Adopted: MSBA/MASA Model Policy 423
Revised: Rev. 2022
423 EMPLOYEE-STUDENT
RELATIONSHIPS
I. PURPOSE
The school district is committed to an educational
environment in which all students are treated with respect and dignity. Every school district employee is to provide
students with appropriate guidance, understanding, and direction while
maintaining a standard of professionalism and acting within accepted standards
of conduct.
II. GENERAL
STATEMENT OF POLICY
A. This policy
applies to all school district employees at all times, whether on or off duty
and on or off of school district locations.
B. At all
times, students will be treated by teachers and other school district employees
with respect, courtesy, and consideration and in a professional manner. Each school district employee is expected to
exercise good judgment and professionalism in all interpersonal relationships
with students. Such relationships must
be and remain on a teacher-student basis or an employee-student basis.
C. Teachers
must be mindful of their inherent positions of authority and influence over
students. Similarly, other school
district employees also may hold positions of authority over students of the
school district and must be mindful of their authority and influence over
students.
D. Sexual
relationships between school district employees and students, without regard to
the age of the student, are strictly forbidden and may subject the employee to
criminal liability.
E. Other
actions that violate this policy include, but are not limited to, the
following:
1. Dating
students.
2. Having any
interaction/activity of a sexual nature with a student.
3. Committing
or attempting to induce students or others to commit an illegal act or act of
immoral conduct which may be harmful to others or bring discredit to the school
district.
4. Supplying
alcohol or any illegal substance to a student, allowing a student access to
such substances, or failing to take reasonable steps to prevent such access
from occurring.
F. School
district employees shall, whenever possible, employ safeguards against improper
relationships with students and/or claims of such improper relationships.
[Note: Such safeguards may include the following: avoiding altogether
or minimizing physical contact, keeping doors open when talking or meeting with
students one-on-one, and/or making sure that such meetings with a student take
place in rooms with windows and/or others nearby.]
G. Excessive
informal and social involvement with individual students is unprofessional, is
not compatible with employee-student relationships, and is inappropriate.
H. School
district employees will adhere to applicable standards of ethics and
professional conduct in Minnesota law.
III. REPORTING AND
INVESTIGATION
A. Complaints
and/or concerns regarding alleged violations of this policy shall be handled in
accordance with MSBA/MASA Model Policy 103 (Complaints – Students, Employees,
Parents, Other Persons) unless other specific complaint procedures are provided
within any other policy of the school district.
B. All
employees shall cooperate with any investigation of alleged acts, conduct, or
communications in violation of this policy.
IV. SCHOOL
DISTRICT ACTION
Upon receipt of a report, the school district will take
appropriate action. Such action may
include, but is not limited to, warning, suspension, exclusion, expulsion,
transfer, remediation, termination, or discharge. It also may include reporting to appropriate
state or federal authorities, including the Minnesota Professional Educator
Licensing and Standards Board or the appropriate licensing authority and
appropriate agencies responsible for investigating reports of maltreatment of
minors and/or vulnerable adults. School
district action taken for violation of this policy will be consistent with
requirements of applicable collective bargaining agreements, Minnesota and
federal law, and school district policies.
V. SCOPE OF
LIABILITY
Employees are placed on notice that if an employee acts
outside the performance of the duties of the position for which the employee is
employed or is guilty of malfeasance, willful neglect of duty, or bad faith,
the school district is not required to defend and indemnify the employee for damages
in school-related litigation.
Legal References: Minn. Stat. § 13.43, Subd. 16 (School
District or Charter School Disclosure of
Violence or Inappropriate Sexual Contact)
Minn. Stat. § 122A.20, Subd. 2 (Mandatory Reporting to Professional
Educator Licensing and Standards Board or Board of School Administrators)
Minn. Stat. § 122A.40, Subds. 5(b) and 13(b) (Mandatory
immediate discharge of teachers with license revocations due to child or sex
abuse convictions)
Minn. Stat. §§ 609.341-609.352 (Defining “intimate parts”
and “position of authority” as well as detailing various sex offenses)
Minn. Stat. Ch. 260E (Reporting of Maltreatment of Minors)
Minn. Stat. § 626.557 (Reporting of Maltreatment of
Vulnerable Adults)
Minn. Rules Part 3512.5200 (Code of Ethics for School
Administrators)
Minn. Rules Part 8710.2100 (Code of Ethics for Minnesota
Teachers)
Cross References: MSBA/MASA Model Policy 103 (Complaints –
Students, Employees, Parents,
Other Persons)
MSBA/MASA Model Policy 211 (Criminal or Civil Action Against
School District, School Board Member, Employee, or Student)
MSBA/MASA Model Policy 306 (Administrator Code of Ethics)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and
Dismissal of School District Employees)
MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child
Neglect or Physical or Sexual Abuse)
MSBA/MASA Model Policy 415 (Mandated Reporting of
Maltreatment of Vulnerable Adults)
MSBA/MASA Model Policy 421 (Gifts to Employees and School
Board Members)
MSBA/MASA Model Policy 507 (Corporal Punishment)