Policy 4780-1

Working Conditions

Professional Boundaries Between Employees and Students

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 01/27/2015
Related policies & regulations:  
Legal references:  Neb. Rev. Statute section 79-879

 

All employees are expected to observe and maintain professional boundaries between themselves and students. A violation of professional boundaries will be regarded as a form of misconduct and may result in disciplinary action. Employees should follow these prohibitions for a reasonable time after a student graduates.

The following nonexclusive list of actions will be regarded as a violation of the professional boundaries that employees are expected to maintain with a student:

Electronic Communication

• Text messaging, instant messaging or social networking sites to discuss with a student a matter that does not pertain to school-related activities, such as the student’s homework, class activity, school sport or club or other school-sponsored activity. Electronic communications with students are to be sent simultaneously to multiple recipients, not to just one student, except where the communication is clearly school-related and inappropriate for persons other than the individual student to receive (for example, e-mailing a message about a student’s grades).
• All coaches/sponsors should include another staff member in any communications with student(s).
• Using e-mail to communicate with students in an inappropriate, immoral or unethical manner.
• Engaging in social-networking friendships with a student on a social networking site in an inappropriate, immoral or unethical manner. Material that employees post on social networks that is publicly available to those in the school community must reflect the professional image applicable to the employee’s position and not impair the employee’s capacity to maintain the respect of students and parents or impair the employee’s ability to serve as a role model for children (for example, inappropriate, immoral or unethical photos or videos).

The preferred method of communications with students, other than in-person, is to use District-issued equipment, to limit communications to school-related activities and to include at least one other responsible adult (parent, guardian or staff member) or multiple students.

Other

• Engaging in any sexual activity, a romantic relationship or dating a student or a former student within one year of the student graduating or otherwise leaving the District.
• Making any sexual advance – verbal, written, or physical – toward a student.
• Grooming, which means building trust with a student and individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student’s life the sexual contact or sexual penetration would take place.  Examples of grooming and other inappropriate conduct include:
• Showing sexually-inappropriate materials or objects to a student.
• Discussing with a student sexual topics that are not related to a specific curriculum.
• Telling sexual jokes to a student.
• Invading a student’s physical privacy (e.g., walking in on the student in a restroom), except as appropriate in relation to the child’s needs.
• Inappropriate, immoral or unethical physical contact with a student.
• Discussing with the student the employee’s problems that would normally be discussed with adults (e.g., marital problems).
• Taking a student on an outing without obtaining prior express permission of the student’s parent and school administrator.
• Inviting a student to the employee’s home without prior express permission of the student’s parent and school administrator.
• Going to the student’s home when the student’s parent or a proper chaperone is not present.
• Giving gifts of a personal nature to a specific student.

Appropriate exceptions are permitted to the foregoing for legitimate health or educational purposes and for reasons of family relationships between employees and their children who are students in the District.

Inappropriate, immoral or unethical conduct includes conduct prohibited by NDE Rule 27 (whether such conduct is by a certificated employee or a classified employee) and conduct prohibited in the District’s employee handbooks.

The foregoing expectations also apply to student teachers and interns.

Reporting and Consequences

Any person who suspects a District employee, student teacher or intern of engaging in any prohibited conduct under this policy, including grooming, should contact the Associate Superintendent for Human Resources as soon as practical.

An employee, student teacher or intern who violates this policy may face discipline up to and including termination of employment.  Violations may also result in a report to the State Department of Education, the Department of Health and Human Services and law enforcement; and consequences may also include suspension or revocation of a certificated employee’s certificate.

A violation involving sexual or other abuse will result in referral to the Department of Health and Human Services, law enforcement or both.

The Associate Superintendent for Human Resources shall be responsible for developing a procedure for employees, student teachers and interns to verify this policy was received and understood.