Allegations of inappropriate conduct and improper teacher/student relationships are serious matters that can have profound legal and professional consequences.
Teachers and school administrators facing such accusations must secure an experienced criminal defense attorney to protect their rights and navigate the complexities of the legal system.
Recently, three Fort Bend Elementary school administrators were placed on leave in November due to misconduct allegations. Fort Bend Independent School District officials have confirmed that an investigation is ongoing, though they have withheld many details, causing concern among families within the district.
According to ABC13 Houston, Fort Bend ISD did issue a statement recently about Quail Valley Elementary.
“Allegations of inappropriate conduct by a Quail Valley Elementary School staff member were immediately investigated by the district,” the statement said, “and the staff member was placed on administrative leave.”
The school district did not say what kind of inappropriate conduct had been alleged.
Soon after that statement was made, the district said the staff member had resigned from Fort Bend ISD.
The school district also has said it is investigating administrators at Colony Bend Elementary and Goodman Elementary.
The district first announced allegations and investigations in an email sent to parents in early November.
An email sent to Colony Bend Elementary School parents said the district had recently learned of allegations of misconduct and immediately began an investigation.
The executive director of elementary schools, Ida Ford, wrote that “Fidel Wells, the former principal of Seguin Elementary School, will serve as the campus administrator until an interim is named if needed.”
The district has declined to comment further –either to the news media or to parents–about the allegations, including their nature and who has been accused of misconduct.
Texas cracks down on teacher, school staff misconduct
Although it’s not yet known what occurred to spark the investigations at Fort Bend ISD, we do know that Texas schools are focusing on the problem of misconduct by teachers or other school employees.
Though the duty of the schools is to protect their students, the legal system also has a duty to persons who are accused of misconduct–perhaps unfairly. In society, not all such claims are true, and every person has a constitutional right to due process and to being considered innocent until proven guilty.
One frequent allegation facing teachers in Texas schools today is inappropriate sexual misconduct with a student.
Any such improper relationship with a student can lead to criminal charges. And upon conviction of some charges, a person can face up to 20 years in prison and a fine of up to $10,000.
Indeed, Texas has some of the toughest laws on improper teacher-student relationships in America.
A majority of other states prosecute educators who have engaged in inappropriate sexual relations with a student under their state’s statutory rape laws. But Texas enacted a specific improper relationship statute in 2003 regarding even when the student is above the legal age of consent, which is 17, and had a consensual relationship with the teacher.
In Texas, that is a second-degree felony offense, with punishments that include two to 20 years in a state prison, a fine of as much as $10,000, or both. And even with a minimum sentence, a teacher would surely lose their career and face public condemnation.
Such cases also can get intense media scrutiny and draw outcries via social media.
That same social media has been noted as contributing to what has been called an epidemic of improper relationships between teachers and students in Texas. In fact, one survey showed that Texas has had more cases of improper teacher-student relationships reported by the news media than any other state in the country.
Some experts have attributed this epidemic to the rise of social media platforms such as Instagram, Snapchat and Facebook, as well as the widely common practice of text messaging. These things all enable extended communication between teachers and students beyond the setting of a classroom–not to mention the fact that the communication online can be one-on-one.
Can you go to prison for sharing sex videos with a teen?
The answer is yes, although the severity of the charge depends on the individual circumstances of the case and the state in which it occurred.
Defenses against claims of improper student relationships
However, there are defenses against claims of improper teacher-student relationships in Texas. And any person who is unjustly accused can find help by getting the best criminal defense lawyer they can find.
A skilled and knowledgeable teacher-student misconduct defense attorney can start by questioning the evidence of a sexual relationship. Such a defense lawyer also may find possible ulterior motives that the alleged victim might have had toward the defendant–motives which may have led to a false accusation of a sex crime, perhaps as a retaliatory move for bad grades.
Texas statute 21.12 also provides two affirmative defenses for teachers who have been charged with having an inappropriate relationship with a student.
Under this law, a sex offense has not occurred if the relationship was between two consenting adults (the teacher and a student who is at least 18, the age of majority) and one of these statements is true:
- The educator was less than three years older than the enrolled student and they had a preexisting relationship before the defendant worked at the school or in the district.
- The teacher was the spouse of the person enrolled at the school.
Other defenses also are possible, depending on the circumstances of the case.
But keep in mind that the burden of proof lies with prosecutors. They must prove “beyond a reasonable doubt” that the teacher or school employee acted with criminal intent and engaged in sexual contact with the student.
Also know that Texas sex crime laws on misconduct or inappropriate teacher-student relationships only apply to teachers or students in primary and secondary schools.
Colleges and universities have their own guidelines about such relationships, often informed by the federal law known as Title IX. Improper relationships on the college level are not seen as a criminal offense in Texas.
Get a defense lawyer for Houston, Fort Bend County
Persons whose loved one faces a claim, accusation, allegation or charge of improper conduct with a student in Houston, Fort Bend County, Montgomery County, or Galveston County should contact the Neal Davis Law Firm for help.
Our award-winning law firm is experienced in defending the legal rights of persons accused of this crime and others. Contact us today to arrange a confidential consultation for your case.
