Labor & Employment Law

Teacher terminated for voluntary relationship with former student

Teacher terminated for voluntary relationship with former student

Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors.typepad.com:80/adjunctprofs/

Lehto v. Board of Education, ___A.2d____(Delaware Dec. 2, 2008), Download 175-2008.pdf is an important Education Law decision coming out of the Supreme Court of Delaware. A 34-year-old male teacher's discharge for having a voluntary sexual relationship with a 17-year-old former student was upheld. The basis for the discharge was "immorality." The court found the teacher guilty even though the student was age 17 and no crime was committed, the student did not attend the same school district as the teacher and the affair started after the student left the school. The Court found that there was a nexus to work because the affair was initiated in the school environment when the student picked up her younger sibling from the school that Respondent taught in.

Wow! Is this a stretch! While this teacher's morals may not been the same as mine, who is the court to judge him?? By all accounts the relationship was voluntary and had nothing to do with the school. If the teacher had an affair with a child's 34-year-old mother would he have been charged?? No, and that makes my point.

I realize others may disagree.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on December 12, 2008 (boomark / email).