It seems each year that one or two cases of an inappropriate relationship between a teacher and a student comes to light. Given that virtually everyone in America goes through school, whether public or private, the fact that only a handful of cases occur each year is an indication of just how infrequently these types of relationships actually happen. Nevertheless, the media likes to sensationalize these stories, which, in turn, alters the public's perception into believing that this is a bigger and more prevalent social issue than it truly is. The result: political pressure to create laws banning conduct that is already illegal and efforts to keep it from happening in the first place (which is almost never).
Consequently, several jurisdictions have begun enacting laws prohibiting teachers from having any interaction with their students via social media sites like Facebook, Myspace, and Twitter. The thought is that limiting contact via these platforms will prevent predatory teachers from having direct contact with their students outside the observation of school administrators and other students. The reality: these laws will likely be unconstitutional impairments of the teachers' and students' First Amendment rights to free speech and the right to assemble. Moreover, they are an absurd overreaction to a virtual non-issue in society and likely to be completely ineffectual. After all, while laws against interaction on social media may keep teachers from communicating openly with students online, there is little means of policing private interactions until after an incident has occurred, nor would such a law have any impact on the interaction between the teacher and the student in person (which would, after all, be simpler in most respects).
Of course, those personal interactions are being regulated increasingly by harsher and more unnecessary laws against physical interactions between students and teachers, as well. For instance, virtually every jurisdiction abolished spanking which was, until the 1980's, a staple of school discipline. Since then, rules have continued to tighten down on student/teacher interactions, so that now activities that would once have been considered nurturing are illegal, such as patting a student on the back or giving a hug. Teachers who violate these rules are subject to immediate termination and possible criminal prosecution.
In reality, the interactions the public seeks to prevent are already illegal activity. Sexual interactions between adults and minors are illegal everywhere in the United States, regardless of whether the adult is a teacher or someone off the street. Despite the existence of these laws, inappropriate relationships still occur between adults and minors with alarming regularity, demonstrating that such laws do little to curtail this behavior. So, adding additional such laws and penalties that only apply to teachers, a group that is exceptionally visible and easily caught when and if such misconduct occurs, is probably an example of overreaction and unnecessary legislation. Indeed, the vast majority of teachers have zero interest in carrying on any form of relationship with their students outside of the classroom, particularly a romantic one. In fact, many teachers take great pains to avoid bumping into their students outside of the classroom.
Consequently, while political pressure leads to the implementation of additional laws against inappropriate teacher/student relationships, the reality is that these relationships are few and far between. Such laws constitute more of an encroachment upon the individuals' constitutional rights than a valid mechanism by which to prevent interactions between adults and minors. In reality, the only solution is to better police existing laws rather than attempting to implement new ones to target groups that are actually far less likely to commit such crimes.
Nevertheless, if you have been accused of an inappropriate relationship with one of your students, you should immediately seek legal assistance. Such allegations can not only have serious consequences for your current job, they can make future employment virtually impossible to obtain and leave a black stain on your reputation. These cases can also find their way into the media, resulting in your conviction in the court of public opinion long before an actual trial. An attorney may be able to help you avoid some of that exposure and create both legal defenses and counterclaims against any student who may have wrongfully accused you of misconduct, or at the very least, help create a strategy to minimize the damage such charges can do to your life.
Copyright HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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