Full Version: Teacher arrested for inappropriate relationship
According to this article:
Basically, two consenting adults of legal age had a physical relationship, yet one faces prison time.
Questions for debate:
1. Should this teacher be prosecuted for a felony?
2. When does the legal age of consent not matter?
QUOTE
Amy McElhenney, a Spanish teacher and cross-country coach, was charged with having an improper relationship with a student. The second-degree felony is punishable by up to 20 years in prison.
Basically, two consenting adults of legal age had a physical relationship, yet one faces prison time.
Questions for debate:
1. Should this teacher be prosecuted for a felony?
2. When does the legal age of consent not matter?
Of course, this has nothing to do with debate topic, but, well, here is a photo. Just for info. 
1. Should this teacher be prosecuted for a felony?
Seems a little harsh to me.
2. When does the legal age of consent not matter?
A great question. If the Texas legislature can regulate sex between a teacher and adult student, what other sexual contact can they regulate. Didn't the US Supreme Court rule that Texas could not legally ban sodomy? What would they have to say about this? Are there laws regarding Doctor-patient sex, or other type of power-relationship issues? Seems to me that either a state can regulate private sex between consenting adults, or they can't. Perhaps since it's a public school there are exceptions?
1. Should this teacher be prosecuted for a felony?
Seems a little harsh to me.
2. When does the legal age of consent not matter?
A great question. If the Texas legislature can regulate sex between a teacher and adult student, what other sexual contact can they regulate. Didn't the US Supreme Court rule that Texas could not legally ban sodomy? What would they have to say about this? Are there laws regarding Doctor-patient sex, or other type of power-relationship issues? Seems to me that either a state can regulate private sex between consenting adults, or they can't. Perhaps since it's a public school there are exceptions?
Making this a felony charge seems outrageous to me. I can certainly see why a school would have a policy forbidding teachers from having such relationships with their students. I cannot see why this should be a crime.
The legal age of consent, although it is completely arbitrary, is an attempt to distinguish between persons involved in freely chosen relationships (no matter how foolish) and persons who are victims. It's not a perfect system, but it's a decent way to draw a line between inappropriate behavior and crime.
The legal age of consent, although it is completely arbitrary, is an attempt to distinguish between persons involved in freely chosen relationships (no matter how foolish) and persons who are victims. It's not a perfect system, but it's a decent way to draw a line between inappropriate behavior and crime.
Questions for debate:
1. Should this teacher be prosecuted for a felony?
There is a standard of unequal power in certain relationships, such as doctor-patient, teacher-student, and clergy-church member which has long held that a person in a position of power or authority is not an equal. If the state has said that this is a felony, then that is how it should be prosecuted. There are thousands of teachers that understand there is a line that should not be crossed, and very few exceptions. What happens if we start to say, "Look, it's okay if the student is past the age of consent." Teachers may well have access to a database that includes the student's age. I can see unscrupulous teachers “cherry picking” students who are barely of a legal age.
2. When does the legal age of consent not matter?
I know that when I was in college, a number of the professors remarked to me (as an older student) that there was a definite look but don't touch rule. The minister that married Paladin Elspeth and I made some unwelcome advances to PE and a couple of her friends. Everyone involved was well past the legal age of consent, but in the investigation that ensued; what was stressed was that his behavior was both inappropriate and unprofessional. Yes, the women involved all were old enough to consent, or say no; but they shouldn't have to be afraid to be alone with their minister. The same situation exists with teachers. Students should be able to go to a teacher and ask for help or advice without being concerned as to what prurient thoughts the teacher might be having.
1. Should this teacher be prosecuted for a felony?
There is a standard of unequal power in certain relationships, such as doctor-patient, teacher-student, and clergy-church member which has long held that a person in a position of power or authority is not an equal. If the state has said that this is a felony, then that is how it should be prosecuted. There are thousands of teachers that understand there is a line that should not be crossed, and very few exceptions. What happens if we start to say, "Look, it's okay if the student is past the age of consent." Teachers may well have access to a database that includes the student's age. I can see unscrupulous teachers “cherry picking” students who are barely of a legal age.
2. When does the legal age of consent not matter?
I know that when I was in college, a number of the professors remarked to me (as an older student) that there was a definite look but don't touch rule. The minister that married Paladin Elspeth and I made some unwelcome advances to PE and a couple of her friends. Everyone involved was well past the legal age of consent, but in the investigation that ensued; what was stressed was that his behavior was both inappropriate and unprofessional. Yes, the women involved all were old enough to consent, or say no; but they shouldn't have to be afraid to be alone with their minister. The same situation exists with teachers. Students should be able to go to a teacher and ask for help or advice without being concerned as to what prurient thoughts the teacher might be having.
QUOTE(Curmudgeon @ Jun 13 2006, 06:10 AM) 
The minister that married Paladin Elspeth and I made some unwelcome advances to PE and a couple of her friends. Everyone involved was well past the legal age of consent, but in the investigation that ensued; what was stressed was that his behavior was both inappropriate and unprofessional. Yes, the women involved all were old enough to consent, or say no; but they shouldn't have to be afraid to be alone with their minister.
Was the investigation headed by the police or a church body?
I agree no one should be afraid to be left alone with a professional. That’s called harassment, not to be confused with a relationship—although one can be harassed after entering a relationship. DR’s article covers the basics of the case, and I have no way of telling whether this anonymous student was agitated (no pun intended) into a relationship with his teacher.
Should this teacher be prosecuted for a felony?
No. This article doesn't mention rape, but it looks like a rape case in everything but name. I happen to think that characterizing consensual sex as rape between adults, and minors and young “adults,” and diminishing the severity and impact of actual rape.
When does the legal age of consent not matter?
How about the basics? When one adult does not want to enter a relationship with another adult. I don't have a problem with administratively punishing McElhenney. I have a problem with a definition of rape that outstrips the original purpose, prosecuting nonconsensual sex.
1. Should this teacher be prosecuted for a felony?
No. I don't like absolutist statements, but I doubt it is ever appropriate for a teacher to have sex with a current student. The possibility for conflict of interest is just overwhelming.
That said, I don't think, considering that the student was of age, that this should be a criminal matter at all, but then again, were talking about laws in my beloved home state - Texas - which means the laws don't necessarily have to make any sense.
This should matter should be handled by local administrators and school board members.
2. When does the legal age of consent not matter?
When doesn't it matter? The obvious answer is when the Tejas legislature in its infinite wisdom decides the age of consent is inapplicable or irrelevant.
No. I don't like absolutist statements, but I doubt it is ever appropriate for a teacher to have sex with a current student. The possibility for conflict of interest is just overwhelming.
That said, I don't think, considering that the student was of age, that this should be a criminal matter at all, but then again, were talking about laws in my beloved home state - Texas - which means the laws don't necessarily have to make any sense.
This should matter should be handled by local administrators and school board members.
2. When does the legal age of consent not matter?
When doesn't it matter? The obvious answer is when the Tejas legislature in its infinite wisdom decides the age of consent is inapplicable or irrelevant.
[quote name='DaytonRocker' date='Jun 11 2006, 08:04 PM' post='189261']
1. Should this teacher be prosecuted for a felony?
Yes, the age thing isn't why it's such a big deal. the reason why it needs to be truly severe and tough in nature is that teachers hold a privileged position of trust and authority. While it may be *consensual,* the teacher knew better and purposely used their position for their benefit.
[quote]2. When does the legal age of consent not matter?[/b][/quote]
When the 18 year old is no longer a student in the school or any other school.
1. Should this teacher be prosecuted for a felony?
Yes, the age thing isn't why it's such a big deal. the reason why it needs to be truly severe and tough in nature is that teachers hold a privileged position of trust and authority. While it may be *consensual,* the teacher knew better and purposely used their position for their benefit.
[quote]2. When does the legal age of consent not matter?[/b][/quote]
When the 18 year old is no longer a student in the school or any other school.
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