From Deseret News archives:

Despite checks, 'bad apples' appear

Published: Sunday, Nov. 9, 2008 12:11 a.m. MST
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State education leaders are questioning whether enough is being done to prevent sexual relationships between students and teachers — as well as other unethical behavior — in Utah's schools.

"These incidents are too frequent. And it's something we need to give more serious talk to," said Randall Mackey, State Board of Education member.

Some safeguards are in place. Teachers must go through a criminal background check before being granted a license. They receive ethics training at the college level and after they are in the classroom.

The Utah State Office of Education is currently working on an ethics assessment for teacher relicensing.

Despite all the preventive measures, teacher incidents continue.

"Sometimes we get a bad apple," said board member Richard Moss.

Illicit incidents

There are 26,000 active educators in Utah. Approximately 100 complaints are filed against teachers each year. About half of those complaints are considered serious enough to investigate. Some kind of discipline is taken in 80 percent of those cases, according to the state education office.

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An education office attorney investigates the most severe complaints and brings evidence to a commission, which can issue discipline ranging from a letter of reprimand to probation. In more grave instances, the commission may recommend revocation of a teacher's license.

From 2000 to mid-2008, state officials investigated 475 serious complaints. Occasionally they end up being vendettas from a disgruntled parent or the angry ex-spouse of a teacher, said state education office attorney Carol Lear, who is also the Utah Professional Practices executive secretary.

The majority of weighty cases investigated during the past eight years were sex-related, including 70 cases of sex with a student. In addition, 31 complaints were labeled "other sex crimes," such as lewdness or prostitution. Flirting, innuendo and illicit text messages or e-mails accounted for another 126 sex-related cases, according to state data.

A law approved by the 2008 Legislature requires teachers convicted of a sex crime with a child to have their teaching licenses revoked permanently.

"Teachers are in a position of trust," said the law's sponsor, Rep. Carl Wimmer, R-Herriman.

Losing their teaching certificates isn't the only repercussion for educators who cross the line.

"If you touch a student, you need to know, it's not just your career — it's your freedom. And you will be on the convicted sex-offender list," said Salt Lake criminal defense attorney Greg Skordas, a former sex-crimes prosecutor and victim advocate.

Recent comments

That is the current law. If you want it tightened, talk your...

Re:Leary | Nov. 10, 2008 at 1:14 p.m.

""The system is tight but not 100 percent foolproof," she said."...

Steven Jarvis | Nov. 9, 2008 at 12:03 p.m.

Let me get this straight: According to Carol Lear, teachers...

Leary of Carol Lear | Nov. 9, 2008 at 7:59 a.m.

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Carol Lear, Utah State Office of Education attorney, is involved with investigating allegations of teacher misconduct, which can cost teachers their licenses.

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