Stat . Ann . Sec . 1 4-27 .7 if a public or private school teacher , administrator, student teacher , school safety officer, or coach engages in vaginal intercourse or a sexual act with a student , at any time during or after the time the defendant and victim were present together in the school where the adult is employed and the student goes to school, the defendant is guilty of a class G felony . The same penalty applies to other school employees, so long as they are at least four . . .
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