Yes, it is illegal for a teacher to engage in an improper relationship with a student in Texas under Texas Penal Code 21.12. Educator-student abuse arises when a teacher violates the rights of a student, their safety, or their well-being.
Examples of educator-student abuse may include, but are not limited to:
- Unfair academic treatment;
- Discrimination;
- Excessive corporal punishment;
- Sexual harassment.
In addition, the majority of students in school are younger than the legal age of consent for engaging in sexual activity of any kind. This can lead to additional criminal charges for a perpetrator.
What Is Considered Abuse of a Student?
If a teacher violates the rights of a student or endangers their safety or well-being, it is considered abuse. These issues are taken very seriously in Texas.
Students leave their homes each day to attend school and are exposed to numerous new situations and experiences. Because of this, parents have to be aware of what is occurring while their children are away from them.
In Texas, schools must make all reasonable efforts to keep students safe. Texas schools are responsible for monitoring the students’ environment to ensure it is a safe one.
The danger, unfortunately, may come from teachers in certain cases. There are state and federal laws that regulate the standards under which teachers have to conduct themselves.
A teacher who violates these educational standards may be subject to criminal and civil penalties.
Is an Improper Educator-Student Relationship Charge the Same as Criminal Sexual Abuse?
No, an improper educator-student relationship charge is not the same as criminal sexual abuse. Criminal sexual abuse occurs when an individual makes sexual contact with the intent to humiliate, abuse, harass, or arouse sexual desire.
Victims of criminal sexual abuse may be adults, whereas the improper educator-student relationship law is limited to protecting children who attend elementary, middle, or high school.
What Are Some Examples of Teacher-Student Abuse?
Abuse of a student may come in many different forms and may involve circumstances that are not necessarily physically abusive, for example:
- Physical, emotional, or sexual harassment of a child;
- Verbal abuse;
- Excessive or unauthorized use of corporal punishment or physical force;
- Discrimination based on protected categories, including:
- Race;
- Gender;
- Disability;
One major issue with student abuse by a teacher is that many times, young students are not aware that they are being abused.
Is It Illegal to Keep Students After the Bell?
There are no laws that prohibit keeping a student in the classroom after the bell rings. The policies and regulations of a particular school may specify rules regarding the bell and what it means for students.
A teacher dismisses students from class, not a bell. A bell is simply used as a timekeeper. The teacher is responsible for the safety of the students in their classroom.
Examples of how school bells may function include, but may not be limited to:
- A first bell indicates there are a few minutes before the next class begins;
- A second bell may be used to indicate that time is running out;
- A final bell may be used to indicate that the next class is starting.
In the perfect scenario, the bell and the teacher work together. However, this is not always the case for a variety of reasons, which may cause a teacher to hold students after the bell because:
- They ran out of time for their lesson;
- They need to make an announcement;
- They want to punish the entire class.
It is important to note that a teacher cannot physically restrain or injure a student in specific medical or dangerous situations, such as:
- Stopping the students from leaving the room in the event of an active shooter;
- Holding a student when they are having a seizure.
In addition, teachers cannot legally prevent students from leaving the classroom. It is not illegal, however, to keep a student after the bell rings.
The right of a student to leave the classroom is protected under various abuse laws, which provide students with the right to:
- Leave to use the restroom;
- Have time for each lunch or have time to purchase a school lunch and eat it;
- Leave the classroom to visit the nurse or for medical care.
A school will usually respect a teacher’s decision to hold students late after a class. When students are in school, teachers act as de facto guardians and have almost the same rights as the children’s parents.
What Is an Improper Educator-Student Relationship Charge?
Under Texas law, it is illegal for a teacher to engage in a sexual relationship with a student. In addition, the law forbids a private or public employee working at a primary or secondary school from having sexual contact with a student.
What Does Texas Consider to Be Sexual Contact?
In Texas, sexual contact is defined as contact between a teacher and a student with the intent to gratify or arouse the sexual desire of the victim by touching their intimate areas, such as their genitals.
What’s the Punishment for Having an Improper Relationship With a Student?
If an individual is convicted of an improper relationship between an educator and a student, they will be convicted of a second-degree felony. In Texas, a second-degree felony is punishable by 2 to 20 years in prison and criminal fines of up to $10,000.
Are There Any Defenses Available to Me to Fight This Charge?
Yes, there may be valid defenses available to fight this charge. For example, if the teacher was not more than three years older than the student and the time of the relationship.
Another defense would be if the teacher and the student were married at the time the relationship occurred.
What Should I Do if My Child Was Mistreated at School?
If an individual believes their child was mistreated at school by a teacher or educational worker, there are several steps they can take, including:
- Contacting the school officials and the school board immediately;
- Understanding the school’s regulations and policies regarding teacher conduct;
- Demanding that the school district investigate the alleged incident;
- If necessary, file for an investigation with a government agency; and
- Filing a private civil lawsuit.
If an incident occurs at school, the parent should immediately notify the board and schedule a meeting as soon as possible so it remains fresh in the student’s mind. In addition, delaying the notification of authorities regarding an incident can have a negative effect on a future claim.
Next, the individual should request that the school district conduct an investigation and provide their findings in writing. It may also be possible to file a complaint against a teacher with their school district for harassment.
If the school board cannot or does not provide an adequate solution to the issue, an individual may need to file a complaint with a government agency, for example, the Department of Education. The department will investigate the alleged abuse and will prescribe corrective measures if they are necessary.
If an individual does not obtain a satisfactory outcome using these methods, they can file a private civil lawsuit to recover for any harm or loss suffered. In some cases, an individual will be required to file a claim with a government agency before filing a lawsuit.
Depending on the circumstances of the case, criminal charges may also be filed. If an individual has any questions regarding the proper steps to take, they should consult with a local Texas attorney.
Should I Talk to a Lawyer About My Case?
If you believe your child may have been a victim of an improper educator-student relationship or you have been a victim, you should consult with a Texas criminal lawyer immediately. Your lawyer will help you determine the proper course of action and what remedies may be available to you.
If you have been charged with an improper educator-student relationship, it is essential to consult with your lawyer as soon as possible to ensure your rights are protected. Your lawyer will advise you of the punishments you may face, negotiate with the prosecution on your behalf, and protect your rights throughout the process.
