Teacher/student power imbalance continues after school days end

In recent years we have regularly emphasised the importance of teachers maintaining professional boundaries and not entering into inappropriate personal relationships with students, or indeed recent ex-students.

The importance of these principles in relation to the period after a student has left the school at which the teacher/student relationship existed was reinforced by a recent decision of the Queensland Civil and Administrative Tribunal. The case contains a very helpful and explicit articulation of the principle and is particularly powerful because of the nature of the circumstances.

In this case, the male teacher was 24 at the time he formed an inappropriate relationship with the student. We shall refer to the teacher as X and the student as Y.

It is useful to set out some of the circumstances which are particularly significant in that, notwithstanding the facts to which we refer, the ground of unsuitability to teach was still established and appropriate sanctions imposed. Those were teacher registration being cancelled, prohibition for a period of time and conditions imposed in relation to possible re-registration.

Circumstances
“There is no allegation of grooming from the College of Teachers and it is agreed that the relationship began the day after Y graduated (sexual intercourse did not take place until mid-January).”

Mr X “Did recognise some of the boundaries that need to exist between a teacher and a 17-year old student. However, his recognition of the appropriate boundaries did not extend far enough.”

“This is not, however, a matter where Y was treated with casual disregard by X. It is clear that there was, albeit inappropriate, affection and concern of a mutual nature in this relationship.”

“Whilst Y should not have been taken advantage of in this way, it cannot be said that she was pursued as a sexualised object; it is apparent that X cared for her and suffered a mental struggle to grapple with emotions that led to his own depression.”

“This is an unusual case in that the teacher’s behaviour at all times whilst the student was at school was respectful and caring. This is not to say that there was not dishonesty and inappropriate behaviour which is evident in the facts of the relationship’s development, particularly after the student left school.”

“There was no inappropriate conduct while the student was at school.”

Against this background, the application of the principle was summarised by the tribunal as follows.

Principles

“The inappropriateness of the relationship is because it cannot be said that a mere day after her graduation Y was no longer influenced by the power-imbalance that exists in a teacher-student relationship. Y was a young woman, uncertain of her future path in life, and genuinely enamoured with X as a result of their interactions whilst she was a student. It is apparent that there was a genuine affection between X and Y, but it developed in a context where X was in a position whereby Y would look to him for educational guidance, and in her case, also personal guidance.

"At the point in time the relationship culminated in dating, and shortly thereafter, in sexual activity, sufficient time had not passed such that X and Y were on equal footing in the relationship. It can fairly be said that she was still his student, and he, her teacher, no matter whether the relationship was mutually affectionate. What must be understood, and was not understood by X here, is that Y was not in a position to consent to a relationship with him free of the teaching context.

"Several other cases of a similar nature have been heard by the tribunal and have firmly established that in circumstances like this, a teacher must recognise that young people, even those with a degree of personal maturity, are ‘inherently volatile and, given excited expectation and disappointment, unforeseen and dangerous consequences may ensue from this type of relationship’.”

Conclusion

Teachers must be scrupulously careful not to exploit, even after the student has left school, the enduring power imbalance which continues for some time thereafter.

Andrew Knott
TressCox Lawyers

^{Source: Queensland Teachers' Journal,  Vol 119, No 3, 17 April 2014, p.27}