Kyle Di Campli

EDL 562

Introduction

The topic deals with inappropriate teacher behaviors that cross the boundaries of a positive
student-teacher relationship. It includes how to foresee, prevent, and deal with teachers who
cross the line of an appropriate student-teacher relationship. This will discuss how to recognize
grooming behaviors and how to educate children from an early age what are and what are not
acceptable teacher behaviors. Additionally, the legal issues will be discussed with the proper
way to handle them.

Scenario

Seth Stevens is a 29-year-old high school Geometry teacher who is married with two kids. Mr.
Stevens has been teaching Geometry at El Ranchito High School ever since he graduated from
college seven years ago. He is an effective educator who knows his subject matter very well.
Mr. Stevens also coaches the football team that always has a winning record and a lot of
student, faculty and community support. His fellow teachers, the administration and the
community respect and support him. After school football practice takes place on the football
field from 2:30-4:00. Likewise, cheerleading practice takes place at the same place and time.
The captain of the cheerleading squad is Cindy Valenzuela, who despite being a senior in high
school, failed Algebra as a freshman and again as a sophomore, she passed it as a junior and
now she is in Geometry. Now in her final year at El Ranchito H.S., she is taking Mr. Stevens
Geometry class and she knows that she needs to pass it in order to graduate. Cindy is a very
attractive 18-year-old who is often told that she looks older than she is. She is also very social,
flirty, and knows how to use her good looks to get what she wants or to get out of trouble.

Mr. Stevens, who has always found Cindy very attractive, is well aware of the fact that she
needs to pass Geometry in order to graduate at the end of the year. Mr. Stevens begins to
groom Cindy. He pays special attention to her during class, frequently stopping by her desk to
give her individual attention. Cindy simply just does not understand Geometry and fears that
she will fail the class and not graduate when the school year culminates. Mr. Stevens gives his
phone number and personal email to Cindy and tells her that she can call or email him if she
needs additional help. While at football practice, he often walks over to Cindy and asks how
she is doing. He tells her that she is a really great cheerleader and that she should become a
model. Cindy blushes when she receives compliments from Mr. Stevens.

As the semester progresses, Cindy realizes that her grade of a 45% F is not improving. As
each day passes she becomes more and more worried that she will not graduate. One night,
Cindy decides to send a text message to her Math teach Mr. Stevens. It reads, Mr. Stevens, I
dont know what to do, I know Im not going to pass your class and then I wont graduate. Mr.
Stevens quickly replies via text, Im not at home right now, but if you want you can meet me at
Applebees at 9:00 and I can help you with Math. She agrees to meet him later and gathers
her books and materials. The two meet up at the restaurant and Cindy brings her books inside.
Mr. Stevens tells her that it doesnt look like she is going to pass his Geometry class and thus,
she wont graduate on time either. He tells her, I might be able to help you out as he winks at
her and touches her hand. Although, the Geometry book stays open, there is no tutoring going
on. During the 1 hours they spend at the restaurant, Mr. Stevens orders ten beers, allowing
Cindy to drink six of them. When they leave the restaurant, Cindy tells Mr. Stevens that she
feels intoxicated. She continues to say Oh, Mr. Stevens, youre so cute. Both intoxicated, the
Geometry teacher asks Cindy if she would like to earn some extra credit right now and winks at
her. He tells her that the extra credit would be enough to bring her grade up to a B, and
that she would pass the class and she would graduate on time. The two drive down the street
to a Motel 6, and engage in sexual activity.

When school resumed on Monday, Cindy went to school very nervous. All day, she was biting
her fingernails and she looked very worried. Her best friend Stephanie asks Cindy whats wrong.
Cindy confides in her best friend and tells her everything and particularly what she did with Mr.
Stevens, her Geometry teacher. She makes Stephanie promise not to tell anyone. However,
Stephanie is incapable of holding a secret and before the school day ended, the whole school
including some teachers had heard the rumor. One student in particular, Jos Martnez, who
had heard the rumor, told his English Teacher Mrs. Molina what he had heard about Mr.
Stevens and Cindy Valenzuela. Mrs. Molina went and told the principal of what she had heard.

Summary of the Law:

Generally, the Education Law requires that a report be made through a chain of command
within the school and ultimately to law enforcement. The Social Service Law mandates that the
school report to the State Central Registrar, which then notifies Child Protective Services, when
the school has reasonable cause to suspect abuse. (HodsunRuss Attorneys) The majority of
court cases that attack school district acts or omissions involves the reasonable cause
standard. There is not a great definition of reasonable cause out there. The courts review
the facts of each case on an individual basis. As a good general rule, however, if the school feels
that there is a need to investigate, they should. The school district has reasonable cause to
suspect, and it must comply with its mandatory duty to report. The potential awkward nature
of investigating a colleague should not prevent the school from diligently examining the facts
and circumstances of any allegations, rumors, or claims. Courts and juries will not tolerate such
a hesitancy, particularly in light of the immunity school officials have when they make good-
faith reports of suspected abuse. (HodsunRuss Attorneys) The school has to take action
because they could be held liable and the liability issue far outweighs any potential reputation
damage that the teacher could face. This is particularly true if the school does not investigate
and the claims turn out to be true. The school district would then be in some hot water to
say the least.

When should an investigation be initiated? All cases of suspected child abuse must be
reported to the states child protection agency or the police. (ARS-13-3620) (Shoop, 2004)
However, what if the school just simply doesnt have enough information. There are three
general circumstances in which the school should conduct its own investigation: (1) when it
appears that there is something wrong, but the school does not have enough information to
determine whether the behavior was inappropriate; (2) when there is an allegation of
inappropriate behavior, but it does not appear to constitute child abuse; or (3) when the school
believes that an educator may have behaved unprofessionally, but there is not enough
evidence to indicate that a state law has been violated. (Shoop, 2004) There are five separate
ways that allegations of sexual exploitation may come to attention of the school principal. This
could be a formal complaint, an informal complaint, an abuse that was observed, an observed
behavior that is suspicious, and rumors or reports made anonymously. The first three are
placing the schools on notice, and at that time the school must either report the suspected
abuse to the state child protection agency or conduct an investigation. (Shoop, 2004) Even
though a teacher may not receive discipline based on rumors or an anonymous report, the
principal should make himself well aware of the situation, heightening his or her scrutiny of the
accused. The principal should re-educate all staff and students regarding school policy and
acceptable and unacceptable behaviors. If the district fails to initiate an investigation, they put
themselves at risk that the abuse actually occurred. After the rumors, complaints or anything
else that leads a district to conduct an investigation, the question becomes when should the
educator be removed from contact with students? This is one important decision that has to be
made regarding what to do with the employee during the investigation. In making this
decision, the school must balance the rights of the employee, who may be erroneously accused
of sexual misconduct, with its duty to protect the student from harm. (Shoop, 2004) In this
particular case where it has been rumored and that a teacher told the principal of the possible
scenario, the school has a duty to remove the teacher from any contact from students. If the
complaint involves sexual intimidation, inappropriate contact, stalking, sexual propositions, or
sexual contact, the school has a duty to remove the educator from contact with students.
(Shoop, 2004) After an investigation has been concluded, a report should be written which
summarizes all of the information gathered and it should provide a clear statement of the
investigations results. Both parties should be informed of the results of the investigation. The
tree possible outcomes of an investigation are that (1) the allegation is confirmed, (2) the
allegation is refuted, or (3) the allegation cannot be confirmed or refuted. (Shoop, 2004) If the
allegation is confirmed, the teacher must be punished. Likewise, if the allegation is refuted, the
student should be punished. It is crucial that once started, the district should complete their
investigation. In many cases, an educator who has been accused will resign while still under
investigation. It would be a serious mistake for the school district not to continue the
investigation. The school has a duty to find out what happened and provide assistance to any
victims of abuse. Also, the school must not do anything to conceal the fact that the teacher
resigned while under investigation.

When a teacher or staff is hired at a school, they have to sign certain policy agreements. A
policy prohibiting sexual exploitation should specifically describe inappropriate behaviors and
make it clear that no form of sexual exploitation will be tolerated. Having a policy and
disseminating it widely documents that the school district has taken reasonable steps to
prevent sexual exploitation and will take prompt and effective action to investigate any
complaints. (Shoop, 2004) The policy should state the differences between appropriate and
inappropriate student-teacher interactions and should include a sexual exploitation reporting
procedure. The policy needs to conform to federal and state laws.

Sexual exploitation is not simply immoral and unethical, it is against the law. In 1974, the U.S.
federal government enacted the Child Abuse and Neglect Prevention and Treatment Act
(CAPTA). CAPTA provides a minimal definition of child abuse and neglect that states must
incorporate in their statutory definitions. The Act defines abuse or neglect as any action r
inaction of a parent or a caretaker that results in death, serious physical or emotional harm,
sexual abuse, or exploitation. Additionally, all educators are mandatory reporters. In a case
where there is reported inappropriate teacher-student behaviors, any educator who knows of it
must report it to either the police of a state agency such as Child Protective Services, here in
Arizona.

What are the consequences if the teacher is found guilty? The teachers name is posted on a
national listing of sex offenders. In some states, the teachers state teaching license will be
automatically revoked, in others only suspended. (Manos, 2004) Once a teacher is found
guilty of a felony, school districts will terminate all employment obligations, and state boards of
education will suspend the teachers teaching and rights to any retirement pay. (Manos, 2004)



Context:

How have we come to have laws in each state meant for protecting children? The answer is quite
simple. We, as the school district, the school, and as the educator need to protect our children.
Throughout many years there has been case after case reported that a school district failed to
protect a student in many ways. It is our job as educators to protect children when they are in
our care. Unfortunately, there have been copious reports of inappropriate teacher-student
relationships. Thus, now states have specific laws about such occurrences and school districts
have policies that each staff member needs to sign. A.R.S. 13-3620 Reporting to law
enforcement or child protective services: A.R.S. 13-3620 mandates that certain professionals
report suspected child abuse to the proper authorities. Among these professionals are nurses,
psychologists, social workers, counselors, school personnel or any other person having
responsibility for the care or treatment of children. This includes, at least, all teachers and
administrators. (A.R.S. 13-3620) A.R.S. 13-3620 generally states that any person who
reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse,
sexual abuse, sexual conduct with a minor, sexual assault, molestation, sexual exploitation of a
minor, incest, child prostitution or neglect that appears to have been inflicted on the minor by
other than accidental means shall immediately report this information, or cause reports to be
made, to a peace officer or child protective services in the department of economic security. All
certified individuals (including teachers and administrators) and all governing board members in the
state of Arizona are required to report pursuant to A.R.S. 15-514(A). A.R.S. 15-514(A) states that
a report must be made when an individual reasonably suspects or receives a reasonable
allegation that a person certificated by the State Board of Education has engaged in conduct
involving minors that would be subject to the reporting requirements of A.R.S. 13-3620. That
conduct includes, but is not limited to, the following: sexual abuse, sexual conduct with a minor,
sexual assault, molestation, sexual exploitation of a minor, incest, child prostitution, abuse or
physical neglect which appears to have been inflicted on that minor by other than accidental
means or any act that may have resulted in the death of a child. We have torts of liability that
have been put in place to determine if a given school district is negligent. We have many child
abuse laws for the protection of our children. These child abuse laws extend to the classroom
because unfortunately many educators and other staff members have crossed the line when it
comes to appropriate teacher-student interactions. Now, at the beginning of each school year,
all staff is required to be talked to about mandatory reporting. This is usually a PowerPoint
presentation that everyone must watch and then sign an agreement to report if necessary.
These laws are for the protection of our students and to show what appropriate staff behaviors
are.

Analysis:

In the scenario I have created, the law works both proactively and reactively. It is proactive in
that the state mandates that schools communicate to its employees what are and what are not
appropriate behaviors between students and teachers. Additionally, it is proactive when it
comes to mandatory reporting. In my scenario, Mrs. Molina would have been a mandatory
reporter. After that report was made, an investigation would have followed which would find
Mr. Stevens guilty of inappropriate teacher-student relationship. He would have been fired, his
teaching certificate would have been revoked, he would have to register as a sex offender (if he
ever gets out of prison), and he would be negated the opportunity to work with children in the
future. This would protect children from Mr. Stevens. However, in my particular scenario, the
laws that will be put into place are after the fact. Nothing will be done to undo the emotional
damage the Cindy Valenzuela will probably suffer. There are many cases similar to this where
teachers engage themselves in behaviors with students that are not appropriate. I think that
teachers and staff should be taught on how to recognize grooming behaviors so that cases like
this could possibly be prevented in the future. Furthermore, students should receive age-
appropriate training on what is and what is not an appropriate teacher-student relationship. If
the aforementioned recommendations would be put into effect, I believe we would have fewer
of these teacher misconduct cases.

Conclusion

In this scenario, a mandatory report should be made. Following the report, an investigation
should occur. During the investigation, Mr. Stevens should not be allowed to have any contact
with any students. Mr. Stevens should then be relieved of his teaching and coaching
responsibilities after the report has been finalized. His teaching certificate will be revoked, his
fingerprint clearance card should be revoked as well, and he would then need to register
himself as a sex-offender. Additionally he will have to go to court to see the fate of his future
which varies a lot in similar court cases around the nation.

I would like to suggest a few changes in the law that would help to protect instances like this
from reoccurring. I would like to take proactive measures in preventing inappropriate
behaviors by teachers. I would like to see the teachers have more training on what are
appropriate and what are inappropriate student-teacher interactions. I dont believe that
viewing a thirty-minute PowerPoint presentation, where most of the teachers dont even pay
attention, is enough to fully show these teachers what can constitute an inappropriate behavior.
The same goes for mandatory reporting. Teachers sign the agreement after watching the
PowerPoint presentation but many of them never report things when they should. I would like
the law to mandate that the school districts discuss the topic with all employees each quarter
to constantly remind them and inform them of what they need to do and what they dont need
to get involved in. I would like to see a law that teaches children from a young age what
appropriate and inappropriate behaviors between students and teachers look like, and what
they can do if they ever feel uncomfortable with a certain teacher. Additionally, I believe that
educators who have had problems in the past, and who have resigned, have been able to go
to other districts and districts in other states and find a teaching position. I would like the law
to enforce an in-depth background check on employees, fully screening them before even
calling them for an interview.














References

Hodson, Russ (2009). Student-Teacher Relationships: Whats a School to Do? Buffalo Law Journal.
Retrieved from
http://www.hodgsonruss.com/Home/Practice_Areas/Alphabetical_Listing/Torts/Alerts/StudentTea
cherRelationshipsWhatsASchoolToDo

Shoop, Robert J. Sexual Exploitation in Schools. Thousand Oaks: Corwin Press, 2004. Print

Manos, Mary A. Rumors, Lies, and Whispers. Westport: Praeger Publishers, 2004. Print

A.R.S. 13-3620 and A.R.S. 15-514.