JACKSONVILLE, Fla. \u2013 Several local teachers and school administrators have faced criminal charges in recent months, raising questions about what the law actually says about teacher-student relationships. <\/p>\n
Jacksonville attorney Millicent Daniels with The Daniels Law Firm joined us on The Morning Show to explain the legal boundaries \u2014 and the consequences for crossing them.<\/p>\n
Mandatory reporting: Why a principal was arrested<\/p>\n
Among the recent cases was the arrest of Baldwin Middle Senior High School Principal Michael Townsend, who was accused of failing to report alleged inappropriate behavior between a teacher and a student. The case drew attention because the principal was charged not for his own conduct, but for failing to act on someone else\u2019s.<\/p>\n
Daniels says that distinction matters under Florida law.<\/p>\n
\u201cSchool employees here in Florida are considered mandatory reporters,\u201d Daniels said. \u201cThat means that they are charged with having to report suspected child abuse, sexual abuse, abandonment, neglect, as long as they have reasonable cause, they have to go ahead and report it to the child abuse hotline.\u201d<\/p>\n
She added that failure to report is not simply a policy violation.<\/p>\n
\u201cIn situations where it\u2019s not reported, then that person could face felony offenses,\u201d Daniels said.<\/p>\n
When texting becomes a crime<\/p>\n
Some of the recent investigations began with text messages between school employees and students, a scenario that Daniels says is increasingly common.<\/p>\n
\u201cThe text in itself is not a crime,\u201d Daniels said. \u201cHowever, the content of the text may very well be criminal.\u201d<\/p>\n
Daniels explained that Florida law prohibits school employees from pursuing romantic or sexual relationships with students, and that digital communication can add an additional charge.<\/p>\n
\u201cIf they choose to use an electronic device, like a computer, a tablet, a cell phone in order to attempt to lure or solicit a child or a student into a sexual activity, then that in itself is an additional separate charge that\u2019s also a felony,\u201d she said.<\/p>\n
Physical contact, consent, the law<\/p>\n
In the case involving a math teacher at Darnell Cookman School of the Medical Arts, the allegations involve physical contact. <\/p>\n
Brian Orr was arrested and accused of lewd and lascivious touching of a teenager and has pleaded not guilty.<\/p>\n
Daniels was direct about what the law says.<\/p>\n
\u201cVery simply put \u2014 don\u2019t do it,\u201d Daniels said. \u201cIf you intentionally touch a child, and it\u2019s done in a lewd way, which means that you\u2019re touching their genitals, their private areas, whether they consent to it or not, because the law says they cannot give consent, then you are gonna face felony charges.\u201d<\/p>\n
What \u2018not guilty\u2019 means<\/p>\n
Several of the accused in these cases have entered not guilty pleas, including Orr and substitute teacher Cameron Coverson, who was charged with two counts of unlawful sexual activity with a student. Daniels says a not guilty plea is a standard part of the process.<\/p>\n
\u201cA not guilty plea is very common in the criminal justice system,\u201d Daniels said. \u201cIt\u2019s one of those things that starts off the criminal process.\u201d<\/p>\n
She noted that the burden in these cases falls squarely on the state.<\/p>\n
\u201cThe state has the burden of proof. That means that they have to prove every element of the offenses that they charge beyond a reasonable doubt,\u201d Daniels said.<\/p>\n
Recognizing grooming<\/p>\n
Daniels emphasized that inappropriate relationships often develop gradually, and that the warning signs extend well beyond the classroom.<\/p>\n
\u201cGrooming is a real thing,\u201d Daniels said. \u201cIt can be the late-night text, or the text about things that are not related to the school activity, or emails that are unrelated to the school assignment.\u201d<\/p>\n
She says parents and school employees alike need to recognize the signs.<\/p>\n
\u201cIt can be that hug that lasts too long, giving of gifts, the singling out, the secrecy behind it \u2014 those are all indicators of inappropriate conduct that parents, we need to all be watchful for,\u201d Daniels said.<\/p>\n
The responsibility, she added, is shared.<\/p>\n
\u201cAs school employees, you have a duty to go ahead and report it because if you don\u2019t, you\u2019re facing felony charges,\u201d Daniels said.<\/p>\n
Civil liability for school districts<\/p>\n
Beyond criminal charges for individual employees, Daniels says families may also have legal recourse against the school district itself.<\/p>\n
\u201cMany times we\u2019re seeing that it\u2019s not an isolated incident \u2014 there are red flags that were apparent and the school district didn\u2019t do anything about it,\u201d Daniels said. \u201cNot only is it in criminal court for those employees that actually commit these offenses, families then can go ahead and also pursue civil damages against the district.\u201d<\/p>\n
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