Improper Teacher / Student Relationships Defense in Texas

Are you under investigation for an alleged improper teacher-student relationship?

Have your or a loved one already been arrested?

Not only is your job at stake, but your freedom and reputation are on the line too considering the ferocity with which the media and courts pursue these types of sex offense cases.

Sex crime defense attorney Neal Davis defends school employees in Harris County, Montgomery County, Fort Bend County and throughout Texas.

Sex crimes involving improper relationships between educators and students have recently been called an “epidemic” in Texas, which some experts attribute to the rise of social media platforms like Facebook, Instagram, Snapchat and text messaging that permits extended communication between teachers and students outside of a classroom setting.

One survey found that Texas had more cases improper teacher-student relationships reported by the media than any other state in the nation. The Texas Education Agency (TEA) reports that allegations of improper teacher-student relationships are on the rise – with 188 cases investigated in 2015 alone.

In 2016, the TEA launched 222 investigations of teachers having inappropriate relationships with students, hitting an 8-year high and an increase of 42 percent over the last five years. Around 60 teachers in the Houston area’s biggest school districts lost their teaching license due to impropriety with a student.

While it is clear that students must be better protected in the American school system from adult misconduct, it is also true that teachers and school employees must be protected from false allegations and publicized investigations that can cripple a person’s career and lead to unjust punishments.

Texas has some of the toughest improper relationship laws in the nation. Most states prosecute educators who have engaged in inappropriate sexual relations with a student under their statutory rape laws. However, in 2003, Texas enacted a specific improper relationship statute regarding teachers and all students (even students over the age of 17), making it a felony offense. This law was expanded in 2011 to include not only students who attend the teacher’s school, but also students who are enrolled at any school in the educator’s district.

Unless there’s real strong evidence of a teacher trading sex for grades or using improper influence, then it’s a statute that is really open to abuse,” says Houston defense attorney Dick DeGuerin.

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Sec. 21.12 of the Texas Penal Code states that any employee of a public or private elementary, middle or high school commits a sex crime if they engage in “sexual contact, sexual intercourse, or deviate sexual intercourse” with:

• a person who is enrolled in a public or private primary or secondary school at which the employee works;
• a person who is enrolled in a public primary or secondary school in the same school district as the school at which the employee works; or
• a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school.

It’s worth mentioning that Texas law on improper relationships applies applies not only to teachers, but all school district employees – including janitors, coaches, principals, counselors and superintendents.

Also, Texas improper relationship law applies at all times (not just during school hours), anywhere in Texas (not just on campus or school property) and regardless of the student’s age or consent. That means even if the student is 18 years old and the sex is consensual, the teacher can still be charged with a felony if they are employed at the same primary school, secondary school or district as the student.

A criminal offense under this section of law is a second-degree felony in the state of Texas, meaning those convicted can be sentenced to 2-20 years in prison and a fine of up to $10,000 – even first-time offenders.

Improper relationships between educator and student is not currently listed as a “reportable conviction or adjudication” under Article 62.001(5) of the Code of Criminal Procedure, and therefore those convicted of this offense typically do not have to register as a sex offender unless otherwise ruled by the court. However, efforts have been made to close this loophole.

• Lockhart High School science teacher Sarah M. Fowlkes, age 27, was arrested and suspended from her job for alleged illicit contact with a 17-year-old student. Police claim their communication was of a sexual nature.
• In Montgomery County, 37-year-old Conroe ISD police officer Christopher Sutton had a sexual relationship with an 18-year-old student at the district’s Caney Creek High School until a 25-year-old man named Brian Ortiz, who also had a relationship with the student, threatened to turn Sutton in for violating improper relationship law. It was then discovered that Ortiz, a Conroe high school football referee, was subject to the same law. Both Sutton and Ortiz were charged with felonies.

• Former Aldine ISD teacher Alexandria Vera, age 24, was sentenced to 10 years in prison for having a sexual relationship with a 13-year-old student. The boy’s family knew of their relationship and approved. A supportive letter from the boy’s mother was even read in court prior to sentencing.
• Houston ISD substitute teacher Pete Hernandez was charged with three counts of indecency with a child after allegedly engaging in “inappropriate conduct” with three students at Looscan Elementary School. A Wisdom High School ISD teacher was also arrested recently and formally charged by the Harris County District Attorney’s Office for having an improper relationship with a student.