Teachers fear allegations of sex with students

Published: Sunday, June 14 2009 1:33 a.m. MDT

illustration by John Clark, Deseret News

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It's a teacher's worst nightmare.

A student either misinterprets a situation or simply makes up an incident of sexual misconduct between him or her and his or her teacher.

The student may later recant his or her words. However, by the end of the ordeal, the teacher's name has been dragged through the mud.

"This is the world we live in. But there are strategies to limit liability. We want good teachers to teach kids, not spend time in jail," said Cal Evans, Jordan School District compliance officer.

School districts have implemented policies stating exactly what the boundaries are between teachers and students. University officials train new teachers to stay away from questionable situations.

But the idea of being wrongly accused — coupled with recent incidents of Utah teachers being arrested in connection with illicit relationships with students — has educators on edge.

Just this week, a teacher in Fillmore was arrested and accused of sexual activity with a student. That arrest happened just three days after a Salt Lake teacher was acquitted of having sex with a student.

"I constantly worry," said Dan Penrod, who teaches special education at Hillcrest High School.

Penrod said he doesn't even go in the school's restroom if students are there. "I avoid impropriety, or even the chance of it," he said.

Michael McCoy, attorney for the state teacher's union, the Utah Education Association, said in his 30 years of reviewing cases, approximately a third of the teachers accused are innocent.

Many students make a statement, then later in the process realize it's too late to admit they made it up, he said.

The attorney alluded to a case that occurred years ago in North Summit School District. A girl accused a male teacher of sexual misconduct. Her story was full of holes. She then admitted "it didn't happen to her. It had happened to others, but she was the only one brave enough to complain," McCoy said.

Utah State Office of Education attorney Carol Lear said it's difficult and unlikely for a student to be able to sustain accusations against a teacher "in the face of extensive questioning" by attorneys and educators.

Lear said schools could take disciplinary action against a student who lies, depending on the student's age and intent.

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