Establishing Boundaries For Staff/Student Relationships�

Policy 7120

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Purpose

1. Protect students
2. Protect staff members
3. Introduce staff to Policy 7120
4. Ensure a common understanding of “professional boundaries” and potential consequences for violating them
5. Identify risk behaviors that may lead to inappropriate relationships
6. Learn when and how to intervene and report when observing others crossing boundaries

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Boundary Relationship of Other Professions

• Doctor-Patient
• Lawyer-Client
• Therapist-Client

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These professions require hours of ethics and boundary training, both prior to practice and as part of continued education.

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How would you describe the power differential in these relationships?

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How are teachers any different?

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Role of Staff Members with Students

• Guide
• Direct
• Support
• Inspire
• Provide understanding

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WITHIN APPROPRIATE AND PROFESSIONAL BOUNDARIES!

Relationships Matter

• Student-Teacher relationships are important for:
• Student motivation
• Intellectual development
• Achievement
• A safe classroom environment
• Many studies show that better teacher-student relationships positively impact learning, behavior and attendance in school (Arthur and Wilson, 2010; Gerard and See, 2011).

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Boundaries Without a Relationship

Relationships Without Boundaries

Examples of Boundary-less Relationships with Students:

• The science teacher who keeps pregnancy tests in his drawer in case in students ever needed one
• The soccer coach who tells his players “call me anytime, even at midnight if you’re ever struggling.”
• The art teacher who notices a particular student’s drawings are full of dark and suicidal themes who then invites the student to stay after class and talk about his feelings on a regular basis.
• The English teacher who learns through the student’s journal of his parents’ impending divorce and tries to help the student by talking about his recent divorce and how it’s not easy for anyone.

And More Examples…

• The English teacher who lets kids hang out in her classroom during other classes, Facebook chats with them because she just wants to let them know they’re liked and supported, and goes to movies with them to help them understand not all teachers are mean.
• The PE teacher who connected with his students through bantering, and at times, bantering with sexual innuendo and flirtatious comments (until one day he asked one of his students to show him her breasts)
• The Spanish teacher who talked to his female students about his crush on the tour director during a tour of Spain, and asking them to be his liaison for his romantic advances toward her

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Consequences For Crossing Professional Boundaries

• A student’s perspective of appropriate staff/student relationships and trust in adults is compromised.
• Parent and community trust in school staff and the education system as a whole is damaged.
• Co-workers are impacted by the negative publicity and discord resulting from a peer’s inappropriate conduct.
• Liability for the resulting harm to a student may be placed on the organization and the staff member responsible for the misconduct.
• And last, the staff member may face disciplinary action or termination from employment, licensure action if a licensed educator, and criminal charges depending on the nature of the violation.

Code of Conduct/Policy 7120

• USBE requires every district to establish a Code of Conduct for all staff members
• This includes:
• professional staff,
• support staff,
• full-time,
• part-time,
• permanent,
• temporary,
• provisional,
• contract, and
• volunteers who spend significant unsupervised time alone with students

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Overview of Code of Conduct

1. Avoid boundary violations with students.
2. Never abuse a student
3. All communication must be professional
4. Respect student’s person/physical space
5. Never discriminate based on protected characteristics
6. Always report suspected misconduct or abuse

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Weber’s Code of Conduct (Policy 7120)

• Boundary Violation is defined as:
• any behavior which crosses the line verbally, physically, emotionally, or socially that a staff member must maintain between themselves and a student in order to ensure structure, security, and predictability in the educational environment.
• It is conduct that does not have a legitimate educational purpose and may potentially abuse the staff/student relationship.

Policy 7120, cont.

• Identifies specific behaviors which, absent extenuating circumstances, are boundary violations and should be avoided by school staff.
• Each staff member is responsible for becoming familiar with and complying with this Policy.
• Failure to comply with this Policy may result in disciplinary action, up to and including termination.

Breaking it Down

Meeting with Students in Isolation

• Avoid
• Meeting with students in rooms with covered or blocked windows
• Sitting or riding alone in a vehicle with a student
• Isolated, one-on-one interactions with students out of line of sight of others
• Intentionally being alone with a student on campus or away from school

*Some staff members must meet with students in isolation at times (ie, administrators and counselors). Whenever possible, have a second person with you or keep the door open

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• This will protect you from false allegations or assumptions as well as protecting the student.

Preferential Treatment

• Preferential treatment includes:
• Giving students gifts (*see Policy 7120 for more on this)
• Special favors
• Taking a student to lunch to talk about life
• Inviting a student to your home
• Regularly writing notes to a student
• Hanging out with a student or group of students outside of school

Preferential Treatment, cont.

• Often, it is the student who is seeking targeted attention. The student may need a confidant, friend, or surrogate parent.
• There are still lines to be drawn even when caring for these kids!
• When a student seeks attention that is beyond the parameters of staff/student relationship, it is the staff member’s duty to establish clear boundaries.
• Be kind, but firm.

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Preferential Treatment, cont.

• Example: A student begins to hang out regularly after class and share the difficulties of divorcing parents. Things are so bad at home, the student asks if he could just go home with you, or at least just text you if he needs to. Do you:
1. Tell the student about your own marital problems.
2. Say to the student, “Sure, pal, whatever you need.”
3. Say, “I’m worried about you, and I’ll do what I can to help , but I can’t be your parent or even your pal. But I know people who can help. If you trust me, trust me to put you in touch with people you can talk to.” and refer the student to an administrator or guidance counselor.
4. Tell the student, “Stop talking right now. I can’t be a part of this. This is too personal. Go away.”

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Preferential Treatment, cont.

• NOTE: If a staff member believes a student’s well-being is at risk, state law requires a school employee to notify the student’s parents without delay. If it appears the student is being abused or neglected, reports concerns to DCFS or law enforcement.

Preferential Treatment, cont.

• Sometimes, it’s the staff member that is seeking the relationship to fulfill the staff member’s own needs
• A staff member struggling with personal problems may find the attention and admiration bestowed by a student provides needed emotional comfort. Being the favorite teacher or coach that every students come to brings with it sense or empowerment and fulfillment. The staff member may not even realize the personal motivation behind his actions.
• Recognize where you may be susceptible.

Holy Educator Relationship Mantra

Be Friendly, Don’t Be Friends

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Teach, Don’t Treat

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Inspire, Don’t Save

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Physical Interactions

• General rules:
• Avoid touching in a way that makes a reasonable objective student feel uncomfortable
• Avoid physical contact that is unnecessary and unrelated to the performance of professional responsibilities

Physical Interactions, cont.

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• A teacher’s aid in a high school asked a student to remove himself from her chair so that she could begin working at her computer. When the student wouldn’t comply, the teacher’s aid sat on the high school student’s lap and began working at her computer. The student found the aid’s conduct amusing, but other students in the class immediately recognized the inappropriateness of the behavior and recorded the incident on his phone. He then posted a video of the interaction on the internet, and before long, the unprofessional conduct “went viral.”

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Examples of inappropriate physical interactions:

• Front hugs (when initiated by the staff member)
• A student sitting on a staff member’s lap
• A staff member sitting on a student’s lap
• Massaging a student
• Requesting or allowing a student to give a massage to a staff member
• Uninvited touching or
• Unnecessary physical contact with a student in either public or a private situation

Physical Interactions, cont.

• Another example of “too much touch” involves managing unruly students.
• Unreasonable or unnecessary physical restraint is prohibited by both Utah law and Weber District Policy 5400.
• Staff members are encouraged to review Policy 5400 “Restraint and Seclusion Policy” and the state law on physical restraint, found at Utah Code 53G-8-302.
• Seek MANDT training or other de-escalation training to help you avoid needing to put hands on a student.

Appropriate Physical Contact

• Maintaining professional boundaries does not mean there can never be physical contact of any type between a staff member and student.

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• Examples of appropriate physical contact include:
• pats on the back or shoulder;
• side hugs;
• handshakes;
• high fives;
• Physical escort to guide a student to another location; or
• Physical restraint in emergency situations where the student is a danger to himself or others 

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Rules About Abuse—physical, verbal, sexual, or mental

• If, in interactions with a student, a staff member suspects a student is being subjected to any type of abuse, or is suffering from neglect, the staff member has a legal obligation to report the suspicion to either law enforcement of DCFS.

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• This includes when another staff member is the individual suspected of abusing the student.

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• When making a report of suspected abuse, Policy of 7120 requires that staff members notify law enforcement or DCFS and also inform school administration of any suspicion of child abuse and your report.

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Communication

• Having a trusted adult at school results in a more productive environment, and being friendly towards students is important.

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• HOWEVER, being a student’s BFF is not appropriate.

Communication, cont.

• While developing personal relationships may foster a warm and trusting learning environment, staff members must be diligent in creating clear boundaries to avoid becoming a student’s friend, surrogate parent, confidant, or romantic or sexual interest.

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• Staff members must maintain professional relationships with students in all interactions whether on or off duty and on or off school property, including in the use of electronic communications and social media.

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Communication, cont.

• There are two areas of communication that staff members must be careful about:
1. The mode of communication
2. The content of the communication

Mode of Communication

• Policy 7120 prohibits the following mode of communication with students:
• Texting students through any personal application or program that is not a district-approved and controlled communication application or program, such as Google text
• Connecting with students through any social media platform unless the connection is part of a class program
• Communicating verbal by any telecommunication device, if the communication is not for a legitimate educational purpose

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Percent of sexual misconduct involving students that began through cybercommunication:

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100

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Nature of Communication--�Policy 7120 prohibits:

• Any written communication—including text, email, letter, and/or social networking—that is of a personal nature or is not related to school or a school-sponsored activity for which the staff member is an advisor

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• Discussing the staff member’s own personal problems, or intimate issues with a student, such as, but not limited to, the staff member’s marital problems, struggles at home with children, job frustrations or dating stories

Examples of Teacher-Student Text Messages Investigated by UPAPC:

• “I know I’m not supposed to have favorites, but whatever, you’re totally my favorite.”
• “You looked cute in that pink shirt today.”
• Selfie of topless male teacher (demonstrating that he was totally out of shape)
• “Love you”
• “I guess you’ll just have to wait until June…”
• “Even though our relationship isn’t a textbook connection, I love it.”

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Additional communications which cross boundaries:

• Seeking emotional involvement with a student for the staff member’s benefit
• Counseling a student (if you are not a school counselor or psychologist) about non-school personal issues without written parent permission
• Becoming involved with a student so that a reasonable person may suspect inappropriate behavior

Communication, cont.

• If the student initiates the behavior or communication that is beyond professional boundaries, it is your responsibility as a staff member to stop the behavior and clearly identify appropriate boundaries for the student.

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• If the student persists, you should inform and seek the involvement of parents and administration.

Sexual Conduct

• Sexual conduct is defined any sexual contact or communication between a staff member and a student including but not limited to sexual abuse, sexual battery, and sharing sexually explicit or lewd communication, image, or photograph.

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Policy 7120 prohibits any sexual conduct toward or sexual relations with a student including but not limited to:

• viewing with a student, or allowing a student to view, pornography or any other sexually explicit or inappropriate images or content, whether video, audio, print, text, or other format;
• requesting sexually explicit (including nude or semi-nude) images of students;
• engaging in communication with the student about sexual matters, including, but not limited to, the student’s sexual experiences with a boyfriend or girlfriend, the staff member’s sexual experiences, or either staff member’s or student’s sexual thoughts, desires, or fantasies; or
• sexual battery

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Sexual conduct, cont.

• Sexual conduct of any kind between a staff member and a student is strictly prohibited.

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• The age of the student is irrelevant. The prohibitions apply whether the student is 8 or 18.

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• Likewise, consent is irrelevant. A student’s consent to participate in sexual conduct does not make it any more acceptable.

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Sexual conduct, even in jest, is clearly a boundary violation.

• This includes behaviors such as:
• Telling risqué jokes or stories to, or in the presence of, a student;
• Making or adding to sexually-inappropriate comments;
• Sharing with or allowing a student to view any sexually explicit, pornographic, lewd, or otherwise inappropriate, image, photograph, or communication whether video, audio, print, text, or other format.

Sexual Conduct, cont.

• Sexual abuse and sexual battery are clearly prohibited.

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• Sexual battery means: touching, whether or not through clothing and regardless of the gender, a student’s genital area, buttocks, or female breasts, or otherwise taking indecent liberties.

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Sexual Conduct, cont.

• There may even be times when the student is the one who initiates the inappropriate conduct. However, a student’s consent or even initiation of sexual conduct does not make it acceptable.

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• It is the responsibility of the staff member to stop the behavior. Firmly tell the student the behavior is unacceptable and not to do it again. Involve administration and parents if necessary to firmly establish appropriate boundaries

Must Report!

• You must report known violations of boundary violations, inappropriate physical or sexual conduct, inappropriate communication, discriminatory conduct, and any issues related to controlled substances.

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• You may gain knowledge of violations through personal observation, from conversations with students or colleagues, or parents, or even from overhearing conversations of others.

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• Per Policy 7120, report the conduct to your administrator. If your administrator is involved in the violation, report to the Director of Human Resources

Boundaries erode little by little…

• Not a single case I investigated involved an educator who woke up one day and said, “I’m going to teach school so I can get it on with my students.”

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It’s a gradual slope!

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It’s not always this guy…

Sometimes it’s THIS guy (or gal)

Exit Ticket