Defining appropriate professional boundaries with students

Teachers are perceived as role models in the community, and the laws and regulations that mandate appropriate standards of conduct reflect that expectation. Failure to comply with these standards can lead to adverse employment action, certification sanctions and even criminal consequences.

Sexual relationships with students

Sexual contact or indecent exposure with a minor is a felony that requires the perpetrator to register as a sex offender. Moreover, it is a felony for a teacher to engage in a sexual relationship with a student, even if that student is of the legal age of consent. This prohibition was expanded during the 2011 legislative session to include most students not enrolled at the same school as the teacher. The Legislature has also implemented a new requirement that school districts must complete an investigation into allegations of educator misconduct, even if the educator resigns from the school district. The State Board for Educator Certification (SBEC) will permanently revoke the teaching certificate of an individual who has been found to have engaged in sexual conduct or a romantic relationship with a student or minor, regardless of age or enrollment status in the district.

Solicitation of a sexual or romantic relationship with a student can result in adverse employment action and certificate sanctions, even if the relationship is not ultimately consummated. Educators should take care to avoid situations in which professional boundaries become poorly defined. Inviting students to your home, meeting them for social activities that are not school sponsored, or developing a personal relationship with a student can create the perception of inappropriate conduct and should be avoided in the absence of a previously existing social relationship with the student.

Solicitation of a romantic relationship

SBEC may sanction the teaching certificate of an individual who has engaged in deliberate or repeated acts that can be reasonably interpreted as soliciting a sexual or romantic relationship. Prohibited acts include, but are not limited to:

  • Communications tending to show that the educator solicited a romantic relationship with the student;
  • Making inappropriate comments about a student’s body;
  • Making sexually demeaning comments to a student;
  • Making comments about a student’s potential sexual performance;
  • Requesting details of a student’s sexual history;
  • Requesting a date;
  • Engaging in conversations regarding the sexual problems, preferences, or fantasies of either party;
  • Inappropriate hugging, kissing or excessive touching;
  • Suggesting that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage; and
  • Providing the student with drugs or alcohol.

19 TAC § 249.14

Use of electronic media and social networking

School districts have begun to adopt employment policies that extend standards of conduct to use of electronic media and social networking sites, and SBEC has adopted changes to the Code of Ethics that impose limitations on such communications. Educators are held to the same standards of conduct in their use of electronic media and social networking as for any other public communication. Many districts have adopted policies specifying that teachers may communicate with their own children and their children’s friends using personal social networking sites, but may not do so with current or former students with whom there is no separate social relationship.

Some districts have begun adopting policies that designate specific individuals who may send text messages to students and placing time limitations on when educators may communicate with students.

All communications with students or minors, whether electronic or face-to-face, should be professional and appropriate.

An educator who believes that any student or minor may be a victim of sexual abuse is required to make a report to the Texas Department of Family and Protective Services within 48 hours of the time that the educator became aware of the possibility of the abuse. This responsibility may not be delegated to someone else and failure to make the required report is a criminal offense. For more information, see Child abuse or neglect.

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